Lord Faulks (Non-Afl)

My Lords, I share with the noble Lord, Lord Carter, concern and admiration for our firearms officers and officers generally, who have a very difficult job. I declare an interest having acted for police forces in cases involving the use of firearms. However, I do not share his conclusions about these provisions. I should also declare an interest as the chairman of the Independent Press Standards Organisation, which regulates the press or those bodies that choose to be regulated by it. I hope that has given me some indication of some of the challenges that journalists face, particularly in reporting court proceedings. Very often, they struggle to cover court cases because of the reduced number of journalists and the general facilities available to newspapers. Were this provision to become law, they would be faced with a presumption that changes the balance and represents, on the face of it, a challenge to our principles of open justice. Given that there is already a discretion available to the courts on anonymity, I ask the Minister this: what is wrong with the existing law, which provides that there is such a balance to be exercised by the judge? If there is nothing wrong with the law, there is no need to change it. This is a significant change, and the Government must have some very clear thoughts as to why they are making it. What is the situation that now persists which requires a fundamental change in questions of reporting and free speech? Supposing it is possible to persuade a judge to rebut the presumption which will now exist in these provisions, what would be a good reason for lifting the anonymity which prima facie is going to be imposed by them? It is important, before we make such a significant change in the law, that the rationale is clearly understood. While not in any way undermining or questioning the importance of protecting officers in appropriate circumstances, I say that the balance is a very subtle one, and that balance should not be disturbed by these provisions. I do not think we even need to consider the European Court of Human Rights’ position. This is an ancient tradition of open justice, and it is one which is, I am afraid to say, threatened by these provisions.