PARLIAMENTARY DEBATE
Press Matters - 1 November 2016 (Commons/Commons Chamber)
Debate Detail
In July 2011, the coalition Government announced an inquiry into the role of the press and the police in phone hacking and other illegal practices in the British press. Lord Justice Leveson—now Sir Brian Leveson—was appointed chair of the inquiry. Part 1 of the inquiry examined the culture, practices and ethics of the press. It considered such matters as whether the press needed a different form of regulation and how the press interacted with the public, the police and politicians. Sir Brian Leveson heard evidence from more than 300 people, including some of those who had been affected by the most egregious press behaviour. On 29 November 2012, the Leveson inquiry published its report on part 1. It contained 92 recommendations, the majority of which have been acted on and are being delivered. Part 2 of the inquiry, which has not yet begun, would further examine wrongdoing in the press and the police.
Following a cross-party agreement, a royal charter established the Press Recognition Panel, which began operating in November 2014. As stated on its website, the panel’s purpose is to ensure that any press self-regulator is
“independent, properly funded and able to protect the public, while recognising the important role carried out by the press”.
Since September 2015, the panel has been taking applications from regulators that are seeking recognition. Alongside the royal charter, section 40 of the Crime and Courts Act 2013 was designed to incentivise newspapers to join a recognised self-regulator. Section 40 has passed into law but remains uncommenced. It is one of two incentives. The other, relating to exemplary damages, came into effect on 3 November 2015. A self-regulator applying for recognition must meet the specific criteria set out in the royal charter, including providing a system of low-cost arbitration to replace the need for court action. Section 40 contains two presumptions: that if a publisher who is a member of a recognised self-regulator loses a relevant media case in court, they do not have to pay the winning side’s costs; and that if a publisher who is not a member of a recognised self-regulator wins such a case in court, they would have to pay the losing side’s costs as well as their own. Each element was intended to encourage the press to join a recognised self-regulator through a legitimate rebalancing of the normal rules on costs.
It has hitherto been the view of Government that as we wait for a number of elements of the new self-regulatory regime to settle in—the exemplary damages provisions of the 2013 Act, the press developing an effective form of voluntary self-regulation, and self-regulators applying for recognition—the time has not been right to commence section 40. However, the panel recently recognised its first self-regulator, the independent monitor for the press or IMPRESS, which currently has around 50 members. Meanwhile, the Independent Press Standards Organisation, known as IPSO, regulates more than 2,500 publications but has been clear that it will not seek recognition from the panel. We think the time is right to consider section 40 further.
It has also become apparent that the final criminal case relating to the Leveson inquiry is entering its final stages. We therefore think it is an appropriate time to start to consider the next steps on part 2 of the inquiry. Many of the issues that part 2 would have covered have been addressed over the past five years. Three police investigations— Operations Elveden, Tuleta and Weeting—have investigated a wide range of offences. A clear message has been sent to all police officers and public officials that receiving payments for confidential information will not be tolerated and will be dealt with robustly. The Metropolitan Police Service has introduced new policies on whistleblowing, gifts and hospitality, and media relations.
There was also a degree of subject matter overlap between parts 1 and 2 of the Leveson inquiry. For example, the inquiry reviewed the MPS’s initial investigation into phone hacking and the role of politicians and public servants regarding any failure to investigate wrongdoing in News International. Part 1 made numerous recommendations which, where they relate to them, are being addressed by the police, Her Majesty’s inspectorate of constabulary, the Independent Police Complaints Commission and the College of Policing. Given the extent of the criminal investigations, the implementation of the recommendations from part 1 of the Leveson inquiry and the cost to the taxpayer of the investigations and part 1—£43.7 million and £5.4 million respectively—the Government are considering whether undertaking part 2 is still in the public interest.
We are keen to take stock and seek the views of the public and interested parties—not least those who have been the victims of press abuse. We will also formally consult Sir Brian Leveson, in his role as inquiry chair, on the question of part 2 at the appropriate time. I can announce that today we are launching a public consultation, inviting comments on both section 40 and part 2 of the Leveson inquiry from organisations that are affected by it and from the public. It will run for 10 weeks from today—1 November—until 10 January 2017. It is laid out in a consultation document entitled, “Consultation on the Leveson Inquiry and its implementation”, published on gov.uk. I am also depositing it in the Libraries of both Houses.
I have met Sir Brian Leveson, and spoke to him again this morning. I will write to him formally as well. I am extremely grateful for all the work that he and his team have done to get us this far. The Government are determined that a balance is struck between press freedom and the freedom of the individual. Those who are treated improperly must have redress. Likewise, politicians must not seek to muzzle the press or prevent it from doing legitimate work, such as holding us to account. The police must take seriously their role in protecting not only their own reputation, but also those people they are meant to serve. That is the balance that we wish to strike, and the consultation is the most appropriate and fairest way of doing so. I commend this statement to the House.
The Prime Minister herself set the test for the process on 14 June 2012 when she said to the inquiry:
“I will never forget meeting with the Dowler family in Downing Street to run through the terms of this Inquiry with them and to hear what they had been through and how it had redoubled, trebled the pain and agony they’d been through over losing Milly.”
She went on to say that the test should be
“are we really protecting people who have been caught up and absolutely thrown to the wolves by this process. That’s what the test is.”
