Enterprise and Regulatory Reform Bill

Baroness Bonham-Carter of Yarnbury Excerpts

Monday 18th March 2013 Lords Chamber

[Baroness Hollins]

With freedom comes responsibility and that is what this is all about. It is extraordinary what has happened to this debate in the 100 days since Lord Justice Leveson’s rigorous report was published. For a time, the debate descended into what the Guardian last week described as,

“bipartite discussions between Conservative ministers and newspapers”.

Then it returned to public debate via the anachronism of the royal charter. But at last an agreement has been reached by all three parties recognising what has been clear to the victims of press abuse from the beginning—this is not party political but a cross-party matter.

I congratulate the leaders of all three parties on reaching an historic agreement to put the building blocks in place to enable the establishment and recognition of an independent and effective press regulator. Before Lord Justice Leveson reported, many people assumed that he would recommend a statutory body to hold the press to the standards they profess to believe in and statutory compulsion for newspapers to join it. However, Lord Justice Leveson did no such thing. Instead, he recommended that the press be given yet another chance to set up their own voluntary self-regulator. Some victims were taken aback but accepted this as the result of careful and diligent public inquiry. The only thing he did ask—perhaps it is the very least he could have asked—was for a body to be set up in law which would from time to time scrutinise whether the industry’s new body met certain tests of independence and effectiveness. He said that those news publishers that met those standards should have benefits in law to give newspapers an incentive to join. He carefully set out some recommendations to ensure that any new body was a real regulator and not just a beefed-up version of the Press Complaints Commission—a new body that would be independent of those it regulates and committed to upholding standards for the benefit of the public. These recommendations now seem to be faithfully reflected in the royal charter, as they are in the amendment in the name of the noble Lord, Lord Stevenson, and in the amendment in the name of the noble Lord, Lord Skidelsky, which may not now be needed. The issue of exemplary damages will also need to be dealt with.

Some editors have argued at every opportunity to weaken these requirements. However, as set out in these amendments, if the industry sets up a regulator that meets Lord Justice Leveson’s criteria, the recognition body would recognise it. If it does not meet the criteria, it would not be recognised. It is as simple as that. I have no doubt about the sincerity of those who said that the Press Complaints Commission was effective or of those who say that a new regulator could be established without this mild level of scrutiny. But the time for take-my-word-for-it regulation is over.

Your Lordships know that my family was deeply affected by the unrestrained power of the press to intrude and to distort. The fact is that I have been hesitant about speaking out on this issue for fear of the consequences for my family. This is some proof, if it were needed, that the issue is not about individual free speech but about institutional power—power which is so concentrated in the hands of a few that it can be used to undermine good journalism and good journalists.

I too respect Sir Harold Evans, an editor of high reputation, for having the courage to point out what he called the “amazingly gross distortion” of the Leveson report by his former colleagues in Fleet Street. There has been so much distortion and so little reason to trust. Very senior people appeared to have gone back on their word on this issue, seemingly breaking promises solemnly made to people who have been badly hurt. For all these reasons, it is essential that this amendment and the royal charter succeed. They offer a vital guarantee that Leveson will be implemented in full.

In an earlier debate, the noble Lord, Lord Alli, pointed out that sometimes leadership must come from the Back Benches. Noble Lords on all sides rose to that challenge. Speaking for myself and, I believe, for many others, I am grateful to those on all Benches who saw and acted on the need for reform and I should like to take this opportunity to thank noble Lords for supporting victims of press abuse. I would also like to place on record my thanks to Hacked Off for representing and supporting victims and for its tireless work which has helped to bring truth to power.

While the abuses of power from press companies have saddened and sometimes shaken us, the best journalism makes us all proud. I believe that the royal charter agreed today offers the best chance to ensure much more good journalism in the future.

[Baroness Bonham-Carter of Yarnbury]

I join in supporting this amendment. It actually underpins freedom of the press in that it stops future politicians in the form of privy counsellors interfering in the regulation of the press. I offer my thanks to my noble and learned friend Lord Wallace of Tankerness who I believe first suggested this solution in a letter to the Secretary of State. I commend my right honourable friend the Deputy Prime Minister for maintaining faith in the cross-party process and the Prime Minister and Leader of the Opposition for responding. We have achieved consensus on this hugely important matter, something both Lord Justice Leveson and the victims of press abuse particularly desired. This process has been a victory for working together and for the continued freedom of the press, as well as for the victims who campaigned so vigorously and courageously.