Justice: Pre-trial Publicity

Debate between Lord Morris of Aberavon and Lord McNally

Wednesday 14th December 2011 Lords Chamber

[Lord McNally]

My Lords, my noble friend’s idea is an interesting one. I understand—just a thought—that an editor has not been sent to prison for contempt since 1948. The Attorney-General, who has been alive to this matter, said in a lecture at City University on 1 December that, in his opinion, the press has been pushing at the boundaries and in a sense has subtly been seeking guidance on what is acceptable. I hope that the Attorney-General’s action has given it suitable guidance that we take this matter very seriously.

[Lord Morris of Aberavon]

My Lords, while I am confident that the Attorney-General will keep a watchful eye on this issue and commence proceedings, as he has indicated, where necessary—as I had to do two or three times—I also wonder whether standards have deteriorated. Have there been discussions—should there be discussions—with the press generally to try to avoid prejudice long before contempt proceedings have to be contemplated?

[Lord McNally]

My Lords, I agree with the noble and learned former Attorney-General. At the City University lecture to which I referred, the Attorney-General said that it appeared to him that,

“the press had lost any sense of internal constraint and felt able, indeed entitled, to print what they wished, shielded by the right of ‘freedom of expression’ without any of the concomitant responsibilities”.

We are indeed making it clear to newspapers that the law exists in this area. As he has already demonstrated, the Attorney-General is willing to follow the example of his predecessor and take action under that law.

Justice: Judicial Appointments

Debate between Lord Morris of Aberavon and Lord McNally

Thursday 17th March 2011 Lords Chamber

[Lord McNally]

I most certainly agree with the noble Baroness and I pay tribute to her contribution to making the Judicial Appointments Commission so valuable. I recently met the new chairman, Mr Christopher Stephens. As well as many other attributes, he is the son of a former Clerk of the Parliaments, which should reassure this House.

[Lord Morris of Aberavon]

My Lords, while giving every welcome to the much needed improvements in diversity over recent years, will the Minister ensure that, in the pursuit of these very proper and important aims, quality and merit will never be sacrificed by those who are responsible for appointments? Further, does the Minister agree that all these aims, including quality and merit, should apply to those who are responsible for the appointment of Queen’s Counsel as well?

[Lord McNally]

I hear what the noble and learned Lord said. I can only say that 30 years ago when I was in government in the Foreign Office, women advisers were a rarity at any meeting. Returning to government 30 years later, I quite often sit in meetings where the majority of my advisers are able and talented women. I wonder why the legal profession has not made the same progress in the past 30 years as has been made in public appointments. I suspect that, perhaps not intentionally, the idea of quality and suitability is embedded in the thought “people like us”.