Crime and Policing Bill Debate

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Department: Home Office
Baroness Cash Portrait Baroness Cash (Con)
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My Lords, I support the stand part notices tabled by the noble Lord, Lord Pannick, and supported by the noble Lord, Lord Black of Brentwood. Clauses 152 to 155 should be removed from the Bill in their entirety.

Before I begin, I want to make absolutely clear to the Committee that there is no question of whether authorised firearms officers encounter danger, because of course they do. I pay tribute to them and their families for the risks they assume in the course of their daily lives to protect us all. Nor is this about whether the court should protect individuals where there is a real and immediate risk to life or safety, because that already exists. I spent 15 years in chambers as a libel and media barrister with the noble and learned Lord, Lord Garnier, defending freedom of expression with great passion against the imposition of reporting restrictions. It is that defence that I am here to speak about today, because these clauses would see a constitutional cornerstone of our democracy overturned.

Open justice is not a concession to the media; it is about the public. It is about understanding what is going on in our criminal justice system. It protects the very sacred principle in this country of policing by consent, in which we rely on the public’s confidence and belief in transparency. It maintains confidence in the legitimacy of criminal proceedings. When, tragically—let us be realistic, it is what we are talking here—the state, represented by a fire officer, has killed or maimed someone by the use of force, open justice provides accountability to the public, and the public should have that accountability. That is why anonymity has always been exceptional. It is justified only on evidence and where strictly necessary. Even in cases of national security and terrorism, that remains the case.