My Lords, it is always interesting to examine such issues. I have listened to the speeches and the arguments, although I was not in your Lordships’ House when the arguments were put forward for the televising of Parliament. I listened, as I always do, to the noble Baroness, Lady Kennedy, who spoke about words being put into people’s mouths and perhaps being interpreted differently. I suppose that every now and again parliamentarians, and politicians in particular, suffer that consequence, which is well understood.
This has been a wide-ranging debate. As we have seen, again there is strong opinion on both sides of the argument. As the noble Baroness, Lady Kennedy, said, her amendment would limit court proceedings to appellate proceedings and, in effect, would require the Government to return to Parliament before broadening court broadcasting to other types of court proceedings, such as those in the Crown Court. I am also aware, as my noble friend Lord Lester of Herne Hill pointed out, that this amendment was specifically recommended by the Joint Committee on Human Rights in its report of the Bill. I would, of course, like to thank the Joint Committee for its report. I am also glad to read that the committee agrees with the Government’s objective of making justice as apparent and as publicly accessible as possible.
We have heard about 18th century judges, although I am minded not to travel back in history to that extent. However, in 1924, the Lord Chief Justice, Viscount Hewart, said:
“Justice should not only be done, but should manifestly and undoubtedly be seen to be done”.
I believe that sentiment underlies the Government’s view.
The noble Baroness, Lady Kennedy, talked about caution. The Government recognise that as regards court broadcasting. It is our view that any order made under Clause 23 will require, as has been mentioned by various noble Lords, the agreement of the Lord Chief Justice. But that is just one lock. It will also require the approval of the Lord Chancellor and will be subject to scrutiny by both Houses of Parliament under the affirmative procedure. Therefore, court broadcasting will be introduced in a safe and proportionate manner. That is akin to putting not one or two locks on the door but to putting three locks. It will take three people to open that door.
However, we can go one step further. We believe that this triple lock, combined with existing reporting restrictions and the additional provision to allow judges to stop the filming and broadcasting of court proceedings to ensure the fairness of proceedings and to prevent any undue prejudice, will ensure that the interests of victims and witnesses, who are most important, as well
as jurors, defendants and other parties, are fully protected. I hope that this will address the concerns of not only the noble Baroness but also the noble Lord, Lord Beecham, in relation to the court’s requirement to consider when to allow or to prevent broadcasting.
When the noble Baroness, Lady Kennedy, mentioned that moving cameras changed people’s actions, they certainly changed my action. As she mentioned it, I looked towards the camera and the camera moved. There is some credence and fact behind that statement.
The Government announced plans in September of last year to allow the broadcasting of judgments and advocates’ arguments in cases before the Court of Appeal and, over a longer period, to allow broadcasting from the Crown Court but to limit this to the judge’s sentencing remarks after conclusion of the trial. We believe that this will help to increase the public’s understanding of sentencing, with low risk to the proper administration of justice. Let me assure your Lordships’ House that we have no plans to extend court broadcasting beyond these two sets of circumstances. We believe that, once Parliament has approved the principle of broadcasting selected court proceedings, the details safely can be set out in secondary legislation. I would remind the House that the Delegated Powers and Regulatory Reform Committee did not take issue with this approach as long as the secondary legislation was subject to the affirmative procedure, which it now is. This means that the Lord Chancellor may make an order only under this clause which has been approved by both Houses. That being the case—I refer in particular to the comments made by the noble Lord, Lord Beecham—Amendment 120B is not needed as that ground is covered already by Clause 30(4)(f). As with all primary legislation, these provisions will be subject to post-legislative review three to five years after Royal Assent.
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The other amendments tabled by the noble Lord, Lord Beecham, reflect the vital principles of protection for victims and witnesses and the proper administration of justice. I am happy to reiterate the Government’s commitment to these principles. Furthermore, I believe that the draft order which noble Lords have now seen demonstrates how these principles are intended to be upheld. This order would allow filming in the Court of Appeal of submissions of legal representatives, exchanges in open court between a legal representative and the court and the court giving judgment only. Filming of any other individuals or parts of proceedings would remain prohibited by the Criminal Justice Act 1925. The order also provides that the court may suspend or stop filming or prevent broadcast where that would be necessary in the interests of justice.
The noble Baronesses, Lady Kennedy and Lady Butler-Sloss, talked about judges’ security and the noble Baroness, Lady Butler-Sloss, mentioned her concern for her dog. Parliamentarians, politicians and judges are in the public eye, and people have to face challenges and dangers in public life, but I assure the House that the Government will happily look at security in the impact assessment that will be published before the first order is brought forward.
I hope that this addresses the key principles and concerns, which the Government recognise, that are outlined in the amendments tabled by the noble Baroness, Lady Kennedy, and the noble Lord, Lord Beecham. An extension to allow filming of sentencing remarks in the Crown Court would require a further order, subject to the triple lock procedure that I outlined earlier.
Given the concerns that have been voiced, the Government are happy to publish a detailed impact assessment alongside the first order made under this clause and will continue to engage with victim support groups, members of the judiciary and other interested parties. Any order made under this clause is subject to the triple lock. Several noble Lords mentioned the important role of the Lord Chief Justice. The Lord Chancellor also has a role, and both Houses of Parliament must approve the order under the affirmative procedure. Let me reiterate that, in any case, a judge may impose reporting restrictions and prevent, suspend or stop filming to prevent broadcast, where necessary. I hope these four locks and these assurances will address the concerns of the noble Baroness, Lady Kennedy, and the noble Lord, Lord Beecham. I hope the noble Baroness will withdraw her amendment.