Enterprise and Regulatory Reform Bill

Baroness Wheatcroft Excerpts

Monday 18th March 2013 Lords Chamber

[Lord Clinton-Davis]

My Lords, I follow the remarks of my noble friend Lord Lipsey. In this debate, many important points have of course been made. I am troubled by dissension among certain organs of the press. I am not sure that I can be as optimistic as my noble friend about the consequences of that. I think that there is every possibility that those dissenting organs will decide to ride out the views of Parliament, and I am concerned that they might succeed in that direction. I hope not. I hope that the optimistic views of my noble friend Lord Lipsey will prevail, but what happens if they do not? I hope that the Minister will reply to that.

[Baroness Wheatcroft]

My Lords, this compromise is to be welcomed, and I suspect that the majority of newspaper groups will take the differing interpretations being offered to enable them to sign up to it. It makes no difference whether it is underpinned by statute or by a royal charter protected by statute. Whether it is a dab or a little bit of statute, a workable compromise is being offered, and I welcome it. As somebody who spent a long career in newspapers, I have been appalled to learn—and it has been a process of learning—just what terrible things went on. We should remember that many of the worst things that newspaper groups got up to were criminal. What was wrong was not just their behaviour, but the failure of the police to deal with those crimes. What is going on now is far too late. It was the very close relationships between newspapers and some sections of the police which allowed things to fester for far too long.

It may well be that the climate has now changed, but it is not Leveson that will deal with that. Leveson—or the royal charter and the regulatory bodies that will come about as a result of that—will deal with a much greater wariness on the part of the press as to what and what not to write. That is not a bad thing; a degree of care beyond that which has been exercised in the past would be welcome. Although the damages may well be exemplary in some situations, believe me, what will frighten the press more than anything is the prospect of being directed to publish an apology or a correction with exactly the same prominence as they gave the original story. That will really make people think very hard. My question regards the internet, because what goes on in the media now, as Lord McAlpine would vouch, is far more online than it was even 10 years ago, and the trend is moving very fast. Can we expect anything to put online publishers in the same category as paper publishers?

[The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Viscount Younger of Leckie)]

My Lords, this is a defining moment in the future of press self-regulation and the response to Lord Justice Leveson’s admirable report. I am most grateful to Members on all sides of this House for their positive and encouraging comments on the conclusion of the cross-party talks. The Prime Minister committed at the outset to a cross-party approach as the best way to identify a strong and durable solution to the question of future press regulation. After many hours of probing and thorough discussion we have reached the conclusion we always hoped for: a tough, new, self-regulatory model that has the support of the Prime Minister, the Deputy Prime Minister and the leader of the Opposition.

A number of noble Lords have expressed concern about the impact of these changes on the freedom of the press, but we have been clear throughout this process that any solution we implement must protect press freedom, a vital pillar of our democratic society. This clause is an additional safeguard against government interference. Its purpose is to ensure that parliamentary approval will be required before a recognition body set up by royal charter may be amended or changed. Of course, Parliament is sovereign and no Government can bind their successors, but this is an additional step. We believe that it is a constructive and workable solution, which protects press freedom.

The charter lock clause applies only to charters that are established after 1 March 2013. Therefore, it will not apply to charters that were established before that date, even if they are amended in the future. It remains the Government’s position that a royal charter is the right vehicle for the BBC, which for many good reasons was established at arm’s length from politicians. As for the origins of the royal charter, a point raised by my noble friend Lord Fowler, I suppose I am equally happy if it came from a Times letter or a man on the Budleigh Salterton omnibus. The main issue is that we are there with it. Further, it is worth noting that there was extensive parliamentary engagement on the development of the present BBC charter.

I should like to pick up on a number of points made by noble Lords, and I shall commence with those of the noble Lord, Lord Foulkes. He asked whether this applies to the whole of the United Kingdom. He may well have said it, but I would hazard a guess that he had Scotland in mind. The Government are currently discussing these issues with the devolved Administrations and we will bring forward provisions to ensure that the territorial extent of this measure is clear.