Sir Fred Goodwin named in court gagging mystery

Sir Fred, who presided over the near collapse of RBS, took out the "super-injunction" which is understood to be so strict that it even prevents him being identified as a banker.

The terms of most super- injunctions are so stringent that the media is normally prevented from reporting on them.

But the details in this case emerged in the House of Commons when Liberal Democrat MP John Hemming used parliamentary privilege to reveal that Sir Fred had obtained the gagging order.

Parliamentary privilege protects politicians from prosecution over comments they make in the House of Lords and House of Commons during parliamentary proceedings.

Speaking during business questions in the Commons, Mr Hemming said: "In a secret hearing, Fred Goodwin has obtained a super-injunction preventing him being identified as a banker.

"Will the government have a debate or a statement on the issue of freedom of speech and whether there is one law for the rich, such as Fred Goodwin, and another law for the poor?"

Leader of the House Sir George Young 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."

But Sir George warned MPs about addressing legal proceedings and court responsibilities, saying: "I think any minister would be cautious about commenting on that."

Super-injunctions are lodged to prevent news organisations from revealing the identities of those involved in legal disputes or even reporting the fact that such restrictions have been imposed.

A source close to Sir Fred said the former bank boss, pictured below, would "not be making any comment" about the claims made in the Commons by Mr Hemming.

The Scotsman is prevented under the terms of the court order from reporting any further details about it.

Leading campaigners against the "Draconian" privacy laws in UK courts told The Scotsman that Sir Fred's action was the latest in a series of high-profile attempts to gag the media.

Tim Gopsill of the Campaign for Press & Broadcasting Freedom said: "This is yet another attempt to use the restrictive privacy laws to gag the press in this country.

"The use of a super-injunction is an attempt to prevent public scrutiny of public figures and is something that's used by the rich and powerful.

"This case involving Sir Fred Goodwin is proof if proof were needed that we need to stop this kind of gagging practice. "Athletes and footballers have used super-injunctions to keep secret knowledge that it is in the public interest (to disclose]."

Mr Gopsill claimed that the UK's privacy laws were "much more Draconian" than those in the United States, where the media can report more details about figures in the public eye.

He said: "That's a good principle and under the US laws the latest restriction involving Sir Fred Goodwin would be much less likely to win approval. Another issue is that the laws over privacy in the UK hugely favour the rich and powerful because of the use of no win no fee by those bringing the actions.

"That certainly makes it harder for the media to defend actions and it's often the case that the press ends up settling out of court."

Mike Harris of the Index on Censorship claimed that the powers obtained by Sir Fred were "absurd".He said: "The revelation about Sir Fred Goodwin's action shows that allowing someone to use the law to prevent discussion about a public figure is absurd.

"The law is used to cull free speech and must be reformed, as the law in this area has been unjust for a long time.

"The High Court in London is regularly used by millionaires and oligarchs, including some from outside the UK, to silence free speech through libel tourism for example.

"The reason they come to London and to the High Court is because of the restrictive and Draconian rules over privacy and libel."

A High Court judge previously lifted a super-injunction obtained by the England footballer John Terry, which had prevented the media from reporting that the footballer had conducted an extra-marital affair with the ex-girlfriend of a team-mate.

Other high-profile cases involving super-injunctions included that of top golfer Colin Montgomerie who successfully applied for the order in the High Court following claims allegedly involving his former girlfriend.

Parliamentary privilege

THE late Tory MP Geoffrey Dickens famously used parliamentary privilege in the 1980s to name the diplomat Sir Peter Hayman, who was later jailed for paedophiliac practices.

Before the conviction, Mr Dickens had first named Hayman in the House of Commons, thereby making use of his parliamentary privilege.

Former environment minister Tim Yeo used parliamentary privilege in 2009 to make an allegations in the Commons, saying a local council was guilty of "kidnapping" a nine-week-old baby from its parents.

The MP Edward Leigh has used parliamentary privilege to attack bankers after joining a House of Commons revolt against his own Conservative colleagues.

Tory grandee Mr Leigh this year used his parliamentary privilege to describe bankers as "firemen and arsonists rolled into one".