(12 years, 1 month ago)
Commons Chamber5. What changes he expects following the publication of the Director of Public Prosecution’s final guidelines for prosecutors in cases involving the media.
The guidelines issued on 13 September by the DPP should ensure a more consistent approach by prosecutors and provide transparency to the public over how such cases are handled.
Weighing the competing elements of public interest and criminality in this area of the media will always be a nuanced matter. Is my right hon. and learned Friend confident that the new guidelines bring greater clarity to prosecutors and will lead to increased robustness in decision making?
Yes, I am. As my hon. Friend will be aware, the guidelines arose from a response by the DPP to the Leveson inquiry and from evidence he gave before it. Essentially, the guidelines encapsulate in a transparent fashion the practice of the CPS in this area. I therefore have every confidence that they provide, and will continue to provide, a robust application of the law. There is no special law for journalists in this context, but there are public interest considerations which, as the DPP has shown in the guidelines, will be taken into account.
(13 years ago)
Commons ChamberAs the Minister responsible for conduct of litigation before the European Court of Human Rights, I have been involved in the discussions on the United Kingdom’s priorities for the chairmanship, which the Minister for Europe announced to the House on 26 October.
But does my right hon. and learned Friend agree that, despite the adoption of protocol 14, with 150,000 cases still outstanding at the ECHR, equating to a backlog lasting 40 years, further reform of the system of application is clearly needed, particularly with regard to the right of individual petition?
My hon. Friend is absolutely right that the backlog is now nearly 160,000 cases. It results in long delays for applicants, including many victims of serious violations, and effectively threatens to deny them access to justice. The Government are determined to try during our chairmanship to secure agreement to a set of efficiency measures that will help the Court deal with the backlog. In particular, we want to develop practical measures to strengthen subsidiarity. Primary responsibility for implementing the convention falls on national authorities in the Council of Europe’s member states, and the Court’s role should properly be to act as a safeguard for cases where a national authority fails to implement the convention properly. I think that that can be done without removing the right of individual petition, which is an important safeguard in countries that are members of the Council but where the human rights record is not good.