Contribution
My Lords, I am grateful to the noble Lord, Lord Carter, for reminding us of his late-night work the other night, and I look forward to discussing that subject when we come back to it on Report. I am also grateful to the noble Lord, Lord Hogan-Howe, for bringing a practical police view to this very difficult debate. I come at this from a position essentially in favour of these clauses not standing part, for the reasons so far advanced by my noble friends Lady Cash and Lord Black, and the noble Lord, Lord Faulks.
This is a difficult question. Unquestionably, it is a difficult question. If it were not, we would not be here. We have, as parliamentarians, as legislators, to work out where the balance should lie between the desire for anonymity for police officers in these circumstances and the desire for openness, open justice and the ability of the public—not just the press but the public as a whole—to see what is being done in their name in the court system.
I hope I shall not go on too long merely repeating what others have already said, but it is worth reminding ourselves that the courts work on the basis of open justice. The public are entitled to watch, to read and to comment about trials, and to know who has been charged and prosecuted and with what result. There are exceptions to protect national security, vulnerable witnesses, victims of sexual offences and children. We have a regime for, first of all, providing for reporting restrictions; secondly, for restricting public access to the courtroom and for holding all or part of some trials in private; and, thirdly, for withholding the name of witnesses—for example, under a witness order under the Coroners and Justice Act 2009. But a witness order under that provision is a special measure of the last practical resort, and requires the court to be vigorous in its consideration of the statutory hurdles that have to be overcome and to ensure that the defendant is not irreparably disadvantaged or denied a fair trial. Fourthly, we have within that regime provision for anonymity in investigations—for example, when considering fatal gang crimes involving the use of guns and knives by those aged 11 to 30.
Police officers are human—I underline the word “human”. They are a human example of state power—and I underline the word “state”. We respect and we admire them for their often dangerous and selfless work. We know from our own work here in Parliament how vital police officers are for our own protection. I was not far away from the scene of PC Palmer’s murder in March 2017. He was unarmed and later awarded a posthumous George Medal, but there were armed officers there who had to kill PC Palmer’s murderer. I heard those shots as I walked along the colonnade in New Palace Yard from my office in Portcullis House to take part in a Division in the other place. The noble Lord, Lord Hanson, may well have gone through the same experience. I was grateful then, as I am to this day, to the police men and women on duty that day who ushered me and other Members of the other place to safety, regardless of their own.
But it is, in the final analysis, a matter of judgment on which side of this argument we need to come down—on the side of anonymity or on that of open justice. I bear in mind the need for armed police officers and their families to be protected from reprisals, as I think the noble Lord, Lord Hogan-Howe, mentioned. I bear in mind the operational need not to discourage volunteers suitably qualified to become armed response officers or armed officers. We have been reminded this morning of the case of Martyn Blake, which created, I think, the genesis of these clauses.
However, I also bear in mind the constitutional and public policy demands. I would not describe this as a constitutional outrage; it is a perfectly rational debate about which side of a difficult line one wishes to land. It is not a constitutional outrage to do one thing or the other. It is just advancing an argument. But I bear in mind the constitutional and public policy demands for open justice, for public trust and for transparency in a justice system that applies to us all without creating different categories of defendant as a question of blanket rule. Blanket rules of the sort envisaged by Clauses 152 to 155 are, I suggest, best avoided where a stronger, focused case-by-case approval approach can be achieved—and it is, in my experience, already achieved under our current system.
In the last few days, we have seen the ICE officer shoot that woman driving her car in Minnesota. Of course I have only seen the news footage, but I suggest that, here, that ICE officer would be prosecuted for murder, subject to any defence he could advance. That case aside, we face the problem of some lawyers and campaigners using every police shooting as the basis of an anti-police pile-on, or for some other political campaign that they happen to support. In short, if we are, as I hope we will be, sceptical about Clauses 152 to 155 standing part of the Bill, we must prevent the appalling hunting parties against the police. Let us then pause and reflect before agreeing to these clauses.
I dare say we will not make a decision today, other than that the issue advanced by my noble friend Lord Black will be withdrawn. But we all have a little time between now and Report—we come here with the best of intentions and good will—to think a little more carefully about the practical solution to this, and whether we need to use the blunderbuss of legislation or whether we can still rely on judicial discretion, vigorously applied and well argued for in each separate case, to see where justice can be found.