Investigatory Powers Bill

Lord Stoneham of Droxford Excerpts

Monday 11th July 2016 Lords Chamber

In conclusion, in 2015 the Conservative manifesto—a great document—itself recognised the importance of this issue. It was perhaps the first time a party had ever made a specific commitment to protect journalists and confidential sources, and I take great pride in that. However, it is now time to make good on that commitment. I hope that the Minister, who has, as always, been the soul of kindness and understanding in listening to concerns put to him, will accept this amendment or bring forward proposals on Report which will deal with this issue and protect free speech. As I said earlier, this is the time to get this right, and time is running out.

[Lord Stoneham of Droxford (LD)]

My Lords, I support the noble Viscount, Lord Colville, and the noble Lord, Lord Black, on this amendment. I was unable to speak at Second Reading but I have spent a lifetime in the print media, so I have particular concerns on this matter.

To enable the state to access and shadow every aspect of the work of journalists and media organisations and their sources undermines press freedom, the role of the media in a free society and their ability to hold the powerful to account. I think all noble Lords would accept that that is a major concern. Such powers chill freedom of expression, inhibit sources coming forward in future for fear of potential exposure to the state, and effectively curb the press. As the noble Lord, Lord Black, said, the key issue here is the protection of sources; that is critical to the work of a free press. There is also the aspect that by not providing protection you expose journalists to danger; both reporters and photographers will become targets if it is feared that the police or other state organisations have wide access to their material.

The noble Lord, Lord Black, said in particular that there is strong evidence that the RIPA powers, which we had concerns about when that legislation went through, show the need for extra vigilance. I hope that the Government will address that in their response to this amendment. I was quite surprised to see the statistics on the number of journalists who have been subject to this legislation’s powers. We are asking for one particular power, that there should be a right not only for the judicial commissioner to authorise these inquiries but that the media organisation should be informed that those powers are being sought; otherwise, those sources have no idea what the state is up to and no concept of having the power to challenge its interpretation of the public interest. There is clearly a public interest, as regards the media organisation as well, to ensure freedom of the press.

We therefore believe that these well-established legal procedures should be provided in the Bill as safeguards for the protection of journalistic activity, while we recognise that both the courts and the UK Parliament have long recognised the necessity for proper protection of non-confidential and confidential journalistic material and sources. That is why we asked the Government to look very carefully at this stage at the legislation. We welcome the efforts that they have made so far, but in view of what has happened with the use of the RIPA powers and the need for these additional safeguards, we hope that the Minister will respond favourably to the amendment.

[Lord Murphy of Torfaen (Lab)]

My Lords, the Joint Committee on the Bill—four Members other than myself, who chaired the committee, are present this evening—met journalists in evidence sessions. The Society of Editors and the National Union of Journalists met with the committee on 14 December last year, and of course many strong representations were made in writing to the Joint Committee on this very subject. The committee eventually recommended that,

“the Home Office should reconsider the level of protection which the Bill affords to journalistic material and sources”.

We recommended that it should be at least equivalent to that afforded by the Terrorism Act 2000 and by PACE, and that the Home Office should take into account the various aspects of the European Convention on Human Rights which affect this aspect of the Bill. I know that the Joint Committee on Human Rights has also made representations to the Government on this matter.

I support the amendment in the name of the noble Viscount, Lord Colville. His proposed new clause deals with wider protection from state surveillance, not just sources—for example, a politically sensitive investigation—in that it covers areas other than simply communications data; for example, equipment interference, and that orders should be sought from a judge, as with PACE. I congratulate the Government, as in Committee in the other place, Clause 73 was introduced, which made welcome changes to the Bill as it then stood. However, I agree with noble Lords who have already spoken that that is not quite sufficient and more needs to be done.

The issue the Joint Committee had to deal with was how precisely you define a journalist these days. It is very different from when I was a young man. With the advanced technology, what or who is a journalist? PACE defines it in some senses in that it at least refers to “journalistic material”. A journalist is,

“any natural or legal person who is regularly or professionally engaged in the collection and dissemination of information to the public via any means of mass communication”.

Therefore we can overcome these issues.

All the speakers so far have indicated that we are grateful to the Government for what they have done, but more could be done. I do not say that the precise wording of the proposed new clause in the amendment is the precise answer to where we are going, but Ministers—both here and in the other place—have indicated to me over the last couple of months that the Government are willing to look very carefully at how to ensure that journalists are properly protected under this legislation. It is certain that there should be no lessening of protection from what already exists under PACE. I fear that it is possible that that might be the case, unless we go a little further in protecting both the sources of journalists and their investigations.

I therefore hope that, when the Minister winds up, he will give us some joy and will indicate that, by the time we reach Report, the Government will have reconsidered some of these aspects and we will be able to ensure that this particularly important part of the Bill is dealt with properly.