Viscount Younger of Leckie
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Lord Stevenson of Balmacara
My Lords, the amendment is jointly in my name and that of the noble Viscount, Lord Younger of Leckie.
Although the words are overused almost to the point of lacking any meaning, today is, I believe, a historic one. In signing up to this amendment and agreeing to support its inclusion in the Bill, the Government are joining with the Opposition in putting in place an agreed, all-party, Leveson-compliant solution to the long-standing problem of how to regulate the press.
Taken together with the royal charter, which will recognise and certify an independent regulatory body for the press, this means that we are seeing the conclusion of 70 years of inaction, despite seven major reports. It is now up to the press to make this system work, in the full and certain knowledge that all political parties have agreed the proposals, that the victims are content and that polls continue to show that this is what the people of this country want.
In his report, Lord Justice Leveson proposed a framework that provided for the continuation of self-regulation by the press, but with a legal guarantee that self-regulation would be effective, independent and continue to meet high standards. However, the role of the law, the legal underpinning, was to be limited to setting up a body whose task would be to recognise the self-regulatory system and check it once every three years. Lord Justice Leveson said that that was essential to ensure that, despite all the protestations of a willingness to change and countless expressions of good intentions, the press did not once again slip back into their old ways, as they have done after all the other inquiries and reports.
There is no doubt that some parts of the press are attempting to derail these proposals, despite the fact that they deliver the Leveson principles, ensure that those who are wronged have an effective and cheap route to redress, and ensure a free and vibrant press. However, implementing the Leveson proposals does not censor the press. There is no recommendation for pre-publication regulation. It would not create “a slippery slope” to “a government-controlled press”. It would not restrict reporting or investigative journalism in the public interest. Quite the reverse. As Nick Davies, the Guardian investigative reporter who largely uncovered the phone hacking story, wrote after the report was published:
“From a reporter’s point of view, there is no obvious problem with the core of Leveson’s report, his system of ‘independent self-regulation’ ... There is a nightmare here, but it is for the old guard of Fleet Street. To lose control of the regulator is to lose their licence to do exactly as they please”.
The families who suffered press intrusion and gross violations of their privacy have been pressing for the changes that will in future protect people from what happened to them. The harassment and character assassinations laid bare before the Leveson inquiry were not mere technical breaches of the rules or victimless crimes. For many of the victims, appearing at the inquiry meant reliving the pain and trauma of their abuse by the press, but they did so with enormous courage and determination; and the stories they told made many people feel moved, incredulous, appalled and very, very angry. They included people such as: the McCanns who were falsely accused of murdering their missing child; the parents of Milly Dowler, who were given false hope that their daughter was still alive; John Tulloch, the 7/7 bomb survivor who was tricked into giving an interview; Christopher Jeffries, who was falsely accused of the murder of Joanna Yates; and the noble Baroness, Lady Hollins, whose daughter Abigail was hounded for stories following her tragic stabbing while out walking with her son.
It is important to remember that the voices heard in the inquiry represented just a small sample of press harassment and misrepresentation that became commonplace, week in and week out, for those struggling with tragedies in their lives who never sought to become the story. We should also remember that the public overwhelmingly support the establishment of an independent regulator, backed by law. That was borne out by a series of polls conducted prior to the publication of the report by the Media Standards Trust, Hacked Off, the Carnegie Trust and the IPPR. YouGov’s latest survey for the Sunday Times finds that 90% want a system that forces newspapers to print corrections when they say things that are not true. A smaller but still substantial majority wants to punish newspapers that opt out of a new system of regulation; and 62% want such papers to face damages of up to £1 million when they are found guilty of libel.
The sad fact is that the Leveson inquiry should never have been necessary, and the catalogue of incidents that were described and the many more that they represent should never have been allowed to happen. At the end of the day, we in Parliament have to be able to say to these victims that we have seen them right.
Your Lordships’ House has earned a justifiable reputation for keeping the recommendations of Lord Justice Leveson in the forefront of political thinking. Indeed, the former Leader of your Lordships’ House said on the occasion of the publication of the report in November 2012 that if the central recommendations of the report,
“can be put in place, we truly will have a regulatory system that delivers public confidence, justice for the victims, and a step-change in the way the press is regulated in our country”.—[Official Report, 29/11/12; col. 340.]
It has been 20 months since politicians from all parties came together to set up the Leveson inquiry. It is nearly four months since the report was published and all-party talks commenced, and here we are at the brink of introducing the results of that process. The Leveson proposals received near-unanimous approval when we debated the report in your Lordships’ House on Friday 11 January, and the House voted by a majority of 131 in favour of similar amendments to those that we are to consider at Report on the Defamation Bill.
This amendment, although it is couched in general terms, ensures that the agreed royal charter on self-regulation of the press may not be amended by Ministers through the Privy Council unless Parliament has given its prior approval to the changes. It is therefore an important entrenching measure, and I very much hope that it will receive support from Members of your Lordships’ House.
The royal charter published today creates a new, independent, voluntary system of self-regulation for the press. It is a welcome step, and the amendment ensures that this can be an enduring settlement, as it underpins the royal charter with the minimum amount of legislation needed to guarantee its success and independence over time. It is worth pointing out that while my amendment ensures that Ministers cannot tamper with the new system—for example, by watering it down under pressure from the newspapers—it also ensures that they cannot introduce new measures that would threaten the freedom of the press. There must be comfort in the fact that it works both ways.
