Select committee: Justice Committee
Conclusion 11
Fifth Report - Open justice: court reporting in the digital age
Published 1 Nov 2022
Paragraph 41
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 Reporters’ Charter helpfully directs the media to the MOJ press office and the Judicial Press Office to deal with enquiries and issues on accessing court proceedings and information. There should be a single point of contact for all accessibility and open justice inquiries from the media and from the public. The Lord Chief Justice told us that, if a journalist encounters an issue accessing a court, he or she should “get in touch with their local court and ask why”. In reality, at present there is no formal official mechanism for the media or the public to raise accessibility enquiries or complaints in relation to the courts. The creation of regional communication and information officers within HMCTS could provide that point of contact for reporters and the public. The courts’ inspectorate, as we proposed in our report on court capacity, could have a specific remit to examine the operation of open justice.
From: Justice Committee, Fifth Report - Open justice: court reporting in the digital age (HC 339), paragraph 41, 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.