Select Committee on Constitution Minutes of Evidence


Examination of Witnesses (Questions 333 - 339)

WEDNESDAY 7 MARCH 2007

MR PAUL DACRE

  Q333  Chairman: Good morning. Welcome, Mr Dacre. I know you are a busy man. It is good of you to come and share your thoughts with us. We appreciate it. This evidence session is going to be televised for the BBC, so I wonder if you would be good enough for the cameras to identify yourself.

  Mr Dacre: My name is Paul Dacre. I am editor of the Daily Mail and Editor in Chief of Associated Newspapers.

  Q334  Chairman: Thank you. Is there anything you would like to say? You know the general area of interests and we have indicated some of the questions.

  Mr Dacre: That is very nice of you but I am just happy to answer your questions.

  Q335  Chairman: Let me plunge in. One of the questions on the mind of this Committee—and we have just been having some evidence on this before you joined us—is how the British public see the judges, particularly now, in this era of constitutional innovation, where there is greater separation between the judiciary and the executive in the shape of the Government. The question that is preoccupying us is how the public see the judges. I just wonder, from your lofty editorial perch, both at Associated Newspapers and at the Daily Mail, about your own opinion of the way the public see the judiciary.

  Mr Dacre: Firstly, I think the public still have huge faith in the independence and integrity and uncorruptibility of the British judiciary. I do not think that can be said loud enough. Having said that, if I am being honest I suspect that many of our readers and many members of the public are slightly confused about the judges these days. They see, with increasing frequency, decisions made by elected governments being overturned by the judiciary; they see increasingly controversial decisions being made by judges, perhaps political judgments being made by judges, which fly in the face of what they perceive as national interests. They see an increasingly lenient judiciary, handing down lesser and lesser sentences for what many regard as serious crimes. I think they are confused. They still have great faith in the judiciary but there are worries that it is not reflecting their values and their instincts.

  Q336  Chairman: It is interesting that in that answer you, in a sense, ran together the political and judicial dimension. One of the things that is exercising the Committee is, given what a strongly partisan adversarial political culture we have in this country, is it possible that the reporting of judicial decisions is assimilated into what I will call, in shorthand, "political reporting", that it becomes part of a political narrative of a struggle of ideas, a struggle for power, rather than being seen for what it is: an area circumscribed by law itself? I think there may be a danger that it is seen as part of the glamorous and hard-pitched political struggle in the widest sense rather than having a steer of its own.

  Mr Dacre: Forgive me, my Lord Chairman, are you talking about the reporting?

  Q337  Chairman: I am talking about the reporting and, therefore, ultimately the perception.

  Mr Dacre: Newspapers are not immune to battles between politicians and judges, and views expressed by politicians and controversial decisions made by judges. I would like to think that our newspapers report factually and comment freely. But there is no doubt about it, the relationship between the executive and the judiciary has become a story and it is possibly creating a gladiatorial sense about some of the reporting that might be causing anxieties on the judicial side.

  Q338  Lord Windlesham: Is that more so than in the past?

  Mr Dacre: I would certainly think so, yes. I certainly think so.

  Q339  Lord Windlesham: Causes?

  Mr Dacre: The elephant in the room is the Human Rights Act, which, it is no secret, we believe has placed the judges in an impossible position, whereby it is leading to them making political judgments which is setting them against the politicians.


 
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