HL Deb 07 June 1999 vol 601 cc119-20WA
Lord Renfrew of Kaimsthorn

asked Her Majesty's Government:

In the light of the Sevso case (Marquess of Northampton v. Allen & Overy and Peter Mimpriss) whether the policy of freedom of speech in the Human Rights Act 1998 is consonant with the enforcement of conditions of confidentiality arising from such compromise agreements. [HL2678]

The Lord Chancellor

Parties to court proceedings who settle their dispute are entitled to do so on terms of confidence. The exercise of the right to freedom of expression under Article 10 of the European Convention on Human Rights does not extend to a right to disclosure of information received in confidence (see Article 10(2)).

Lord Renfrew of Kaimsthorn

asked Her Majesty's Government:

In the light of the Sevso case (Marquess of Northampton v. Allen & Overy and Peter Mimpriss), whether their policy of encouraging settlement of disputes by way of alternative dispute resolution such as mediation, the terms of which are necessarily confidential, acts adversely upon:

  1. (a) the public debate of matters of concern to cultural integrity;
  2. (b) enforcement by law enforcement authorities;
  3. (c) ethical conduct by museums; and
  4. (d) effective enforcement of natural rights under the Recovery of Unlawfully Removed Objects Regulations. [HL2679]

The Lord Chancellor

This Government believe that alternative dispute resolution can provide effective ways of settling many disputes. Whatever the mode of reaching a settlement, parties to court proceedings who reach an agreement are entitled to do so on terms which are confidential. The Government do not consider this has an adverse effect on the matters to which the noble Lord refers.