Select committee: Justice Committee
Conclusion 8
Fifth Report - Open justice: court reporting in the digital age
Published 1 Nov 2022
Paragraph 39
Addressed to Ministry of Justice
Justice Committee Open justice: court reporting in the digital age All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Conclusion (the committee's words)
The evidence from the Bureau of Investigative Journalism on its experience of attempting to access possession hearings presents a concerning picture of the practical reality of open justice in England and Wales. The legal and constitutional status of open justice is immaterial if journalists face the sort of hurdles experienced by the Bureau of Investigative Journalism. Those barriers have the potential to create a chilling effect for journalists and the public by discouraging them from exercising their right to attend hearings. Everyone working within the justice system, especially judges and court staff, has a role to play in translating the principle of open justice into reality.
From: Justice Committee, Fifth Report - Open justice: court reporting in the digital age (HC 339), paragraph 39, 1 November 2022
Government response
The government responded to the whole report on 16 January 2023 (deadline 1 January 2023).
Summary written by Accountability Index from the government's response. It is not the government's own words.The Government states that it "remains committed to upholding the principle of open justice" and responds to the Committee's recommendations by citing existing and planned work, a 2023 call for evidence, and some stated reasons for not taking forward certain recommendations.
- On legislating for open justice, the Government says it sees "no clear need to legislate in this area", citing common law, Article 6 ECHR and the flexibility this gives the judiciary.
- On re-establishing a courts' inspectorate, it says "the case for re-establishing a courts' inspectorate is therefore not clear", citing existing audit, management information and parliamentary scrutiny.
- It commits that "in 2023" it will develop and publish a charter for members of the public summarising existing rules on access to hearings and information. It says the charter would not create new rights.
- On a PACER-style document portal, it states "we do not, at this stage, have plans" to create one, citing resources, and says it plans to explore access to court documents in a call for evidence launching in 2023.