Anonymity (Arrested Persons) Bill

Baroness Morgan of Cotes Excerpts

Friday 4th February 2011 Commons Chamber

[Anna Soubry]

I thank my hon. Friend for that contribution. Of course I agree. There is a long-term effect. If we go on to the internet and put in a name, as I have done, or certain key words, we find that a host of people have been in a similar situation to that of the first man who was arrested in Bristol. It has been put to me by all sorts of people—I am grateful for the information and the comments—that once something like that has happened, because of the great power of the internet, it is there almost for ever more. If we google a name or an incident, the information that comes up might go back 10 or 20 years.

The slur on somebody will remain for a very long time, even though they have never been charged, even though they have been exonerated and even though it has been accepted that there was no substance to the allegation. That means that people who put themselves into public life—television personalities come to mind, as do soccer players, even councillors, and those who have chosen a certain profession or job, such as teachers or clergymen—are highly susceptible to false allegations. There are many examples of people who have had an allegation made against them and who have then found that their name and address, the charge and more have been published both locally and nationally.

We have to ask ourselves how all this came about. There is a growing acceptance that a cult of personality exists. The rise of the celebrity has gone into territory that none of us find acceptable any more. Somebody who might have been on television suddenly finds themselves plastered all over every newspaper and magazine. Sometimes their agent or others want that, in order to advance their career. The downside is that they then become almost a free hit—fair game—for anything salacious about them to be published at any time, particularly if they have the misfortune to be arrested for something.

As a society we increasingly have a desire to pick over the intimate and salacious details of too many people. Perhaps we have an unhealthy interest in other people’s private sex lives. We also have the declining fortunes of newspapers. Why do newspapers and magazines find themselves in a position whereby they have to print almost anything in order to keep up their circulation? One reason is the 24-hour rolling news with which all hon. Members will be familiar. The simple truth is that it is sometimes a struggle to fill 24-hour rolling news, and in the endless rolling round of that news, stories are repeated, so something new, something fresh— breaking news—is needed, and everything becomes highly sensationalised and great drama is created.

A recent example was when the congresswoman was shot in that unfortunate incident in Arizona and the BBC 24-hour news service reported that she had been killed. It was wrong on that, but it was working off two reports that it claimed to have verified. I watched with care some of the following analysis and, rightly, criticism of the coverage of the story and how that happened. The BBC said that it had checked it out and done everything that it should have done in following the various procedures. But, with respect, underlying that was a real desire to have a new headline, to break some news, to put something sensational into it, to increase its ratings and keep up with the opposition given the proliferation of channels that we have seen. In many respects it can be said that the old solid principles that I was taught when I trained as a journalist have been eroded in the endless search for higher ratings and greater circulation. I do not think that 24-hour rolling news has assisted us in making our press one of the finest in the world.

We have also seen a decline in advertising. All hon. Members in the Chamber will know their local newspaper, if they still have one. Many of them are suffering quite dramatically from declining sales, for which, as I say, there are many reasons. I have a great deal of sympathy for local and regional papers in these difficult times, but I urge them to be true to the good solid principles of journalism, including not to sensationalise.

[Nicky Morgan (Loughborough) (Con)]

My local newspaper, the Loughborough Echo, has started a new column of reports from the local magistrates court about those brought up and charged with offences. That is an old-fashioned style of reporting, but it is good to read about those who have been charged with committing an offence. However, that is the right time for the public to become aware of the fact that people have committed offences. My hon. Friend is absolutely right to ask for a period of anonymity earlier in the charging process.

[Anna Soubry]

My hon. Friend makes an extremely important point. I am familiar with Loughborough Echo. For reasons that I shall not go into because they are completely irrelevant, I buy it and I read it. It is an example of a good local paper, but it is also an example of a paper that is struggling with its circulation. I am delighted that it has such a column. When I worked on the Alloa and Hillfoots Advertiser and Journal, one of the great sources of our stories was the sheriff court. As a trainee journalist, I was duly packed off to sit with my newly acquired shorthand skills, which were extremely limited, and report on what was happening there. One of the problems in our society is that because so many newspapers find themselves in a position where they cannot afford to employ the staff that they used to employ, they are not covering the magistrates courts or the Crown courts in the way that they did. I know that from my experiences at the Nottingham Evening Post, which had a reporter in almost every court.

--- Later in debate ---

[Anna Soubry]

I am again grateful, because that is a good point well made. There is a good argument that the way to cure this mischief is by amending the Contempt of Court Act 1981. I will in due course deal with why that Act is inadequate. If it were adequate, I have no doubt that the Attorney-General would have used it to stop the salacious and vilifying nature of the coverage of the man arrested in Bristol.

