Lord Irvine: should the new laws be made by Parliament or the Courts?

New Privacy Laws on the Horizon

The incorporation of the Convention, including its Articles 8 and 10 on privacy, is expected to take place during the current parliamentary session.

Lord Irvine of Lairg said the media should give "serious thought" to whether any privacy laws should be allowed to be developed by the courts, case by case, or be regulated by a parliamentary statute.

The Lord Chancellor hinted that, under the Convention, the press may find a law of privacy enacted by Parliament more palatable than one developed by the courts, because a law developed case by case could involve the media in new and substantial liabilities.

There are, as yet, no plans for the Government to introduce a privacy law to combat press intrusion - and the Prime Minister, Tony Blair, is said to be opposed to moving away from self-regulation.

Nevertheless, Lord Irvine said the press "might think, if they were more intelligent, they would get a more moderate and politically balanced privacy law out of Parliament".

In his first interview since becoming Lord Chancellor, Lord Irvine told The Observer newspaper: "If you ask me what happens when you incorporate the European Convention, and do you predict the courts will develop a law of privacy, I say yes."

He added: "The whole thing about incorporation which everyone has got to take on board is that it is signing up to a complete package - there is no picking and choosing."

"What I find rather hilarious is that you could end up with a law of privacy developed by the judges which the press might in 10 years' time be petitioning Parliament asking for a weaker remedy to be put into being, consistent with Articles 8 and 10 (of the European Convention)," said the Lord Chancellor.