Anonymity (Arrested Persons) Bill

Debate between James Morris and David Nuttall

Friday 4th February 2011 Commons Chamber

[Mr Nuttall]

My hon. Friend makes a valid point. I submit that the reporting in that case fell foul of the Contempt of Court Act. As I said earlier, this raises the question of whether these matters would be better dealt with by an amendment to that Act. Such an amendment, combined with a strengthened code of practice enforced by the Press Complaints Commission, could be the way to address what we all accept is a genuine problem.

Every year, thousands of cases would be affected by this proposed change in the law, and, as with any law that we pass, it is imperative that we should get it absolutely right for the sake of everyone who would be affected by it. The basic tenet of English law that everyone is presumed innocent until they either plead guilty or are found guilty in a court of law is one of the cornerstones of our criminal justice system. I suspect that few, if any, people would dispute the sense of that basic principle. It is perfectly sensible that the Bill should seek to protect any innocent individual who runs the risk of having their character blackened, possibly for the rest of their life, merely as a result of having been arrested by the police. That arrest could well have come about as a result of the malice of someone who was entirely ill-intentioned, and the arrested person could be entirely innocent of having committed any crime.

My concerns about the Bill lie not so much in the principle behind it or in the fact that it seeks to put right an area of the law that is clearly wrong; they lie in the problem of enforceability. My first question is: why should there be a change in the law now, when we have managed without one for centuries? The answer lies in the development of the media. I am not just talking about the printed media—sometimes rather unfairly referred to these days as the “dead wood” or “dead tree” media—or the radio and television; we are now in the age of the internet and the social media.

In the past, it was relatively easy to monitor the media, and I suspect that the media were rather more deferential in their reporting of the private lives of individuals. As my hon. Friend the Member for Broxtowe has said, in the past, the reporting simply of a name and address would have been sufficient for many newspapers. Nowadays, we have the 24-hour rolling news service on radio and television that we all enjoy, although I am not sure that many politicians would use the word “enjoy” in connection with the demands of those news media. There is now an insatiable desire for more facts, of even the smallest nature, that can be released to keep the whole show on the road.

[James Morris (Halesowen and Rowley Regis) (Con)]

Is my hon. Friend saying that we should not seek to update the law to reflect those momentous changes in the way in which information circulates on social networking sites? Does he think that we should just abnegate responsibility for the content of the internet, saying, “Well, actually, the law can’t deal with this, so we should not seek to update it to protect the interests of the public”?

[Mr Nuttall]

My hon. Friend raises a crucial point. The difficulty that I have with the Bill is that I am not sure how enforceable it would be. I am not suggesting for a moment that we should not attempt to deal with the problem merely because it is difficult. However, because of the nature of the internet, it might not be possible for us sensibly to enforce the law in any meaningful way. The fact that the media in all their forms—particularly, in this context, the electronic media—publish the identity of an accused person has led to the Bill being brought to the House today. That is also what gives rise to one of the Bill’s potential flaws.