Investigatory Powers Bill

Debate between Lord Paddick and Lord Myners

Ping Pong (Lords Hansard): House of Lords
Wednesday 16th November 2016 Lords Chamber

[Lord Myners (CB)]

My Lords, I am pleased that my noble friend has taken the stance she has. She speaks of the constituency who feel that they have been treated unfairly by the press. I think we all recognise that. However, there is another constituency—those of us who have benefited from the work of a strong, independent, investigative journalistic cadre. I speak as a former chairman of the Guardian newspaper. Many of the stories that the Guardian has covered, which I believe deeply are to the benefit of its readers and society, may not have been written in the way they were had Section 40 been activated.

I see what has been written about Sir Philip Green by Oliver Shah in the Sunday Times as an example of journalism that would have been chilled by the impact of this section. This section is a charter for the venomous and the vexatious, the pernicious and the provocative, the scurrilous and the spiteful. I am grateful and pleased that the Secretary of State for Culture, Media and Sport has launched a public consultation so that we can again look at the advisability of applying a presumption in favour of the claimant, which will simply encourage the worst of litigation without achieving the justice that so many in this House seek.

[Lord Paddick (LD)]

My Lords, I am very grateful to the Minister, who has in part repeated what he said the last time we considered these issues. I raise again my concern that this public consultation is not, as he describes it, a serious consultation. I explained last time that Cabinet Office guidelines—I appreciate there are no rules, laws or regulations about it—say that consultations should be for 12 weeks; this consultation is for 10 weeks. Consultations should not run over a holiday period; this consultation includes Christmas and new year. Why does it not follow Cabinet Office guidelines?

I do not share the concerns of the noble Lord, Lord Myners. Like the noble Baroness, Lady Hollins, I emphasise that the majority in this House voted for her original amendment, and I am sure it will not be long before this House has another opportunity to vote to force the Government to implement the provisions of the Crime and Courts Act 2013 that protect innocent victims from unreasonable and unnecessary press intrusion. The Government should know that we on these Benches will support such a vote.