HC Deb 03 December 1970 vol 807 cc1444-5
8. Mr. Arthur Davidson

asked the Secretary of State for the Home Department if he will introduce legislation to amend the Criminal Justice Act to enable committal proceedings to be reported as of right.

Mr. Carlisle

My right hon. Friend does not think that the time has yet come to reconsider these provisions.

Mr. Davidson

Is the hon. Gentleman aware that both he and I have expressed certain criticisms of those particular Sections of the Act, well intentioned though they were? Is he further aware that as recently as last week Lord Justice Edmund Davies criticised the working of the Act? Does he not think that the time has come—to obviate any feeling on the part of the public that the important facts are being hidden from them—for an inquiry to look into the working of this part of the Act?

Mr. Carlisle

I am still aware of the views that I and the hon. Gentleman expressed during the Committee stage of this Act. I would remind him that he did not then, as his Question does, ask us to enable committal proceedings to be recorded as of right. The argument then, of the hon. Gentleman and myself, was that the defendant should have the right to refuse publication rather than that he should have the right to require publication. My right hon. Friend feels that, since this legislation is still recent, we should allow further time to elapse before deciding whether it neds any amendment.

Mr. Elystan Morgan

Does the hon. Gentleman not agree that as the Act has run for about three years, the time has come when we should have a comprehensive review of its working?

Mr. Carlisle

If the hon. Gentleman is referring to the Criminal Justice Act as a whole, then I am sure that there are many parts of it which may need to be looked at again and which may need legislation in a future Session of this Parliament. Dealing with this particular point, I do not think that there is evidence that it is working against the interests of justice.