Education Bill

This is not the best day for British journalism, I fear, so I almost hesitate to declare an interest as a director of the Telegraph Media Group and chairman of the Press Standards Board of Finance. I spoke on these matters at Second Reading, expressing my concern that Clause 13 is unworkable, unnecessary, has huge, significant ramifications for open justice, sets a damaging precedent and, above all, is based on scant evidence. I am very glad that the noble Baroness raised the issue of evidence because it is very important to this clause. Of course, it is appalling if anyone, not just a teacher, is falsely accused of a crime, but the transparent pursuit of justice is vital too, as it is part of the constitutional compact between the courts, the media and the public. Justice can be effective only if it is seen to be done, and that is why the media is always opposed to reporting restrictions, except in the most pressing circumstances and where there is overwhelming evidence of need. I fear that my interpretation of the research and data in this area is that that evidence is incredibly thin. On Monday, we heard from the noble Lord, Lord Puttnam, about the evidence-based approach to policy. He said, "““Creating policy involves learning lessons from the past and gathering evidence from the present””.—[Official Report, 4/7/11; col. GC 52.]" I could not agree more. The best evidence that we have is from the Department for Children, Schools and Families’ submission to the 2009 Select Committee inquiry into allegations against school staff, which concluded after careful analysis that there was no case for teacher anonymity. Subsequently, I have checked with some other bodies that might know about it. It is important that the Committee looks at the issue of evidence. I have talked to the Press Complaints Commission, which has other issues on its mind at the moment, but it looked at the cases it had dealt with over the past four years and could find only two relating to teacher anonymity where there may have been a breach of the industry’s code. The secretary of the code committee of the Press Complaints Commission confirmed to me that there had been no representations from teachers' organisations to the code committee to deal with this issue. I talked to Mr Tony Jaffa of Foot Anstey, one of the leading solicitors in the country dealing with local media, who wrote to me to say that: "““My colleagues and I do not have any recollection of any regional paper ever having received a complaint from a teacher in this context … We have no evidence to support the proposed change … If this were a real problem I would expect to have seen post-publication complaints, PCC complaints, and/or libel claims. We have not seen any of these””." The noble Baroness referred to a UNISON survey, which was very similar to the results of the survey conducted by the Association of Teachers and Lecturers, which points to a high number of allegations that have been made against staff. Among that huge potential number, the number of actual press reports is tiny. This clause is all about restrictions on the media, so we have to look at the number of press reports that follow, not at the number of allegations made within schools and further education institutions. If there is precious little evidence of a problem relating to schools, I can find even less rationale for extending this to further education institutions and to other staff as a number of these amendments seek to do. I certainly cannot find any in the 2009 Select Committee inquiry. The other point of great concern to me is precedent. At Second Reading, I warned that Clause 13 was, "““the thin end of a wedge that will lead inexorably to much wider reporting restrictions””,—[Official Report, 14/6/11; col. 734.]" that would have a profound impact on the local media in particular. If we extend the terms of Clause 13 beyond teachers to other members of staff and to further education institutions, as Amendment 73 and subsequent amendments seek to do, as the noble Baroness has said, why stop there? How do the Government explain where the dividing line is, especially when they have already said, as they did in the schools White Paper, The Importance of Teaching, that they would, "““consider whether these measures should also be applied to the wider children's workforce””?" In 2009, a survey among local authorities found that allegations—I make the point that it is allegations and not media reports—were an issue across a number of employment sectors involving children, including social care, health care, foster carers and the police. That already brings another significant potential group of people within this ever-expanding set of potential reporting restrictions. As the noble Baroness said, there are other careers where individuals are sometimes alone with children. If we accept the extensions to Clause 13, what is the logic in excluding them? The list could include hotel staff, babysitters, dentists, vicars, scout masters and museum staff. I do not know where it would end. We can already see it happening in other areas, which is why this clause and this debate are so important. The General Medical Council has suggested that open hearings should be replaced by private discussion between the GMC and a doctor intended to reach mutual agreement on, "““the measures necessary to protect the public without the need to refer the case to a public hearing””." That would apply even in the most serious cases—possibly involving children—that end up in the suspension or removal of the doctor from the register. It is not fanciful to see that unless we draw a strict line here, we will end up with a wide range of reporting restrictions fundamentally affecting the rights of children that, in effect, usher in a new age of secrecy and cover-up where crimes against children are concerned. As the noble Baroness has said, we interfere with media freedoms in this area at our peril, not because of their impact on the media but because of the impact on the justice system. That is why the groups of people covered by this legislation should not be extended but should be kept as tight as possible. Finally, I know that my noble friend will speak to Amendment 75A, which is on a mandatory review of reporting restrictions. I am all in favour of a review of the efficacy of the legislation eventually passed in this area because I genuinely believe that it will prove to be unworkable, particularly with regard to issues to which we will turn in the next group. A review must be even-handed and must take evidence from all those involved; that is, the media, children’s charities, the police and so on. As I read it, the amendment seeks to direct such a review even before there is any evidence, which cannot be right. By all means, let us look at this again if this legislation reaches the statute book. I think that it will prove to be essential, but it needs to be a proper and independent review.