To return to why it is wrong for someone to be named and vilified after being arrested, we should also consider the distress caused to that person, which I touched on earlier. During the course of my research, I looked at the case of a much-loved television personality—I will not name him—who appealed to people of all ages and was a true family entertainer. I did not know, because it does not matter to me, that he is gay. He had been married and had children, but the reality is that he was a homosexual. In due course he came out, which was a matter for his private life, and got on with his life. Most importantly, he continued to be an extremely good television presenter and entertainer. One evening, he was arrested as he came off stage following an allegation of a misdemeanour some years earlier. As a result, his name and the details of the allegation were published.

What followed was not quite a media feeding frenzy, but the details of the man’s private life, his sexuality and such matters were written about extensively in the press. A few weeks later, when he returned to the police station, the police said that they would not be charging him and he was accordingly exonerated of the allegation. He always maintained his dignity, and issued a statement through his solicitor which said:

“I was always confident my name would be cleared in due course. However, it’s been a very anxious and upsetting time for me and my family, not least because of press coverage at the time of my arrest.”

I quote that statement because it is important to remember that we are talking about real people who somehow have to pick up the pieces of their lives. Knowing what has been published about the first man who was arrested in Bristol, we must ask how on earth he will pick up his life after what has been said and written about him.

[Nicky Morgan]

The issue affects not only the individual, but other people such as their family—particularly their children—and work colleagues. My hon. Friend talks about the media interest, and she will remember that in the Bristol case the media, rightly seeking to profile the initial person who was arrested, went to the school where he had taught. The head or deputy head teacher had to go on television to talk about the individual, and such experiences are distressing if one has never been in the glare of the media spotlight before. Does my hon. Friend agree?

[Anna Soubry]

I am grateful to my hon. Friend for raising that, and I completely agree. That is the difficulty. In the newspapers we see the headlines and the story but never what is behind them or, most importantly, what happens in the wake of them.

I was describing how, by googling on the internet or doing any research through newspapers—although googling is the quickest and smoothest way—I came across several cases of football players who had been arrested on allegations of rape. One case is relevant to my hon. Friend, because it involved a Leicester football player. I did not recognise his name, but that matters not at all. He received extensive media coverage when he was arrested on an allegation of rape, and again, within a matter of weeks, when he went back to the police station on bail he was told that he would not be charged and that was the end of the matter. The newspapers and local television station covered the arrest extensively, but the fact that no charges were brought barely received a mention. I have not found any case, anywhere, in which somebody’s not being charged has received exactly the same amount of publicity as their arrest.

There are cases of councillors—some might be known to Members—who have been arrested on all manner of allegations, be they fraud, corruption or sexual assault. Again, I have looked at the newspapers and on the internet, and their arrest often makes the front page of the local newspaper. The fact that they are never charged, however, does not get on the front page; if they are lucky, it might be on page 2 or 3 and amount to half a column, but it is never the same as the initial coverage they receive when they are arrested. That is not right or fair.

--- Later in debate ---

[Mr Buckland]

That point is powerfully made. I have said many times, in my constituency and here, that we are in danger of demonising the younger generation. We have all, as Members of Parliament, had some encouraging experiences when we meet groups of young people in our constituencies. I find them to be engaged, alive to the issues that confront them as youngsters, keen to participate in their communities and interested in the world about them. In a way, despite our concerns about some aspects of the syllabus and the direction of education, they are much better prepared for the vicissitudes of life than perhaps people of my generation and previous generations were.

[Nicky Morgan]

To counterbalance that and bring us back to the Bill, there was a case a few years ago of a young man who was accused of rape. During freshers’ week at university, an unfortunate incident occurred with a young lady, and it was unclear whether consent had been given. The charge was not proven, but—to revert to the point about young people—the young man’s life was ruined because he had been named. He was terrified about his future—his employment prospects, the misery of the next few years of university and so on. The Bill may particularly benefit young people against whom charges are not proven.

[Mr Buckland]

My hon. Friend makes a powerful point. As I said earlier, people can be haunted by internet stories about—worse than a charge that is not proven—an innocent person, against whom false allegations, which did not pass the test of the burden of proof, are made. We must hold on to our principles and remember that young people have their lives before them.

I agree with my hon. Friend the Member for Carshalton and Wallington (Tom Brake) about demonising young people, but, sadly, as with adults, there is a majority of good young people and a minority of bad apples. I therefore make no apology for a robust approach to the miscreants in our communities, some of whom are, sadly, young people, who cause genuine misery to some of my residents, and those in constituencies throughout the country. It is perhaps a little too glib to say that we should not publicise the names of young people who are given ASBOs. I mentioned the difficulty with interim ASBOs, but the presumption should be in favour of publication.