Policing and Crime Bill

Debate between Baroness Butler-Sloss and Lord Blunkett

Report: 3rd sitting (Hansard): House of Lords
Monday 12th December 2016 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, I have been listening with a great deal of care to all that has been said. I have no doubt that Amendment 182 does not go quite far enough, in the sense that if there is to be the intervention of legal process before a court, it needs to be by a judge and not a magistrate. I am in the extremely unusual position of not knowing which way I am likely to vote. I find it very difficult. I am very attracted by what the noble and learned Lord, Lord Mackay of Clashfern, says: that prior to charge, no one who is being investigated should have the information disclosed. But I do think that one has to point out—as, indeed, the noble Lord, Lord Campbell-Savours, and other noble Lords pointed out—that sexual offences, particularly with celebrities, are a special case that sells newspapers. In one of the magistrates’ courts where I used to prosecute and defend as a very young barrister, the custody officer told me that it was £25 for the information to be provided. So one knows about it, and the police have, indeed, been criticised.

I happen to know someone prominent in a particular career—I will not say which—who is about to be charged with an offence committed at the age of 13 against a girl of seven. Everybody locally knows about it. For him, that is quite as awful as it would have been for Lord Bramall or Lord Brittan, save for the fact that this man is not likely to be dying. But this very personal thing—it may or may not be true—of someone in their forties or fifties accused of what he did at the age of 13, which has suddenly come out in relation to a girl of seven, is a shock.

The question that I pose to the Minister is this. If we do not do anything by way of legislation, what can we do to protect those who are innocent and have been vilified, and those who may be innocent, and the presumption of innocence, as the noble Lord, Lord Pannick, has rightly pointed out, is there but is totally ignored by the media, and consequently largely ignored by the public? The approach that “there is no smoke without fire” is attractive, and if the press say something—well, it may be true. If we do not do anything, how do we stop an injustice? With huge hesitation, therefore, I am likely to support the argument of the noble and learned Lord, Lord Mackay of Clashfern, rather than my very close friend, the noble and learned Lord, Lord Judge.

[Lord Blunkett (Lab)]

My Lords, I will not detain the House for long. I was the Home Secretary back in 2003 when, as has been referred to this afternoon, many of these issues were debated, and I was responsible for the justice system at that time. We struggled with it then and we struggle with it today. I commend the debate and the very substantial arguments that have been made on both sides. I am struggling to know which way to vote on Amendment 182. My instincts are to vote with the Government but to require an answer to the question that the noble Baroness has just put. It is made more difficult now, in 2016 and going into 2017, than it was 14 years ago. The reason for that is social media.

I take the point very strongly that the arrest is part of the process. Arrest prior to charge is extraordinarily difficult to deal with, if someone’s name is out on social media but they then cannot make statements that can be reported in the mainstream press, to actually indicate at least some side of the story that they are intent on putting. With the best intentions, we may take the wrong decision—as usual, for the right reasons—and end up with people who we seek to protect not being able, in the present era of social media, to protect themselves. I look forward to the Minister pulling together the very difficult arguments at the end of this debate.