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User Name Thread Name Subject Posted
Howard Jones BS: 'Sir' Philip Green (298* d) RE: BS: 'Sir' Philip Green 28 Oct 18

It is very difficult to discuss this without appearing to support Green, which is certainly not my intention.

This discussion appears to be muddied by confusion between civil and criminal law. These are not criminal allegations (yet). I think what the court would probably look at is whether the information the Telegraph intended to publish was from sources covered by NDAs. If so, that would mean that someone who has voluntarily entered into a settlement which includes a confidentiality agreement and has accepted what is possibly a large sum of money had gone on to breach that confidentiality. That would be a breach of contract, as well as being dishonest. If so, then revealing Green's name before that case can be heard has undermined the course of justice.

It can be argued with good reason that the parties to an NDA are not in comparable positions, and that someone who has lost their job and has bills to pay cannot afford to turn down a large sum of money on a point of principle, which a large corporation can easily afford. However that discussion is already taking place, across a much wider spectrum than Green's alleged behaviour, and pressure is increasing to prevent NDAs being used in these circumstances. It was not necessary to breach a court injunction and name Green in order to pursue that debate.

Parliamentary privilege is an important right which allows parliamentarians to discuss issues freely. It should not be used simply because an individual member disagrees with something. Hain's actions do not advance the wider debate about NDAs and his intention really seems to be to embarass Green. While it is not difficult to sympathise with that objective, it is not a proper use of parliamentary privilege.

As for Green, his reputation is already fairly thoroughly trashed, and further allegations of bullying and sexual harassment are emerging, and would have done so without this particular incident.

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