The Government reassured victims that if they spoke out at Leveson, the Government would act on his recommendations. Today, the Culture Secretary has announced that we must wait another 10 weeks while the reforms are discussed all over again in the context of a wider consultation on the press. The Opposition believe that they have been discussed and debated enough and should have been implemented years ago. The victims of press intrusion cannot wait a day longer for this Government to honour David Cameron’s promises to pass the then Home Secretary’s self-defined test. For the Culture Secretary to stand here today and announce a consultation into the press nearly 1,000 days after those reforms were agreed by party leaders is deeply regrettable.
As the Culture Secretary said, it is more than five years since the previous Prime Minister stood at the Dispatch Box and announced an inquiry into press practices and ethics. A lot has happened since then. We have had the Hillsborough inquiry and its findings on misleading police statements to Government officials and subsequently newspapers. We had the urgent question on Orgreave just this morning. We have had the case of Mazher Mahmood, the fake sheikh who perverted the course of justice to secure his scoops and in so doing left scores of previous convictions unsafe. Senior police officers have had to resign over phone hacking. We have had more information emerge about the brutal murder of Daniel Morgan, a private investigator who was threatening to reveal police corruption to the press. Over 30 police and public officials have been jailed for bribery.
Leveson 2 was meant to look at the relationship that existed between newspapers and police. Despite the exposure of criminality, it is impossible for the Minister to credibly conclude that we have learned enough about corruption to halt Leveson 2 before it starts. After all, one of the terms of reference for the second part of Leveson is
“To inquire into the extent of corporate governance and management failures at News International and other newspaper organisations, and the role, if any, of politicians, public servants and others in relation to any failure to investigate wrongdoing”.
In other words, Leveson 2 is the investigation into how the cover-up of phone hacking was conducted. In effect, the Culture Secretary is today announcing a consultation on whether the cover-up should be covered up. It is my view that the events of the past five years make Leveson 2 more urgent, not less. Leveson was created so that a Minster would not have to worry what pressure she was put under by newspaper editors. What the Secretary of State is doing today is abandoning that principle. She is taking back the power from an independent judge, and in so doing she opens up the Executive to accusations that they have succumbed to the vested interests of media barons—it is an age-old story and she is carrying the can.
I am afraid that the Secretary of State leaves us no choice but to ask her some searching questions. First, did the Prime Minister discuss the Leveson process at her private meeting with Rupert Murdoch in New York last month? Secondly, when the Secretary of State spoke to Lord Leveson earlier today, did he approve this hurried consultation? Does he agree with her analysis? Will she allow him to make a public statement? Finally, has she spoken to the parents of Milly Dowler and to other victims of press intrusion? What is their view of these proposals? Do they think this passes the Prime Minister’s test? Are we really protecting people who have been caught up and absolutely thrown to the wolves?
It is important that we balance respect for the freedom of the press and the public desire for high standards, accuracy and transparency. That said, does the Secretary of State agree that the protection afforded by section 40 would be available to Scottish litigants who chose to sue newspapers based in England and Wales in the event that section 40 was enacted? In the meantime, Scottish National party MPs will support the House of Lords amendment to the Investigatory Powers Bill that will introduce a new clause 9, on the back of clause 8, which was introduced as an SNP amendment.
“seek a fresh, more collegiate start.”
I would not expect the Secretary of State to take such an extreme position as the ex-editor of The Guardian, but does she agree that this consultation is exactly the right way forward and that it is an opportunity to take stock of where we are, to involve all interested parties and to see whether we can move on in a more consensual fashion?
“It doesn’t make sense any longer. Blanket bitterness stuck in a time warp. Most editors, like most politicians, with a soupçon of perspective, would know what to say about such impasses. Time to dismantle the barricades. Time to move on.”
I welcome my right hon. Friend’s statement. Does she agree that the members of IPSO—the press—could spare us a lot of grief and move the matter on if they were to enforce, through IPSO, a genuinely Leveson-compliant regime, including the provision of a low-cost arbitration service?
“We were in a very dark place. You think that it is as dark as it can get, and then you realise that there’s someone out there who can make it darker.”
The right hon. Gentleman made promises to Mr Foulkes, as did the Prime Minister at the time and the present Prime Minister. The right hon. Member for Wantage (Mr Vaizey) also made promises to Mr Foulkes and to so many others that, first, the commencement would start immediately, and secondly—no ifs, no buts—that there would be Leveson 2. Why on earth is the right hon. Lady reneging on all those promises made to the victims?
I want to commend my right hon. Friend for her excellent statement. She is clearly right to be reviewing this, because the system cannot be working when IMPRESS, funded by a degenerate libertine who was embarrassed by free newspapers a few years ago, has only 50 subscribers, and IPSO, representing the vast swathe of the press, has 2,500 subscribers. She is quite right to review that, and also right to defend the freedom of the press, which is more important than the press being responsible.
We in the House unanimously agreed to support Leveson part 1. Well, most of us agreed. Is the consultation, therefore, simply a tactic to get the press on board?
Bill presented
Health and Social Care (National Data Guardian) Bill
Presentation and First Reading (Standing Order No. 57)
Jo Churchill, supported by Alistair Burt, Maria Caulfield, Jeremy Lefroy, Ben Howlett, Will Quince, Rebecca Pow, George Freeman, Nick Thomas-Symonds, Karin Smyth and Liz McInnes, presented a Bill to make provision relating to the National Data Guardian for Health and Social Care; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 2 December, and to be printed (Bill 84).
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