§ 46. Mr. Christopher Priceasked the Attorney-General, if Her Majesty's Government are satisfied with the operation of the Lord Chancellor's practice direction on the use of tape recorders in court proceedings.
§ The Solicitor-General (Sir Ian Percival)I assume that the hon. Gentleman is referring to the practice direction which was issued recently by the Lord Chief Justice and the other heads of divisions. It was not issued, as he supposed, by the Lord Chancellor. Since the direction was only issued on 19 November, it is too early to assess its operation.
§ Mr. PriceDoes the Solicitor-General remember the all-party deal during the Contempt Bill under which, 577 although the Bill was not changed, he promised to ensure that a practice direction would be issued? Is he aware that I decided to teat the practice direction by applying, as a journalist rather than as a Member of Parliament, to take a tape recorder into the House of Lords appeal court hearing on the GLC case? Is he further aware that not only was I told that the court was not prepared to allow me to do that, but that it was not prepared to allow the parties concerned to do so either? I was told that the direction did not apply to the House of Lords. Has Parliament no control over that element in the legal system? Will the hon. and learned Gentleman hold discussions with the House of Lords appeal court to ensure that its practices conform with those of other courts?
§ The Solicitor-GeneralI recall the debate to which the hon. Gentleman referred. I refreshed my memory of it this morning. I am glad that a practice direction has been issued so soon. All that I said was that it was too early to assess its operation.
I understand the hon. Gentleman's main point. It is important for the House to remember that there will be a complete discretion in every court to which an application is made. Although practice directions may be given, that discretion must not be fettered. In pursuance of the undertaking, the practice direction has been given by the Lord Chief Justice and other heads of divisions where a large number of judges are in one division. The Home Office has given a direction to magistrates. The Lord Chancellor has applied the Lord Chief Justice's direction to county courts. The House of Lords is so small that there is no point in its giving itself a direction. It must decide each case on its merits.