Anonymity (Arrested Persons) Bill

Part of the debate – in the House of Commons at 11:57 am on 4 February 2011.

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Photo of Rob Flello Rob Flello Shadow Minister (Justice) 11:57, 4 February 2011

Although the Bill is mainly of concern to the Ministry of Justice, much of the day-to-day regulation of what we see on our screens and in our newspapers is done by the DCMS. There is a strong argument that were Ofcom or, heaven forbid, the Press Complaints Commission to take a more proactive approach to such issues, perhaps citing the Contempt of Court Act where necessary, we might not have to make a law such as this. That would warrant further investigation were the Bill to pass to Committee stage.

Although at face value it appears simple to change the law, a multitude of issues complicate the matter and turn it into a difficult question that affects a huge number of areas. We must balance the view that the most important thing is that justice is seen to be done with the view that we must ensure that everything possible is done to ensure that justice can be done. We must balance the idea that the press should be free to report as they see fit with the fact that an individual should be considered innocent until proven guilty and has a right to be able to continue with their life unmolested if police inquiries prove that they are not linked to the crime and no charges are made. We must also consider the fact that although we might not like the way in which the media have reported some of the more high-profile cases in recent years, there are also many examples of their having made a huge contribution to justice being done and criminals being brought to justice.

The Bill addresses a crucial problem and a particularly unsavoury aspect of the way in which crime is reported in our press. However, I feel that as it stands, it does not address the problem as thoroughly as I would like, and it would certainly need significantly more work to become a successful law. Ideally, I should like the themes of the Bill to be incorporated into a wider Bill that also addressed a number of other points on the subject. I say to the Minister that perhaps that should be considered as part of the forthcoming libel and defamation Bill.

If the Bill receives its Second Reading today, I hope it will receive more detailed scrutiny in Committee, and I hope that we will ultimately be left with a Bill that satisfies and respects the rights of the victim, the accused and our law enforcement bodies alike.