Anonymity (Arrested Persons) Bill [HL]

Lord Kennedy of Southwark Excerpts

2nd reading (Hansard): House of Lords
Friday 1st March 2019 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, with his Private Member’s Bill the noble Lord, Lord Paddick, brings before the House a very important issue that has in recent years come much more to the forefront of public debate.

The experiences of those accused but not charged of sexual offences, or charged but subsequently acquitted, has exposed the intensity of media scrutiny for alleged sexual offences. That leads to damage to private lives, reputations and the very important right to be presumed innocent, which we should all cherish. Complainants in sexual offence cases are, as we have heard, assured of lifetime anonymity. There is no protection available to defendants. As noble Lords will know, the principle of anonymity in sexual offences was introduced in the Heilbron report of 1975, which proposed lifetime anonymity for complainants.

We have talked in this debate about the many cases of public figures, from various different walks of life, being under intense public scrutiny. The damage and devastation that can be caused to private life by media scrutiny has been starkly set out. We have heard of prominent cases, including those of Sir Cliff Richard and Paul Gambaccini, but, as we have also heard, this is an issue for those not in the public eye—ordinary citizens who find themselves accused of certain matters. We should all be concerned that, if people are accused, they should be thought of as innocent until proven guilty. However, I very much accept the point that unfortunately, weeks, months and years later, people will say, “That’s the person who did this”. People see it in the media and they just believe it.

I also recognise, however, that publishing a defendant’s identity, and the response to it, has encouraged victims to come forward in some cases. I think I am right to suggest that people came forward in the cases of Stuart Hall and Rolf Harris, which, in the end, enabled those two men to be brought to justice for their crimes.

Noble Lords may not remember but there was also the SNP MSP Bill Walker, who was convicted of domestic abuse. He was elected to the Scottish Parliament in 2011, convicted in 2013, went to prison and had to resign his seat. Again, as a result of the initial publicity, many other people came forward. I think his first wife told the court that she had to wear concealer to cover a black eye on their wedding day. It was appalling. When one person came forward in that case, so did a number of other women with whom he had been involved, so it was important.

If these cases did not receive a lot of publicity, that would not happen. Publicity causes other victims to come forward. Noble Lords have mentioned the Worboys case. I think 85 victims came forward when his identity became known. Again, that was very important—the scale of the man’s crimes was brought into perspective.

Even when someone is not officially publicly identified, there is now the whole issue of the internet. It is a kind of Wild West, and we have often debated how we will control it. I know that the Government’s White Paper on internet safety is coming out shortly, but it is a huge issue. Even when things cannot be reported, stories fly around the internet, and how we will deal with that is an issue.

I have concerns, however, about how information is released. I mentioned Cliff Richard previously. I think I am right in recalling that there was a BBC helicopter flying outside his house. That is totally outrageous. Somebody somewhere—I assume from the police—told the BBC, “We’re going to raid this celebrity’s house and you might want to come along”, and the BBC said, “This is so big that we’ll get a helicopter up there”. That is totally unacceptable.

There are issues that we need to reflect on further, including how this should be handled in the future. Some publicity is useful, as I outlined earlier, but these matters need to be handled properly. The noble Lord, Lord Paddick, mentioned the College of Policing guidelines. He will know them much better than I do, but it is a question of the police—these are operational matters—and the media acting responsibly. Clearly that has not always been the case, so these things should be properly codified and agreed.

[Lord Marks of Henley-on-Thames]

The noble Lord talked about the Cliff Richard case and he is right: it was a BBC helicopter. As we have heard, Cliff Richard was able to bring a case, at great expense, and he secured an award. However, even with that course of action, does one not feel that many people now have at the back of their minds the idea that there is something wrong about Cliff Richard? His reputation has suffered even though he was able to bring proceedings. The vast majority of people do not have the opportunity to bring proceedings. It is all very well to say that the press should behave responsibly—of course the media should behave responsibly. But does the noble Lord not agree that there is no way of codifying that without us in Parliament doing it for them?

