Leveson Inquiry

Debate between Lord Thomas of Swynnerton and Lord Phillips of Sudbury

Friday 11th January 2013 Lords Chamber

[Lord Phillips of Sudbury]

My Lords, I rise as the tail-end Charlie in what has been a really admirable debate. It has demonstrated, if demonstration is needed, the extraordinary wealth of experience in this House because virtually every vantage point has been represented. I, too, commend the noble Lord, Lord Trees, on his maiden speech, not least because he delivered it without notes. I look forward to his contributions in the future.

Briefly, because it needs to be said, I must express my admiration for the press as a whole despite the miserable events to which the Leveson inquiry relates. I am someone who would say that, by and large, we have an admirable press that does admirable work. We should acknowledge in all humility that without the bravery of the Daily Telegraph, our own appalling failings would not have seen the light of day as soon as they were. It was a classic example of what is best in the press and, indeed, why there is a degree of tension between us as politicians and the press.

I have been involved with the press over many decades. I was lucky enough to be a trustee of the Scott Trust, which owns the Guardian, the Observer and a whole fleet of regional newspapers. I presented current affairs programmes for London Weekend Television and Anglia Television, and as a solicitor I have had a good deal of professional involvement, usually acting for members of the public and politicians who have been defamed by the press. I think that I have had a fair old view of the different issues and the practical problems that have to be confronted and dealt with.

We have all said how grateful we are to Lord Justice Leveson because his task was a formidable one which he has discharged formidably. In particular, his proposal vis-à-vis an ethical code, which has been referred to by other noble Lords, is at the heart of what should be a new beginning for the press, as indeed is the conscience clause that will underpin it and the whistleblowing protection which is also vital for the future. I happen to agree with those noble Lords—I think it is the majority—who have said, reluctantly, that statutory underpinning may be necessary. It is necessary and I have to say, too, that I do not believe that it is the thin end of the wedge. If I felt that, I would not go along with it. However, I believe that it is an essential coping stone to the new aegis. I am sure that, if and when the time comes, we will debate the matters with wisdom and, I hope, reach a sensible conclusion.

There is one main issue on which I take a different view from Lord Justice Leveson, which is over the role of the law in all this. In paragraphs 47 and 48 of the summary of his report—a 46-page summary, it must be said—he rejects the idea that the powerless state of affairs revealed by his inquiry was,

“caused by a failure in the operation of the criminal law”.

He goes on to add that:

“More rigorous application of the criminal law, however, does not and will not provide the solution”.

I would not say that it provides the solution but I do believe that a much more vigorous implementation of the laws we have, let alone the laws we might have, is essential. Most of all, it is essential for the press itself, as everybody agrees that it has reached a low ebb. It is vital that restoration of public trust in the press—which is so important, as indeed is public trust in us, the police and so on—must reside in the fact that the laws that we have must be implemented. However, they are notably not implemented.

It is not a fair question to put at this stage to my noble friend the Minister who will sum up, but it would be interesting to know how many provisions of the Regulation of Investigatory Powers Act 2000 or of the Data Protection Act 1998 have ever been enforced against the police. It is a besetting sin of this Parliament that we legislate as if there is no tomorrow—14,000 to 15,000 pages of new statute law a year with only 2,000 or 3,000 pages of repeals—and then take no interest in whether that law is implemented; or, if it is, with what consistency or results. I put it to the Minister that although I believe that Lord Justice Leveson has not sufficiently recognised the role of enforcement in his otherwise wise report, the Government should look at it very closely and intensely.

One instance which Lord Justice Leveson does refer to in his report is after Clive Goodman was prosecuted and convicted in 2006 and the police decided not to commence an inquiry because they were distracted by the more important matter of terrorism. It simply is not good enough that other priorities completely drive such an important estate as the press off the playing field, so to speak, in a case like that. It was a number of years later, and only after further revelations in the Guardian and the New York Times, that the police came back to this. I put this all on a par with the extraordinary and grotesque failure of HMRC to enforce our tax laws—with, again, awful results in terms of public confidence and for the Exchequer—and the awful failure of our regulatory authorities to enforce financial services legislation, which is abundant. I cannot exaggerate the huge importance of the impact. I believe that a few exemplary prosecutions and convictions, particularly of the bosses of the press—not just the little guy—would be galvanic. They could not be ignored. They would be noted. They would uphold and enforce the vast majority of journalists who want to do a good, honourable and ethical job. At this time of night, that is my main point and I am grateful for the chance to have this debate today.

[Lord Thomas of Swynnerton]

Before the noble Lord sits down, perhaps I might ask him why he can praise the press so warmly in the early stages of his speech, whereas very few newspapers and very few media give any attention at all to the doings of this House or the other place.

[Lord Phillips of Sudbury]

I think I heard the noble Lord: why do I praise the press when they give so little attention to the doings of this House? I am not sure that I agree with him that they give so little attention to this House and the other place. It is true that some of the red tops give precious little consideration but then they give precious little consideration to anything other than—I was going to be rude—