The existence of the injunction was revealed by John Hemming, a back-bench
Liberal Democrat MP, during a business debate in the House of Commons
yesterday morning.
His comments are protected by parliamentary privilege, which means he cannot
face court proceedings for revealing the injunction's existence.
His question raised speculation yesterday about the nature of the information
which Sir Fred is trying to protect. The Daily Telegraph is prevented from
disclosing any details under the terms of the injunction.
It has also led to questions about the secretive nature of super-injunctions –
which ban any mention that a court order even exists – and whether they are
damaging freedom of speech.
Mr Hemming said: "In a secret hearing, Fred Goodwin has obtained a
super-injunction, preventing him being identified, [even] as a banker. Will
the Government have a debate or a statement on freedom of speech and whether
there's one rule for the rich like Fred Goodwin and one rule for the poor?"
Sir George Young, the Leader of the House, said a forthcoming Westminster Hall
debate would explore freedom of speech, adding: "I will raise with the
appropriate minister the issue he has just raised."
Sir Fred, nicknamed "Fred the Shred" for his management style,
presided over the near-collapse of RBS, which needed a £20 billion bail-out
by the taxpayer.
Married to his wife Joyce for more than 20 years, his house in Edinburgh was
attacked by protesters after it was disclosed that he had retired on an
annual pension of £703,000, which was later reduced to £342,000. The father
of two also received a lump sum of almost £3 million.
The case represents one of the first times a high-profile figure outside the
world of celebrity has resorted to using a super-injunction.
Niri Shan, the head of media law at Taylor Wessing, said that, following the
recession, bankers and other professionals could find themselves subject to
similar scrutiny.
“This is the first time we have seen someone who has a public figure outside
of the world of celebrity resorting to a super-injunction,” he said. “I
think it is indicative of the fact that the public are more interested in
professionals such as lawyers and bankers.”
There have been several super-injunctions obtained by celebrities in recent
months. Last month, a sportsman known to have cheated on his partner with
two women won an appeal to remain anonymous when the judge said the fact he
had conducted a previous affair would make it easier for people to work out
the nature of the allegations.
Parliamentary privilege dates back to the English Civil War, when Parliament
was fighting for independence from the monarchy. But it was not until 1689,
when the Bill of Rights established the rights of Parliament after the
“Glorious Revolution”, that it became enshrined in law.
In 2009 Paul Farrelly, a Labour MP, took similar steps to disclose the
existence of a super-injunction obtained by the oil firm Trafigura, which
banned reporting of toxic waste dumping in the Ivory Coast.
Mr Hemming declined to comment further last night. Olswang, Sir Fred’s
solicitors, also declined to comment.
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