Anonymity (Arrested Persons) Bill

David Davis Excerpts

Friday 4th February 2011 Commons Chamber

[Philip Davies]

I am not a fan of restricting the information that people can give when it comprises simple fact. The hon. Member for Stoke-on-Trent South made the point particularly well. These things normally work through reports such as “A 25-year-old man from Hastings has been arrested for a crime.” I do not understand how that damages the judicial system. In many respects, the Bill is a solution looking for a problem because, in the vast majority of cases, crimes tend to be reported in the way in which my hon. Friend wants.

[Mr David Davis (Haltemprice and Howden) (Con)]

My hon. Friend probably acknowledges that I yield to nobody, not even him, in defending people’s rights against unlawful arrest. His case would stand up better if what was being argued was for no naming whatsoever rather than naming at the point of charge. Since we have limitations on detention without charge—about which I am quite expert—my hon. Friend’s case would fall after two or three days.

[Philip Davies]

My right hon. Friend knows that no one in the House admires him more than I do, although we do not always agree. Indeed, many people have said that he did not become leader of the party because my support for him was disclosed far too early. There is some truth in the assertion that his candidacy went downhill from the very moment that I declared my support for him. The fact that he still talks to me is testimony to his courtesy.

However, if it is damaging to someone who is arrested that their name is mentioned, because they can be vilified through a “no smoke without fire” approach, that applies not only to them, but to those who are charged with an offence, those who go to court and those who are acquitted. I am sure that my right hon. Friend would acknowledge that, in many cases, people go to court and are acquitted, and local people still say, “He must have been up to something; they wouldn’t have arrested him for no reason.” In dealing with the “no smoke without fire” issue and in arguing that people should not be vilified just because they have been arrested, the ultimate logic of the Bill is that we should not name anybody charged with something until they have been convicted. My right hon. Friend might consider that desirable, and it is a perfectly respectable view to hold—although I do not know whether he does hold it—but it is not one I agree with. It would not be a positive, but a negative development.

The thing that I most wish to defend is not just the freedom of the press—although that is important—but the important principle of open justice in this country. A Government research paper last November entitled, “Providing anonymity to those accused of rape: an assessment of evidence”, helpfully included the reasons why an open justice principle is so important to this country. It is important because it

“helps ensure that trials are properly conducted”,

it

“puts pressure on witnesses to tell the truth”,

and it

“can result in new witnesses coming forward”,

which is an important point made by the hon. Member for Stoke-on-Trent South. It also

“provides public scrutiny of the trial process”,

which is also an important factor, and

“maintains public confidence in the administration of justice”.

I am a big believer that the more information the public know the better. Finally and crucially, it

“reduces the likelihood of inaccurate and uninformed comment about proceedings”.

That final point is one of the most crucial. Following a high-profile case, no matter what laws the House decides to pass, we cannot prevent people from speculating on what has happened, on who was involved, on who might be guilty or on who they think it is. I am sure it happens in many households around the country following a crime; I am sure that every household has its resident Inspector Clouseau listing who they think is guilty—“It must be somebody they knew,” “It’s probably a relative,” and all that kind of thing. That is not going to stop, no matter how many laws we pass.