Anonymity (Arrested Persons) Bill

Peter Bottomley Excerpts

Friday 4th February 2011 Commons Chamber

[Anna Soubry (Broxtowe) (Con)]

I beg to move, That the Bill be now read a Second time.

I am grateful, Mr Speaker, for the opportunity, which arose as a result of my being drawn in the ballot for private Members’ Bills, to introduce the Bill in the House. It is important that I begin by explaining where the Bill comes from and what I seek to achieve, because I hope to cure a real mischief. Hon. Members will recall what happened last summer, and I am not keen to rekindle that debate. The coalition Government proposed that anonymity be given to people when they were arrested and subsequently charged with the offence of rape. There was much debate; many of us did not think that it was a good idea and, in various ways, we made it clear that such a change in law was not required.

We made representations both in private and in public, and it is very much to the credit of the Government and of the Under-Secretary of State for Justice, my hon. Friend the Member for Reigate (Mr Blunt), that there was a change of heart. I say that, because I know that he had a long-held belief born quite properly out of a constituent’s case with which he had dealt many years ago, and which had stayed with him. I hope all hon. Members would wish to act when they come across something that they think is wrong, and we have the great benefit of having a place in the Chamber and a process that we can use to succeed in righting a wrong. I should like to play a part in righting what I believe is a serious wrong.

The Bill comes from that debate. Many of us, even though we did not necessarily support the coalition’s proposals, felt that we could all come together and agree that there was a serious problem that had evolved over the years and that needed to be solved. In the past, the press did not publish the name and address of someone when they were arrested, but waited until they were charged to do so. Over the past few years, that has all changed. The press not only publish the name and address of someone when they have been arrested but they give more details. As we have recently seen with events in Bristol, it has reached the stage where many of us believe it has got to stop. A great wrong is being done, and it is time that it was righted. That is what I seek to do—to stop this sort of reporting.

[Sir Peter Bottomley (Worthing West) (Con)]

The problem with publicity arrangements when someone has been arrested is that the media can refer to all kinds of detail that they are not allowed to refer to once a charge is brought. Is my hon. Friend trying to fill that gap?

[Anna Soubry]

My hon. Friend is quite right—that is exactly what I am trying to do. I do not want to turn this into a debate about press freedom, because it is not as simple as that.

I should like to explain where I am coming from—a dreadful modern expression, but it is an accurate description. About 30 years ago, I first became involved in student politics—you may remember those times, Mr Speaker. I was a student reading law—you were probably at kindergarten—and I became involved in student politics. I then trained to become a barrister. Student politics, rather bizarrely, took me to Scotland, because I won an election. I blame not just the good students of Stirling university for that but my hon. Friend the Member for Finchley and Golders Green (Mike Freer)—we, too, go back many years. I ended up as the honorary president of Stirling university, and I was in need of a job.

It had always been my intention and ambition to work in the broadcast media, for reasons that I do not need to divulge to the House. The only good advice that I ever got about how to achieve my ambition was to start on a local newspaper and learn my trade as a journalist. I did that. I worked for a year on a newspaper called the Alloa and Hillfoots Advertiser and Journal. It was a great publication. It employed at least two reporters, and I was one of them. I covered everything, from the fortunes of Alloa Athletic right through to the editing of the pigeon club—one of my greatest moments in journalism. In all seriousness, I honed a trade there. I learned a great deal. At that time we never published the name and address of anybody who was arrested, because a convention existed.

In due course I was lucky enough to go into television. I worked in television for many, many years, not just as a presenter, but as a reporter. I have always been very proud of my membership of the National Union of Journalists. I was shop steward. That does not make me a good journalist, but I hope it explains where I am coming from, and I do not want my remarks to be seen as an attack on all the people with whom I had the great honour to work and whose skills I still admire.

If we look at what is happening in Egypt, we know that it is because of the courage of the media there that not just all of us know what is going on there, but most importantly, the people of that country, notwithstanding the oppression in place, know what is happening. We sometimes forget the invaluable work that the media do, and how brave and courageous many reporters are, especially in such situations. I am keen to emphasise that this is not an attack on the media, but it is a serious criticism of the antics that have prevailed for too long among certain sections of the media. That is what the Bill seeks to address.

I mentioned events in Bristol. Let me make it clear that I do not intend to name anybody, and I am sure that hon. Members will also be keen not to name anybody, save for this: I do not think there is anybody who is not aware of the publicity and media coverage that was given to the first man who was arrested following the murder of Joanna Yeates. It is right and fair to say that everybody with any sense of decency and sensibility has accepted that the coverage of that individual was, if not outrageous, as I believe it was, certainly unacceptable and plain wrong. It is as if we had forgotten that one is innocent in this land until proven guilty. Unfortunately, it is not the first time that that has happened, but it is the most extreme case that we have seen.

