Enterprise and Regulatory Reform Bill

Lord Lucas Excerpts

Monday 18th March 2013 Lords Chamber

[Lord Wigley]

My Lords, I intervene very briefly to indicate that it is not just the three main parties that have taken an interest in this. To the extent that it has been possible for my colleagues in another place to be in communication with the larger parties, we are grateful to have been in on the arguments.

I added my name to the subsequent bank of amendments, which may or may not be necessary now, so perhaps I may raise two questions to the Minister. First, will any new commission or regulatory body be subject to freedom of information applications? Secondly, can we have an assurance that any arbitration service will be free for claimants to use so that ordinary people can have their opportunity to get redress against being abused by the media?

[Lord Lucas]

My Lords, I am concerned that the words,

“with functions relating to the carrying on of an industry”,

may introduce a lacuna into this amendment. I am not at all sure that we are dealing with an industry now, and I am certainly not at all sure that what we will have in a few years’ time can be described as an industry. The press function in society is undergoing radical changes and may well emerge in a completely different form. The royal charter, as we have it at the moment, seems to anticipate that. So I wonder why we have those words in there. It merely allows someone to argue that this thing that we are regulating is not actually an industry, it is an activity. I cannot see why those words add anything or are necessary. It seems to me that they make this amendment vulnerable to a Government sidestepping it by just saying that it does not apply because it is not an industry.

I am grateful for the advice of the clerks that I do not need to pursue this by means of a manuscript amendment to a manuscript amendment. This being a subject that has been introduced for the first time at Report, we are allowed to pursue amendments at Third Reading. At the moment, I certainly intend to take that course.

[Lord Morris of Aberavon]

My Lords, I add my concerns to those just expressed regarding the requirement of a two-thirds majority in both Houses. I was a little baffled when I read this for the first time. Perhaps we could have an explanation of how it will work in practice. Our understanding, gained from student days, is that no Parliament can bind its successor. If another Parliament, by a simple Act of Parliament—in Churchillian terms, by a majority of one—deletes this provision, then this cannot stand.

I am sure that greater minds than mine have considered the matter and that we can have an explanation, but the House deserves one on this point of how it will work in practice, given past practice that you cannot bind a successor Parliament.

--- Later in debate ---

[Viscount Younger of Leckie]

I am most grateful to the noble Lord, Lord Low, and indeed the noble Lord, Lord Stevenson, for their interventions. All I can say is that I have pledged to write to noble Lords to clarify the position further. The position at present is that Parliament cannot bind its successors. However, as the noble Lord, Lord Stevenson, said, we have confidence that this will be an enduring settlement.

The noble Lords, Lord Phillips and Lord Clinton-Davies, suggested that members of the press could side-step the self-regulatory umbrella. They could do that, but at their peril. To pick up the point made by the noble Lord, Lord Lipsey, those members of the press who chose to do so would be more likely to lose respect and therefore circulation and they would be liable to greater punitive costs.

Several of your Lordships raised the issue of entrenchment—that is the description that is used. Parliament is sovereign, so could this provision be amended in future? As the noble Lord, Lord Stevenson, rightly recognised in opening this debate, we cannot bind future Parliaments, but we have every confidence that this will be an enduring settlement, which is just a reiteration of what I said a few moments ago.

The noble Lord, Lord Low of Dalston, asked whether the regulatory body would be subject to interference from the press. As the charter sets out, the recognition panel will be independent of the press and will not be subject to any interference.

Noble lords have raised a number of points about whether this is indeed a statutory underpinning of the regulatory body. We may disagree about whether this clause is statutory underpinning, a “dab of statute” or something that avoids politicians fiddling with the royal charter, but I hope that we can agree that the agreement between the Prime Minister, the Deputy Prime Minister and the leader of the Opposition is something which we can all support and which will deliver the tough press regulation that we all want to see.

[Lord Lucas]

Before the noble Viscount sits down, may I hope for an answer to the question that I asked? A letter will suffice.

[Viscount Younger of Leckie]

I pledge that a letter will indeed be written to my noble friend.