HC Deb 18 December 1967 vol 756 cc918-9
37. Mr. Roebuck

asked the Attorney-General whether he will now advise the appointment of a Royal Commission to examine the law of contempt, with particular reference to its application to the Press and broadcasting.

The Attorney-General

I am not aware of any general criticism of the law of contempt in relation to the administration of justice. However, there have been criticisms of the provisions of the Tribunals of Inquiry Act, 1921, which apply the provisions of the law of contempt to proceedings under that Act, and the Government is considering a recent Press Council booklet on this subject.

Mr. Roebuck

Is my right hon. and learned Friend aware that news that the Government are considering this matter is very welcome? There has been confusion about this aspect of the law for many decades, and can he acknowledge that very serious consideration will be given to Clearing the matter up? Can my right hon. and learned Friend also say to what extent his patient examination of the law and his exposition of it at the time of the Aberfan inquiry has contributed to this development?

The Attorney-General

I do not want to enter into that much disputed matter at this moment, without notice, but this aspect is being considered. There is no doubt that the law of contempt applies to proceedings before tribunals of inquiry, and this aspect of the matter is being considered.

Sir P. Rawlinson

Would the Attorney-General not agree that, leaving aside the Tribunals of Inquiry Act, it would be very poor if we got to a position in the law of contempt where there was trial by television or trial by Press? It is most important that fair trials should not in any way be endangered by comment.

The Attorney-General

I entirely agree. As I said in my original Answer, I am not aware of any criticism of the law of contempt in that sphere.

Mr. Alexander W. Lyon

Would my right hon. and learned Friend agree that, though there may not be criticism of the law, there is a good deal of confusion about the exact extent of the law of contempt and that it might be cleared up quite simply by a Statement from the Court of Appeal, or even the Lord Chief Justice, about its limits?

The Attorney-General

With respect, I think that the principles relating to the law of contempt are quite clear. Generally speaking, proceedings are now brought only through the Attorney-General. They take place before the Lord Chief Justice and two judges of the High Court. I should have thought that both the law and its machinery, particularly in the matter of the administration of justice, are satisfactory.