Paul McMullan and the denial of privacy

Why privacy is not just for "paedos".

The evidence of former News of the World journalist Paul McMullan to the Leveson inquiry was extraordinary and attention-grabbing. One almost wanted, following Blade Runner, for the barrister to ask McMullan what he would do if he saw a tortoise upside down in the sun. In the words of Graham Linehan on Twitter, it was as if McMullan was of another species.

What caused this response to his appearance and his evidence? It was perhaps the casual inhumanity and lack of any ethical concern. The only moment when McMullan showed any genuine disdain was when he dismissed his former editors as "scum" for what they did against him personally. But other than this flicker of defiance, his evidence was dark, depressing, and disconcerting.

And it was revealing. It gave the impression of a tabloid journalist simply thinking aloud, without any of the usual excuses, evasions, and euphemisms. The evidence was simply raw. It may well be that some of the evidence is unreliable, and it could also be that McMullan is not representative of tabloid journalism, but anyone who saw his stumbling and wince-inducing performance will probably never forget it.

At one point McMullan flatly rejected the general right of "privacy". It was a space, he contended, only for bad people to do bad things. Privacy, he assured the inquiry, was just for "paedos". Indeed, privacy was "evil".

Of course, McMullan cannot really believe this. Presumably the "toilet suite" he mentioned he wants for his Dover pub will come with cubicles fitted with doors and locks. One would hope he would not be a pub landlord who insists that all his customers defecate in an open room, at the risk of being denounced to the other customers as a child abuser.

In fact, everyone needs a private space to do certain things, even McMullan. Privacy is not an evil; it instead provides the sense of autonomy and dignity which is essential for any human being in a civilized society. There are questions as to how this basic human need for privacy is translated into effective legal remedies and how it is accorded respect by the tabloid media. There is also the difficult issue as to how privacy is balanced with publication of information in the public interest. But this does not mean that a person should not have a private space at all.

David Allen Green is legal correspondent of the New Statesman

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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Let 2016 be the year that Ireland gives women the right to choose

As we commemorate and celebrate the centenary of the Easter Rising next year, we must remember that while the constitution was hard fought for it cannot be static. 

There is mounting pressure for the Irish government to look into decriminalising abortion. It has been growing since Savita Halappanavar’s death three years ago in a hospital in Galway due to complications during pregnancy. She was refused an abortion because Irish law forbids it. Earlier this month Irish women tweeted the Taoiseach Enda Kenny about their periods using the #repealthe8th in an attempt to bring attention to the issue. Now last Friday, Amnesty International published a letter calling for the decriminalisation of abortion internationally, signed by 838 doctors, most importantly this included some of Ireland’s leading healthcare professionals. This is the perfect time for political parties to commit to holding a referendum on the issue if elected they are elected and form the next government in 2016.

One part of the Irish legislative process I have always been proud of is the use of referendum and bringing serious questions to the electorate. It protects the constitution from changing on political whims or based on the beliefs of whatever party is in government. As such it remains a document of the people, it was after all put to vote before it was instituted in 1937. It also passes issues, which have proved contentious and in other countries have relied on the sympathy of lawmakers, by popular consent. Same sex marriage was legalised in a beautiful display of support, 62% of the electorate came out to vote for equality. Social media was full of pictures of Irish people living abroad going home especially for the referendum.

There has previously been a number referendums on abortion and following Savita’s death, the  Protection of Life during Pregnancy Act 2013 was brought in which allowed abortion if the mother’s life was in danger. It was important and a sensible measure to bring in. However it resulted in serious splits and some contentious situations. Lucinda Creighton defied Fine Gael’s whip and found herself stripped of her ministry and ostracised, leading to the creation of her new party Renua Ireland. Creighton was recently asked if she would agree with aborting baby Hitler. This is the ridiculous side of the debate which doesn’t help either side. Many thought that the 2013 act was too quickly done and not properly explained or understood. A referendum is the best way to avoid this. The question can be explained properly and debated to give people access to more information. Once passed, it is done so with consent from a majority of the electorate and this makes it much more difficult to argue against its legitimacy than if it is forced through. The result is also binding regardless of the current government’s stance, you can have a second vote but you can’t force people to vote the other way.

Public support for legalising or extending abortion rights is there. A RedC poll for Amnesty International in July showed 67 per cent of people thought abortion should be decriminalised while 81 per cent thought it should be allowed in more situations. 45 per cent were in favour of abortion whenever a woman wanted it. It is not an overwhelming figure but if 45 per cent of people believe this should be instituted then they ought to be listened to and the question brought to the country.

Realistically, nothing will be done before the next election which is expected to be held in early 2016. However now is an excellent time for political parties to examine their stance on abortion and look at holding a referendum and making it part of their manifestoes. The new government will then be in a position to announce a new referendum on abortion as soon as they are in power. The last one was held in 2002, meaning that many young people particularly women at the height of their fertility have never actually had a say on this matter.

As we commemorate and celebrate the centenary of the Easter Rising next year, we must remember that while the constitution was hard fought for it cannot be static. The world that its authors inhabited is not the same as the one we live in today. The constitution has changed to bring peace to Northern Ireland, to legalise divorce and same sex marriage, let 2016 be the year it changes to give women the freedom to choose.