Anonymity (Arrested Persons) Bill

Part of the debate – in the House of Commons at 11:12 am on 4 February 2011.

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Photo of David Nuttall David Nuttall Conservative, Bury North 11:12, 4 February 2011

I congratulate my hon. Friend Anna Soubry on her success in the ballot for private Member's Bills and on securing the right to bring the important matter addressed by her Bill before the House this morning. Let me also remind Members that I have an interest to declare, as a solicitor and notary public, although I am non-practising and have not practised in criminal law. This debate deals with matters that I have not previously been engaged with.

Let me pick up one or two matters mentioned by earlier speakers. My hon. Friend seemed almost to be suggesting that the Bill should amend the Contempt of Court Act 1981. I can well see from the arguments that have been brought out this morning that there is perhaps a good case for doing that, although that is not what we are being asked to consider this morning. What we are being asked to consider is the Anonymity (Arrested Persons) Bill. However, the whole problem is that the people concerned are not anonymous. We know exactly who they are-or some people do. The difficulty is this: how we do, as a legislature, try to control what other people gossip about? I hope to set out some reasons why I think this will be a very difficult task, indeed, if not nigh impossible.

In reply to an intervention, my hon. Friend Mr Buckland-who I see is just leaving the Chamber-was drawn into considering the respective strengths and merits of newspaper reports, as compared with the believability of internet reports. As the years progress, it seems to me that there is increasing parity between the two. Indeed, I submit that what often tends to happen is that something will immediately be released electronically and disseminated on the internet, and then the next day-or perhaps a day or two later-it will be picked up by the mainstream media and the printed newspapers. It does not seem sensible to suggest that the initial disclosure of that information-in this context the name, address and details of an accused person-is any less likely to be believed because it is read on the internet than it is because it is read in a newspaper a few days later, because ultimately that information may have come from the same source.

There can be no doubt that, if passed, this Bill will have an important and wide-ranging impact on the lives of those accused of committing criminal offences. It will also have a substantial impact on the media and, in particular, their crime reporters, one of whom, in a previous life, was my hon. Friend the Member for Broxtowe-