HL Deb 26 November 1963 vol 253 cc580-1

2.42 p.m.

LORD KENNET

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

[The Question was as follows:

To ask Her Majesty's Government why transcripts of criminal proceedings on indictment are only available to members of the public with the leave of the court and what criterion the court uses in reaching a decision in these cases.]

THE LORD CHANCELLOR (LORD DILHORNE)

My Lords, it would be wrong to allow members of the public an unfettered right to obtain transcripts of criminal proceedings, because that would, for example, allow the publication of proceedings which had been held in camera, or the purchase of transcripts of sexual cases for the pleasure or profit of the recipient. The noble Lord may therefore agree that the Rules which Parliament has approved rightly require the leave of a Judge before a transcript can be obtained. The noble Lord goes on to ask what criterion a Judge uses in reaching a decision. Most of the applications for the purchase of transcripts are made to assist in legal proceedings, or for use in the preparation of professional textbooks, and cause little difficulty. A few arise, like the recent application made on behalf of the noble Lord, for the purpose of writing books for profit.

I cannot say what criteria exercise the minds of the learned Judges who act under the duties imposed upon them by the Rule. No doubt, however, it is borne in mind that the court shorthand writers are provided to facilitate appeals and not to assist authors. The shorthand writers are at present very much occupied in the production of transcripts for the Court of Criminal Appeal, and I am most anxious that appeals should not be unduly delayed by the time taken in transcribing the shorthand note.

LORD KENNET

My Lords, I thank the noble and learned Lord on the Woolsack for his courteous reply. Are the Government aware that comment on matters of public interest, when printed, is commonly the subject of financial reward? He used the phrase "for profit".

THE LORD CHANCELLOR

My Lords, there is nothing to stop the noble Lord, if he wishes, making arrangements for his own shorthand note to be taken.