Public Confidence in the Media and Police

Lord Foster of Bath Excerpts

Wednesday 20th July 2011 Commons Chamber

[Mr Don Foster (Bath) (LD)]

I have great respect for the right hon. Member for Manchester, Gorton (Sir Gerald Kaufman), but I regret his speech today. It was in marked contrast to the tone throughout the debate, which was rightly set by the Prime Minister and the Leader of the Opposition in their opening remarks. They made it clear that both major parties have made huge mistakes in their dealings with the media over the past 20 years. The right hon. Member for Manchester, Gorton seemed to want to suggest that it was entirely one-sided, but I could refer to a long list, from Tony Blair’s flight to see Rupert Murdoch on Hayman Island in 1995 to Sarah Brown planning a party for Rebekah Wade. Surely the right hon. Gentleman accepts that today we have heard both major political parties saying they have made mistakes and that they are willing to work together to sort out the mess.

[John Mann (Bassetlaw) (Lab)]

Will the right hon. Gentleman give way?

[Mr Foster]

I will in a minute.

We join both major political parties in saying that it is vital to acknowledge that there are some very good police officers and journalists, sadly including many who have lost their jobs because of what happened at News International.

[Sir Gerald Kaufman]

I agree entirely with the right hon. Gentleman that there are wonderful police officers—as there are in my constituency—and outstanding journalists, who have played an important part in this episode. I said to the hon. Member for South West Bedfordshire (Andrew Selous) that if Tony Blair had misbehaved, and that includes the visit to Australia, I disapproved. However, the current Government have had a greater cosiness with one newspaper empire than any other Government I have known.

[Mr Foster]

I regret allowing the right hon. Gentleman to intervene because, yet again, he is trying to engage in the party political knockabout for which the public will not forgive us. They want us to get on and sort out the mess. They want the police inquiry to get under way and be done properly this time around. They want the judge-led inquiry that my right hon. Friend the Prime Minister has set up to do its work as quickly as possible.

Yesterday we saw the excellent work of both Select Committees in their investigations. Sadly, we learned relatively little from the Culture, Media and Sport Committee. We got the welcome, but well-rehearsed contrition. We found that The Sun cannot tell the difference between a custard pie and a paper plate full of foam. We discovered that, bizarrely, Glenn Mulcaire’s legal fees continued to be paid. Thank goodness it has been announced that, as of today, those fees are no longer being paid. Above all, we discovered that there should be genuine concern about the corporate governance of News Corporation. We need to address that concern and its implications for us.

The Prime Minister rightly said that we must consider competition legislation—we certainly must. He also rightly said that we must consider plurality. I say to my right hon. Friend that we must consider not only when the test is applied—the Secretary of State for Culture, Olympics, Media and Sport has already committed the Government to doing that—but what the plurality rules cover. I think that all hon. Members recognise that we currently base the definition on news and current affairs. Yet surely all hon. Members also acknowledge that a powerful drama can transform how we view our world and each other, and that a powerful comedy can have the same effect. When we consider plurality, we need to widen the remit of what is covered so that it is not confined to news and current affairs.

[Damian Collins]

The right hon. Gentleman may have been coming to the point that I am about to make, in which case, I apologise, but does he also agree that strong media companies have the budgets to invest in new creative content and talent, which are important to the entire industry?

--- Later in debate ---

[Mr Foster]

My hon. Friend is right, but the other point that I want to make is that we need to reconsider the fit and proper persons test. If we have real concerns about corporate governance, we should be able to test whether a corporation—an owning organisation—is fit and proper to own, for example, BSkyB or parts of it. I think that we should consider whether News Corporation is fit and proper to own not only more shares in BSkyB, but its existing 39% of shares.

I am pleased that my right hon. Friend the Prime Minister is here because I have some concerns about one aspect of his announcement today. He announced the possibility—depending on certain circumstances—of extending the judge-led inquiry’s remit to cover other forms of broadcasting and social media. Before the debate, my concern about that was relatively simple. The issues are so complicated that extending the remit would lengthen the time of the inquiry for such a long period that we would not get on and tackle matters. We should consider some of the concerns that people have raised separately, as part of developing the communications Bill in the next 18 months or so.

What really worried me today, however, was the fact that it became increasingly clear from some of the comments made by colleagues on the coalition side of the House that there was another motive, potentially, for what was to be added to the remit. Some of the remarks attacking the BBC and its independence and its high-quality work make me wonder whether some people on the coalition Benches are seeking to—wrongly, in my view—clip the wings of the BBC. I hope that is not the case.

Let me briefly mention some comments that have been made about the need for what the Prime Minister called independent regulation. The whole House would accept that the Press Complaints Commission has been a failure. Many examples of its failure have been cited. The fact that the Richard Desmond newspapers—the Express and the Star—can simply walk away of their own volition is a pretty good reason for saying that it has failed. The fact that it cannot conduct investigations is another, as is the fact that it cannot fine.

Today we have heard some very helpful lists of ideas of how we can move forward. I particularly welcome the speeches by the right hon. Member for Blackburn (Mr Straw) and the Chair of the Culture, Media and Sport Committee. It is crucial that the new, independent body that replaces the PCC has the ability to carry out investigations, and that it has a much more powerful system of redress, including requiring the payment of fines, but I would warn the House about the way in which “independence” can be interpreted by some people.

I recently looked back at the MacTaggart lecture given by James Murdoch, who only yesterday appeared before the Select Committee to give evidence. The House might be interested to hear a small extract from what he said in that lecture:

“Yes, the free press is fairly near the knuckle on occasion—it is noisy, disrespectful, raucous and quite capable of affronting people—it is frequently the despair of judges and it gets up the noses of politicians on a regular basis. But it is driven by the daily demand and choices of millions of people. It has had the profits to enable it to be fearless and independent.”

He goes on:

“The only reliable, durable, and perpetual guarantor of independence is profit.”

I fundamentally disagree with him, and I would urge people who are looking at how we progress, for example, our creative industries, not to believe that the removal of all regulation will enable the right sort of growth—the growth that we want. It is crucial that we have, for all parts of the creative industries, including and in particular the press, appropriate regulations. That is why the Prime Minister is absolutely right to talk about regulation—yes, by an independent body, but that regulation is needed.

We have spent a lot of time discussing the way forward in terms of regulations and new structures, but it is crucial to remember that we are at present gravely concerned about the illegal activity that has taken place, and that is why it is crucial that everyone be required to contribute fully and provide full evidence to the investigation. Let us hope it is a better investigation than the one by the police last time around.

[Several hon. Members]

rose—