Leveson Inquiry

Debate between Lord Lilley and George Eustice

Monday 3rd December 2012 Commons Chamber

[George Eustice]

Each and every one of those commissions and inquiries was sparked by the abuse of unaccountable power, and I would say that that is what we are seeing today. People sometimes say, “It was a newspaper that exposed phone hacking.” They are right—one newspaper exposed phone hacking—but Lord Leveson is very clear on this: none of the other papers exposed it, and there was almost a conspiracy of silence. He says:

“There were what are now said to be rumours and jokes about the extent to which phone hacking was rife throughout the industry, but (with one sole exception) the press did nothing to investigate itself or to expose conduct which”,

if it had involved anybody else,

“would have been subject to the most intense spotlight that journalists could bring to bear”.

That one exception was Nick Davies from The Guardian, who wrote a story on 9 July 2009 saying that the huge scale of the settlements being paid to some people in respect of phone hacking suggested that a cover-up had taken place. What did the Press Complaints Commission do about it? Did it then think, “Perhaps we should take a second look at this and investigate it”? No, it did not. As Lord Leveson points out, the PCC “condemned the Guardian” for running the story, which is extraordinary. I think that the Leveson report was a good report.

[Mr Lilley]

My hon. Friend has criticised the press for the fact that insufficient of them exposed hacking, but can he confirm that the Leveson report—if implemented in full, as he supposes—would not have stopped this sort of hacking, and would not expose it and would not have powers to do so, as Lord Leveson makes absolutely clear? So what is the relevance of my hon. Friend’s argument?

[George Eustice]

I do not think Lord Leveson does make that clear. The new body that he recommends would have powers of investigation, and that would deal with the culture which led to this criminality.

The central recommendation of Lord Leveson’s report, which we must not lose sight of, is this:

“In order to give effect to the incentives that I have outlined, it is essential”—

not preferable or helpful but essential—

“that there should be legislation to underpin the independent self-regulatory system”.

I agree with Lord Leveson on that, because throughout his inquiry one question simply would not go away: how do we make a reality of independent self-regulation without some kind of underpinning in statute? In other words, “How do you create the incentives to be part of a body that can fine you and deliver stiff penalties against you?” There was no question but that Lord Hunt and Lord Black failed to answer that test. At one point, Lord Black was suggesting that we could perhaps restrict membership of the Press Association and that people who did not sign up to this new body could be denied access to Government briefings or to accreditation for events. That would be very much a closed shop system, which Lord Leveson completely rejects.

The truth is that to make this work we will need some kind of statute, because the contract system outlined by Lord Hunt would be inherently unstable. It was suggested that the contracts should last for no more than five years, but such contracts, which require what the legal profession calls a constant supervision, are very difficult to enforce in a court. After five years, newspapers would walk away from that system and we would be in the same boat as we are in now.

If the industry has failed to come up with an answer that does not require statute after 18 months of thinking about it, what does the Secretary of State think that it will come up with in the next six weeks? I am deeply sceptical that it will come up with an answer.