An Irresponsible Media?

In 'Relations between the executive, the judiciary and Parliament' the House of Lords Select Committee on the Constitution concluded: -

"We believe that the media, especially the popular tabloid press, all too often indulge in distorted and irresponsible coverage of the judiciary, treating judges as "fair game". A responsible press should show greater restraint and desist from blaming judges for their interpretation of legislation which has been promulgated by politicians. If the media object to a judgment or sentencing decision, we suggest they focus their efforts on persuading the Government to rectify the legal and policy framework. In order to ensure more responsible reporting, we recommend that the Editors' Code of Practice, which is enforced by the Press Complaints Commission, be regularly updated to reflect these principles."

The Select Committee on Culture, Media and Sport has recently published a report on Self-regulation of the press. It highlighted concerns about the behaviour of the British press.

"Certain recent events, however, have again led the public and politicians to question the integrity of methods used by reporters and photographers to gather material for publication by the press. Chief among these events were the conviction of Mr Clive Goodman, the royal editor of the News of the World, for interception of communications without lawful authority, and the hounding of Ms Kate Middleton, the then girlfriend of HRH Prince William, in the expectation that the two might shortly announce their engagement.

The system of self-regulation of the press constructed in 1991 in the wake of the Calcutt Inquiry in 1990 failed to prevent these lapses, and the image of the press was again damaged as a result."

John Lloyd has written a thought provoking book "What the Media Are Doing to Our Politics" .

I'd welcome your comments on what, if anything, should be done about the role of the press in politics.

The Week Ahead

The British Parliament has now risen for its summer recess, and is not due to return until 8th October.

In Washington this week is expected to be the last before Congress breaks for a shorter summer break. Today there are 26 bills to be considered under the suspensions procedure. These include the Darfur Accountability & Divestment Bill; Iran Sanctions Enabling Bill and the NASA 50th Anniversary Commemorative Coin Bill. Later on the Eightmile Wild and Scenic River Bill and the Ledbetter Fair Pay Bill will be considered.

For the rest of the week the Agricultural, Rural Development, FDA & related Agencies Appropriation Bill; Defense Appropriations Bill; Children's Health & Medicare Protection Bill & the Energy Independence Bill will be considered.

Today in the Senate another cloture measure will be considered - this time relating to the State Children's Health Insurance Program (SCHIP) bill.

President Bush and Prime Minister Brown meet today.

The branches of UK Government

Anyone with an interest in the functioning of the British Constitution will find the 6th Report of the House of Lords Select Committee on the Constitution "Relations between the executive, the judiciary and Parliament' useful.

Constitutional law sudents are treated to a useful guide to major developments in the first chapter. Specific issues in the relationships between institutions are to be found in Chapter 2 (Executive and Judiciary); Chapter 3 (Parliament and Judiciary) and Chapter 4 (Judiciary, Media and Public). The papers by

Kate Malleson on the Effect of the Constitutional Reform Act 2005 on the Relationship between the Judiciary, the Executive and Parliament

Professor Anthony Bradley on (1) The New Constitutional Relationship between the Judiciary, Government and Parliament (2) further paper on that relationship about the recent changes in the machinery of Government.

Professor Paul Craig on the Rule of Law

are to be recommended. Appendix 6 lists all the 'declarations of incompatibility' made under the Human Rights Act 1998.

A feast for constitutional law students, which I would strongly recommend to my students.

Absences at PMQs

The House of Commons Library provides an excellent service to MPs, and some of their work is made available to all on the internet. In addition to their research papers which topic a wide variety of subject, they make available their Research Papers and Standard Notes on the topics of Parliament and the constitution at http://mirror.parliament.uk/works/notes_on_parliament_and_constitution.cfm

This week they published a standard note entitled 'Absence of a Prime Minister at Prime Minister’s Question Time', listing every occasion at which the Prime Minister of the day missed PMQs (No reasons given - but I'm sure there were good 'excuses' - attending summits, handling crises etc). Interestingly the percentage of missed PMQs are:

Mrs Thatcher 7.7%

John Major 11.8%

Tony Blair 5.0%

The full paper is available at http://www.parliament.uk/commons/lib/research/notes/snpc-04401.pdf

This morning, as on many Wednesday mornings, the Judicial Committee of the House of Lords will meet at 09.45 in the Lords Chamber to deliver its judgement in a case.

The House of Lords is the highest Court in the English Legal System. Once all peers could participate in hearing cases and giving judgements, but those days are long past. The senior judges in the land are appointed as 'Law Lords', or 'Lords of Appeal in Ordinary' as they are properly known as. Currently there are twelve. They work full time at the judicial business of the House and receive a salary.This is not paid by the House of Lords but direct from the “Consolidated Fund” (the revenues held in the Exchequer account at the Bank of England). The reason is to ensure their independence from the legislative branch. Upon retirement judges keep their seats for the rest of their lives. Other Lords who hold or have held high judicial office can be called upon to assist the Lords of Appeal in Ordinary. A list of Law Lords can be found at http://www.parliament.uk/about_lords/the_law_lords.cfm

In 2008 a Supreme Court will be set up, so separating the judiciary from the legislature.

A very good fact sheet, produced by the House of Lords Information Office, is available at http://www.parliament.uk/documents/upload/HofLBpJudicial.pdf. Further details of the judicial committee can be found at http://www.parliament.uk/judicial_work/judicial_work.cfm