Competition Appeal Tribunal (Coronavirus) (Recording and Broadcasting) Order 2020

Lord Wei Excerpts

Wednesday 15th July 2020 Lords Chamber

[Lord Wei (Con) [V]]

My Lords, I declare my interests as set out in the register. It is hard to argue against this measure. It makes sense to widen access to the courts in this way, particularly at a time when we have a huge backlog of cases across the board.

However, there are a number of issues that we need to think about. The problem with a crisis such as the one we are in is that the measures we adopt in an emergency become longer-term without the usual process of thinking through how we use video and such measures in our courts generally, as well as in these kinds of cases specifically. I raised in a previous debate issues relating to terrorism and video. I would like to hear from my noble friend the Minister how the use of data from feeds will be governed and what ethical frameworks are in place both in this context as well as more generally in an age where one could take the data from courts and train AI based on the outcomes of those cases to spot who is guilty and who is not just from facial movements, which might ultimately deny fair trials and access to natural justice if a future Government decided to use that data. It is important that we know what we are getting ourselves into as we widen the use of this technology in these environments.

I have heard reports about people who are vulnerable who are caught up in cases, particularly in more serious criminal cases, where violence or intimidation is involved. They may struggle to use video in order to operate well in court. Often, facial expressions from their lawyers can provide reassurance. A lot of the things that are not possible in a Zoom format meeting—as we all know—are crucial to enabling somebody to handle emotionally the unfamiliar environment of a court. Whistleblowers and others may be vulnerable in such cases. They may find themselves very alone and very nervous as they give their testimony. I would like to hear from the Minister what safeguards are in place to counterbalance the lack of that reassurance and emotional, social contact in such situations. Will cases where there is a risk of this be given priority over those which are more straightforward and where the performance of somebody testifying over video with a lack of support around them is less important?

It is wise to move forward with this measure, but it would be unwise to leave unanswered these questions and others that have been raised in this debate just because we are in the middle of an emergency.