The courts are open but justice is a closed book
The Times, 28 July 2010
By Heather Brooke
We are denied even the barest details of what goes on in supposedly public legal proceedings
Last week I had an encounter with open justice. I was attending the Information Tribunal hearing of a friend who is trying to peel back layers of secrecy surrounding allegations that the Liverpool Women’s NHS Foundation Trust had a history of silencing whistleblowing staff by offering them public money to sign confidentiality or ‘gagging’ contracts.
I’ve been to the Tribunal before when I was fighting for the release of MPs’ expenses and that’s when I discovered the only record of proceedings of this so-called “open” people’s court (the Tribunals are meant to be a less formal, more accessible form of justice) were my scribbled notes. When it came time to write a script for a dramatised version of the hearing my notes and those of other reporters were all we had to go on. I’d asked at the time if I could tape record the hearing and was told “no”.
This time I decided to press harder. The rhetoric of the English legal system is that justice must be seen to be done so why are the public forbidden – under threat of jail – from recording a verbatim account of proceedings? Not only that, rules are so opaque and obscure that court reporters struggle to report cases with any degree of accuracy or depth. And that is when there is a reporter in court, which these days is a rarity – there used to be 25 reporters covering national courts for the Press Association; by 2009 there were only four.
We are paying nearly £1.5 billion for the court service plus £2.1billion for legal aid and the salaries of nearly 1000 senior judicial officers. It’s a high price, but to be honest not enough to adequately fund the system. However, if we’re going to invest in the judiciary it’s vital we understand where our money is going and receive some benefit for our considerable contribution. The least we might have is an account of proceedings held in open court.
Anisa Dhanji, the judge, said she was concerned with the hearing being recorded. ‘Usually such requests are made in advance so the tribunal can maintain the necessary degree of control over the transcript.’
“Control” is exactly what a court shouldn’t be exerting. Once it is decided that it is open, there should be no restriction on how that open hearing is processed. She went on to say that she’d allow me to record now but I’d have to wait for a future ruling before I could “use” the recording.
The next day in court the Judge announced she’d made her ruling.
“Please turn your tape recorder off,” she said, looking sternly at me over her glasses. I did so.