(7 years, 8 months ago)
Lords ChamberThe noble Lord, Lord Paddick, said that the definition of prohibited material had become somewhat “suspect”—I think that was his word. Why is that? Is it a legal definition and why has it become suspect?
The reason is that the CPS decides whether to prosecute on offences as it sees them. It has guidance, which has been around for some time. The fact is—and some noble Lords may not agree with this—that views have changed and the CPS does not always prosecute in line with its own guidance.
I start by acknowledging that Chris Langridge and Marcus Ellis did a fantastic job in winning a medal at the Olympics, and deserve a lot of credit. The problem is, first, that this is a matter for UK Sport; and, secondly, that it is not right that Ministers should be involved when the appeals process is still going on. The next stage of the appeals process is going on today and there is yet another stage that badminton can go on to. One reason that those athletes did so well was the potential for winning medals in badminton: since it has been an Olympic sport, Britain has won three medals, China has won 41 and Korea and Indonesia 19 each. So UK Sport took this very difficult decision on that basis purely of the ability and likelihood of winning medals.
My Lords, can the Minister say whether UK Sport is obliged to give reasons for its decisions, and how the appeals process works?
My Lords, first, UK Sport deals with the national governing body of the sport before the decisions are made—so there is a lot of consultation with the individual sport. These decisions, therefore, do not come as a surprise—or at least they should not. With regard to the appeals process, the sport can make a presentation to the board of UK Sport; that is taking place for several sports—eight, I believe—today and tomorrow. If that does not go the way that the sport wants, it can go to a three-man independent board of Sport Resolutions.
My Lords, I have to acknowledge the noble Lord’s persistence in this matter. I think he will appreciate that it is a complex one. We recognise that there is a difficult balance to strike between the operational advantages of naming suspects in some criminal investigations and respecting suspects’ right to privacy. As my noble friend Lord Faulks said in answer to the noble Lord last month, Parliament itself has changed its mind on this issue. The Government’s position is that although in general there should be a right to anonymity before the point of charge, there will be circumstances in which the public interest means that an arrested suspect should be named. The College of Policing guidance is that the police should not routinely release information about suspects before charge and that the decision to do so should be made on a case-by-case basis by a chief officer, and only when the circumstances justify it. Notwithstanding that, and bearing in mind what the noble Lord said about human rights and justice, the former High Court judge Sir Richard Henriques has been commissioned to examine the way in which recent cases involving non-recent sexual allegations have been conducted, and to report to the commissioner.
To what extent do specific allegations have to be made before a large-scale investigation of someone’s documents is initiated?
I am afraid I do not know the answer to that. I will have to write to my noble and learned friend.