Everyone tends to forget that on being arrested, a person suffers the trauma of the arrest. It is difficult to imagine a worse accusation than to be accused of taking somebody’s life, raping someone or doing something horrible to a child. There is the trauma of the process and the nature of the allegation, and on top of that, the person’s name and address appear in the local paper. If it is a high-profile case, they appear in the national papers.

--- Later in debate ---

[Anna Soubry]

I thank, I think, my hon. Friend for that intervention, although it is the sort of intervention that is not terrifically helpful, in that unfortunately I do not know the answer and I will not pretend that I do. But I do know that throughout the United Kingdom the convention used to be not to report the name and address of someone when they were arrested. When they were charged, it was completely different.

To return to the point made by my hon. Friend the Member for Loughborough (Nicky Morgan), because people who committed offences, especially in their local community, were dealt with in the magistrates court where there was a reporter from the local press, upon conviction or a guilty plea, their name would be publicised locally. People would know that Bloggs down the road had had his hand in the till, or that Mrs Somebody had smashed the bus shelter. It was almost part of the punishment that people’s names would be in the local paper and that neighbours would know who had committed a criminal offence. It is a great shame that, for perfectly understandable reasons, so many of our newspapers now simply do not have the reporters to cover such cases. There is also a very good argument that they are missing a lot of good cases that they should be covering for reasons that I have explained, and also because they provide good copy.

The other reason why our newspapers and television networks are suffering a decline in circulation and are engaged in a war of ratings is the internet. All hon. Members, especially those of us who are new to this place and fought in marginal seats, are more than aware of the great power of the internet, Facebook, Twitter—truly not my bag; I leave that to people considerably younger than I am. But we are all urged to have our websites and update them regularly, and to send out our e-mail newsletters. We recognise the fantastic benefit that the internet has given to society, but there is a downside. With all good things, there is always a downside. The downside of the internet is that there is an abundance of information; as I have said, for false slurs can stay on the internet in perpetuity. The internet is a genuine alternative for sources of information, including news, to newspapers and television. I have a great deal of sympathy for newspapers that put a lot of their news on their website, which is free.

I have to make this point, because it is important. To their credit, by challenging effectively the financing of the BBC, the coalition Government are asking whether it is fair that its website is completely free to view. The BBC website is an outstanding source of news, but it means that newspapers in particular, as well as other broadcasting companies, operate their websites with one hand tied behind their back, because they do not have the advantages that the BBC has through the licence fee and the other freedoms that it enjoys which allow it to produce such an excellent website.

[Sir Peter Bottomley]

I clear my throat by saying that I do not agree with what appears to be a suggestion that the BBC should not be excellent in producing its website. Could the convention that my hon. Friend grew up with be reintroduced, and would it be possible for the Press Complaints Commission to agree to what she is going for, or do we really need this legislation?

[Anna Soubry]

I was going to deal with precisely that point. I would much prefer the profession that I was once a member of to self-regulate in the way that it used to. I am grateful that a member of the PCC contacted me to talk about the code of conduct. I think that in 2003 there was much consideration of a change to the code of conduct following the arrest, under the Terrorism Act 2000, of various people, I think in Birmingham. Unfortunately, that never resulted in anything. With respect to those whom I used to work with, and the profession that I am proud to have once been a member of, I am afraid that we have gone way beyond self-regulation.

I wish that the media would regulate themselves. To be blunt, I wish that people would not buy the newspapers or watch the television news programmes that they then condemn for the type of coverage given to the first man arrested in the Bristol case, but unfortunately that will not happen. We could just wait for common sense to prevail and for the previous convention to be returned to, but my fear is that other people will suffer in the meantime in the way that he has suffered. That is why I believe that it behoves this place to look at how we can improve the law to ensure that this mischief is cured once and for all.

I might have to explain, although perhaps not to everyone in this place, why it is wrong for people who are arrested to have their names published in the newspapers. A slur is placed on them, because the attitude that there is no smoke without fire always prevails. At this juncture, I should explain that the police must have reasonable suspicion before arresting someone, but there is a good argument that they are perhaps a little too keen to secure an arrest. Members may remember the expression, which was used in newspapers and on television and the radio, that a man of such and such an age was “assisting the police with their inquiries”. There now seems to be more of a tendency in those circumstances for the police to arrest someone to secure their attendance at the police station and ensure that the provisions of the Police and Criminal Evidence Act 1984 are abided by, because being an arrested person gives that individual certain rights once they are in the police station. The police need only a reasonable suspicion to arrest someone.

However, individuals are charged only when there is at least a prima facie case, and charging normally comes towards the end of an investigation when all the evidence has been gathered and considered. In serious cases, the charging decision is shared with the Crown Prosecution Service, sometimes with leading counsel brought in so that the right charge is decided upon. The CPS and the police will have gone through various tests to decide, for instance, whether it is in the public interest to charge an individual, whether there is a reasonable chance of conviction and so on. By the time they come to charge the individual, therefore, they are a long way down the track in an investigation, and hopefully closer to securing the right person to be placed in the dock, because once someone is charged, they are very swiftly in court.