Deceased Individuals: Allegations

Lord Lexden Excerpts

Monday 22nd January 2018 Lords Chamber

Asked by

[Lord Lexden]

To ask Her Majesty’s Government whether they intend to review the law governing the naming of deceased individuals against whom criminal allegations have been made.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, any decision to name an individual where that is considered to be in the public interest will necessarily be specific to the circumstances of an individual case. Accordingly, the Government do not have plans to review the law in relation to this matter.

--- Later in debate ---

[Lord Lexden (Con)]

I urge my noble friend to study a recent report by the noble Lord, Lord Carlile of Berriew, into the way in which a group within the Church of England investigated a single uncorroborated allegation of child sex abuse against one of the greatest of all Anglican bishops and a prominent Member of your Lordships’ House, George Bell, who died 60 years ago. While the noble Lord was precluded from reviewing the Church’s decision to condemn Bishop Bell, it is clear from his report that the case against that truly remarkable man has not been proved, to the consternation of a number of Members of this House including my noble friend Lord Cormack. I ask my noble friend to consider the recommendation from the noble Lord, Lord Carlile, that,

“alleged perpetrators, living or dead, should not be identified publicly unless or until the Core Group has (a) made adverse findings of fact, and (b) it has also been decided that making the identity public is required in the public interest”.

Should there not be a legal requirement in all cases to ensure that that is met before anyone, alive or dead, is named publicly? Does my noble friend agree that institutions of both Church and state must uphold the cardinal principle that an individual is innocent until proved guilty?

[Baroness Williams of Trafford]

I thank my noble friend for that question. I am aware of the report by the noble Lord, Lord Carlile, and the recommendations that it makes. The report itself was commissioned by the Church of England and the recommendations within it are for the Church, so it would not be appropriate for me to comment. However, as my noble friend says, there is a presumption of anonymity. People should not be named unless there is a legal reason for doing so. Of course the principle of innocence until proven guilty is a key tenet of English law, and it is not for me to tell the Church what to do.