Policing and Crime Bill

Lord Morris of Aberavon Excerpts

Report: 3rd sitting (Hansard): House of Lords
Monday 12th December 2016 Lords Chamber

[Lord Morris of Aberavon (Lab)]

My Lords, I support Amendment 182 and am grateful to the noble Lord, Lord Marlesford, for moving it. Having spent over 50 years as a criminal lawyer, interspersed with ministerial office, I hope I have some knowledge of how the criminal law operates and of how the police operate too. I fully understand the concern that my Front Bench may express that it is important to send a strong message to potential and current victims. Of course that is important, but it is also important that a strong message goes from this House that we are concerned that justice is seen to be done to all, which is equally important. That was always a guiding light when, as attorney, I had to take decisions of this kind. The presumption was that every person is innocent until he is proved guilty. I venture to suggest that my experience in this field may not be unhelpful, as a prosecuting and defending practitioner, as a Crown Court recorder for more than 20 years and as Attorney-General, when I had to take personal decisions to prosecute and to ensure the balance was right and give appropriate instructions to those who actually prosecuted.

We have heard the expression this afternoon, “No smoke without fire”. It is an old adage. Cases in recent years have been totally unacceptable. The picture of the police superintendent standing outside the house of Sir Edward Heath and inviting persons to come forward reminded me of what might have happened in Nazi Germany. Leon Brittan did not know at all, and his family did not know until he was dead, that he had been exonerated. Lord Bramall, in very difficult circumstances, had every part of his house searched; Sir Cliff Richard, likewise. I would like to know in detail exactly the operational reasons for disclosure. Should they not be spelled out and should they not be supervised by someone? Why should they be the decision of any police officer who would like to disclose a name rather than having this supervised by a court?

Frequently we hear reports in the press that a white or black, middle-aged man has been arrested in south London, and in the usual kind of case that is more than adequate. I remember when Denis Healey, my former boss, was breathalysed on the way out of this House after attending a dinner. It was in every newspaper the following morning. Why was that? Did any money change hands for the disclosure of that suspected offence? Of course it took two or three weeks for him to be fully exonerated. This is what happens in real life, and I have often wondered, as a practitioner, why it is the same kind of solicitors that turn up at a particular station when somebody important or in the public eye is arrested. I wonder why. It needs investigation, clarification and supervision. I have tried to get the Law Commission to consider this problem. We should have all the arguments on both sides looked at properly, and those of us who are anxious would know what is the better solution. Because there is controversy in this House, its attitude and the attitude of Her Majesty’s Government is that they will not investigate. The problem will not go away. It offends my sense of justice to have anyone in the public eye given all this publicity when eventually it turns out that there is nothing in it. Any one of us might be put in this position, and people would come out of the woodwork to make allegations, as they tend to do.

Of course, if it is of help that a name is published, let us have it supervised by a judge. That is the basic control that is required. As the noble Lord, Lord Lamont, indicated earlier, if people are to be encouraged to come forward, why do they not come forward after a charge has been made? After a charge, everyone would know that a particular person is going to go before a court. Why should it be at the moment of arrest, when the evidence is only one-10th complete at that stage in many cases? I support the amendment.

--- Later in debate ---

[Baroness Williams of Trafford]

I was just about to say—I do not know whether the noble Lord will be satisfied by it—that the College of Policing is currently developing authorised professional practice on media relations, and its guidance makes it clear that decisions should be made only on a case-by-case basis when it comes to the releasing of names. I am not sure that I have satisfied noble Lords but I have tried to explain how we have tried to achieve balance in the protection of anonymity for persons who are accused pre-charge.

[Lord Morris of Aberavon]

I wonder whether the Minister is going to deal with this difficult issue with its complicated argument by referring it to the Law Commission so we can have an independent view that may not be forthcoming from the College of Policing.

[Baroness Williams of Trafford]

I think that I have explained that the Government feel that we currently have the balance right and that we should preserve that presumption of anonymity—so I will not be doing what the noble and learned Lord suggests. I hope that my noble friend will withdraw his amendment and that the noble Lord, Lord Paddick, will not press his.