[Lord Kennedy of Southwark]

I was going to come on to that point. Essentially, my next point is that I agree entirely that unfortunately, in the court of public opinion, people’s reputations are often trashed and damaged. That is one reason why it is so regrettable that we will not move on to the second phase of the Leveson inquiry, which was going to look at some of the issues here. The Government have decided that they do not want to do that. I accept the point that people can be damaged very much by these issues.

In conclusion, I assume that because of where we are in the parliamentary cycle, the Bill will not make much more progress. However, it has highlighted an important issue: the situation is not right at the present time. I cannot see the Bill progressing much further, but I hope the Minister will be able to respond to the general points raised in the debate.

--- Later in debate ---

[Baroness Williams of Trafford]

I completely acknowledge that point. I am just trying to give the context of everything that has been discussed in the debate.

The rationale for naming an arrested person before charge should be authorised by a chief officer and the Crown Prosecution Service should be consulted. Noble Lords, particularly the noble Lord, Lord Paddick, will know that in May 2018, the College of Policing updated this guidance to make clear that it also applies where allegations are made against deceased persons.

The Bill would replace this administrative system with a requirement for the chief constable to apply to a Crown Court judge for a direction that reporting restrictions be lifted. This risks adding potentially dangerous delay in fast-moving investigations as well as placing additional burdens on our courts.

It is not clear that this is necessary. On the contrary, the existing arrangements for the police seem to strike a sensible balance. To test whether these changes have had the desired effect, the previous Home Secretary asked Her Majesty’s Chief Inspector of Constabulary and Fire & Rescue Services to carry out a short, targeted review of police adherence to the guidance on media relations, looking in particular at pre-charge anonymity. The inspectorate is undertaking a scoping study this financial year to consider where inspection activity might best be focused.

I recognise, of course, that the guidance on the police releasing suspects’ names does not address the separate concern about the media publishing suspects’ names, which the media may find from other sources, but the media has its own framework for guiding its behaviour. Ofcom’s broadcasting code places detailed requirements on broadcasters to ensure that news, in whatever form, is reported with due accuracy and presented with due impartiality. Robust powers are available to enforce adherence to the code. Statutory sanctions include levelling a fine and, in serious cases, revoking a broadcaster’s licence to broadcast.

For the press, there now exists a strengthened, independent, self-regulatory system. The majority of traditional publishers—including 95% of national newspapers by circulation—are members of IPSO. A small number of publishers have joined Impress, while others, including the Financial Times and the Guardian, have chosen to stay outside either self-regulator with their own detailed self-regulatory arrangements.

IPSO’s editors’ code puts in place robust requirements of accuracy and privacy.

[Lord Kennedy of Southwark]

I think I am correct in saying that IPSO does not meet the standards set by the regulator.

[Baroness Williams of Trafford]

The noble Lord may be correct but I will confirm that in writing.

[Lord Kennedy of Southwark]

I think the Minister is correct, but my point is that I do not see how it can be a robust regulator if it does not meet the standards set by the regulator.

[Baroness Williams of Trafford]

I thank the noble Lord for that point. IPSO requires that any significant inaccuracy or misleading statement be corrected promptly and with due prominence—that is important—and, where appropriate, an apology published. If an individual is unhappy with their treatment by the press, the availability of a compulsory low-cost arbitration service from both IPSO and Impress, which can be used for privacy actions against member publications, can provide easier recourse to justice than going through the courts. The noble Lord, Lord Marks, talked about the Cliff Richard case. Of course, following that, the BBC asked the Government to consider the merits of conducting the review I just talked about to see whether any further action is needed in this area.

I conclude by saying that the Government have considered the Bill carefully and are sympathetic to its aims. There are precedents for placing restrictions on the freedom of the press to report the identities of, for example, victims of sexual offences, but restricting press freedom is a serious matter and we are not yet persuaded that legislating in this instance would be a necessary or proportionate response to the perceived problem. It would certainly be premature to take action ahead of the HMICFRS review, which I hope will enhance our understanding of policing practice in this area. We recognise the importance of debating these issues and we will keep the position under review.