Hain questions legitimacy of charge

Suggested Topics

A lawyer defending Labour MP Peter Hain against claims that he "scandalised a judge" has challenged whether the offence still exists.

David Dunlop, counsel for the former Northern Ireland Secretary, said the legal action against him had "highly significant" implications for free speech and questioned whether the case had any basis in common law.

The action, taken by the Northern Ireland Attorney General, John Larkin, stems from comments made by Mr Hain in his autobiography, Outside In.

The case has attracted criticism from both sides of the Commons, with more than 120 MPs signing a motion calling for the proceedings to be dropped. David Cameron said exchanges between judges and politicians were part of modern democracy and should be kept "as far as possible out of the courts".

At a preliminary hearing at Belfast High Court yesterday, Mr Larkin said that citizens were entitled to have confidence in the justice system. He declared: "The fair criticism of judges and judicial decisions is not only quite clearly a right, there are also occasions when there may be a duty to do it."

But while not arguing all criticism of judges was contempt of court, he said criticism which undermined public confidence in the administration of justice should not be permitted.

For Mr Hain, Mr Dunlop said he wished to examine whether the "archaic" offence still existed, and questioned whether the action complied with the European Convention on Human Rights. The case will be heard in full on 19 June.

Independent Comment
blog comments powered by Disqus
Top stories
News in pictures
World news in pictures
UK news in pictures
UK news in pictures
More stories
       
Independent
Travel Shop
India and Shimla
14 nights from only £1899pp Find out more
Prague city break
Three nights from £199pp Find out more
4* Soreda hotel break, Malta
Seven nights all-inclusive from £399pp Find out more
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

Day In a Page

National archives: Edward VIII’s phone calls - and how MI5 bugged them

Edward VIII’s phone calls - and how MI5 bugged them

Newly unearthed papers reveal a shocking extra dimension to the constitutional crisis over monarch’s abdication
Sent down at the Old Bailey: A tour of the world's most famous court

Sent down at the Old Bailey

A tour of the world's most famous court
Hollywood's random acts of red-carpet kindness

Hollywood's random acts of red-carpet kindness

The Hangover actor Zach Galifianakis’s date for his movie premieres isn’t arm candy  – it’s his 87-year-old friend who he saved from homelessness
British football scores an own goal

British football scores an own goal

Many managers barely survive a year in post. Martin Baker talks to experts who make a case for clubs using forensic business skills to find the best staff
James Lawton: Sergio Garcia cracks as major fault line opens up again

James Lawton

Sergio Garcia cracks as major fault line opens up again
Dylan Hartley: Northampton have spent the season proving all our critics wrong

Dylan Hartley talks tough

Northampton have spent the season proving all our critics wrong
Watch out Watford: Here comes the secretive Bilderberg Group

Watch out Watford: Here comes the secretive Bilderberg Group

A meeting of global power brokers in a Hertfordshire hotel is exciting conspiracy theorists, but what are they really about?
'The ultimate all-in-one home entertainment system': Microsoft finally unveils its Xbox ONE console

'The ultimate all-in-one home entertainment system'

Microsoft finally unveils its Xbox ONE console
Plenty of Fish dating site founder pulls 'Intimate Encounters' option to ward off sleazy men

Plenty of sleaze

Dating website pulls intimate 'hook-up' section to curb harassment
Inferno author Dan Brown 'honoured' to be invited to join the Freemasons

The Freemasons’ Code

Dan Brown reveals the message that told him door to the lodge is open
Not secure any more: G4S boss heads for exit at last

Not secure any more: G4S boss heads for exit at last

Nick Buckles survived the Olympics débâcle and a £5bn bid fiasco but a profit warning finally triggered his downfall
How to say ‘I’m a sellout’: Tumblr’s David Karp’s message of reassurance to his staff sounded very familiar

How to say ‘I’m a sellout’

Tumblr’s David Karp’s message of reassurance to his staff sounded very familiar
Why clubs are keen to take a stand

Why clubs are keen to take a stand

There's a real desire around the grounds for safe standing. But will the authorities listen?
In the end the fans decided Tony Pulis had made a pig's ear of the job at Stoke City

In the end the fans decided Tony Pulis had made a pig's ear of the job at Stoke City

Disillusion with a siege mentality and negative playing style made change inevitable
James Lawton: The James Hunt I knew is the subject of a new F1 movie

James Lawton: The James Hunt I knew is the subject of a new F1 movie

British driver was fascinating man whose epic duel with Niki Lauda in 1976 was typical of an era of glamour and glory – but also the ever-present threat of death