Therefore, my amendment completes the virtuous circle of an all-party solution that is Leveson-compliant and is as entrenched in our constitutional arrangements as anything can be, requiring as it does a two-thirds majority in both Houses for change. In so doing, your Lordships’ House is fulfilling its proper role in scrutinising legislative proposals and offering the other place a chance to improve on what has been proposed. As the Prime Minister said a few minutes ago in another place:
“We stand here today with cross-party agreement for a new system of press regulation that supports our great traditions of investigative journalism and free speech and protects the rights of the vulnerable and the innocent”.
He ended by sending a message to the press. He said that, “we have had the debate” and reached our conclusions, and he added:
“Now it is time to get on and make this new system work”.
I beg to move.
The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Viscount Younger of Leckie)
My Lords, in advance of this debate, it may be for the convenience of the House if I explain the Government’s position on the amendment. Following the statement made in the other place today, I want to make it clear that the Government support the amendment. This measure is part of the announcement made by the Prime Minister, the Deputy Prime Minister and the Leader of the Opposition today in relation to proposals for a royal charter to recognise and certify an independent regulatory body or bodies for the press.
I am sure that noble Lords will join me in welcoming the successful conclusion to the cross-party talks which the Prime Minister set up following the publication of Lord Justice Leveson’s report. The Prime Minister has made it clear that the amendment before us is not statutory underpinning. The Prime Minister said all along that he wanted to avoid a press law which said what the recognition body is and what it does. That has been delivered. This is not statutory underpinning but a safeguard that says that politicians cannot meddle with this.
The clause put forward by the noble Lord, Lord Stevenson, to which I have added my name, establishes requirements for royal charter bodies established after 1 March 2013 which have functions relating to the carrying on of an industry. It will have the effect that the charter can be amended only if the terms of the charter are met and both Houses of Parliament agree. Let me be clear that this means that any royal charters created to date will be unaffected and that a royal charter created in future will be affected only both if it is a royal charter with functions relating to the carrying on of an industry and if it has requirements set out within it which require the approval of Parliament.
The press royal charter will be the only such charter in existence when it comes into force. It is the Prime Minister’s intention to submit the charter to the Privy Council for Her Majesty’s approval at the Privy Council’s meeting in May. This will deliver a new system of press regulation in this country. It is a system of tough, independent self- regulation that will deliver for victims.
Viscount Younger of Leckie
Perhaps I may be allowed to finish; I have just a few lines. It will ensure fines of up to £1 million, suitably prominent apologies, a standards code and a new arbitration service that will be free for victims. I will respond to points made in the normal way at the end of the debate, bearing in mind that this is the Report stage of the Enterprise and Regulatory Reform Bill, but I hope that noble Lords will support this important new provision.
Lord Foulkes of Cumnock
Can the Minister clarify one point in his statement? He said “this” country. Can he say whether this applies to the whole of the United Kingdom?
Viscount Younger of Leckie
I will certainly respond to that point at the end, in my concluding statement.
Lord Fowler
My Lords, I think there is something rather odd about the procedures of this House. It is no criticism of my noble friend at Question Time, but we all remember his rather cautious replies to questions. The first point to make is that all the detail was actually in the Evening Standard, which could be found in the Library. The second point is that it has now been confirmed that the Defamation Bill will be returning to the House and will go through the normal parliamentary processes. That is the point that I wished to establish when I asked about the Defamation Bill. It was totally uncontroversial and, frankly, I think that it could have been confirmed.
I should like to make the same point that was made by the noble Lord who opened for the Opposition. As he said, it is an historic day. This is a compromise solution, but it is a solution to which all three parties have signed up. We have all had to give up something, but that is what happens in compromises. Rather than one party or another making claims that they, and only they, have won, it would be much better to ensure that, by the rules set down, the scandals that have affected some parts of the press never happen again in this country.
This debate is not just about press freedom; it is also about the power of the press and the misuse of that power. That is why the News of the World was closed down, why journalists have been arrested and why dozens of victims of phone hacking have been paid very substantial damages. We now understand that even more victims have been discovered. It is a discreditable episode in the history of the British press, so it is not enough just to say, “I am in favour of the freedom of the press”, as dozens of editorials have been doing over the past months. In spite of the newspapers’ black propaganda about those of us who support Leveson, we all believe in the freedom of the press—there is no question about that. However, we are also in favour of effective measures to deal with the scandal of press intrusion that has been revealed over the past months.
Baroness Wheatcroft
My Lords, this compromise is to be welcomed, and I suspect that the majority of newspaper groups will take the differing interpretations being offered to enable them to sign up to it. It makes no difference whether it is underpinned by statute or by a royal charter protected by statute. Whether it is a dab or a little bit of statute, a workable compromise is being offered, and I welcome it. As somebody who spent a long career in newspapers, I have been appalled to learn—and it has been a process of learning—just what terrible things went on. We should remember that many of the worst things that newspaper groups got up to were criminal. What was wrong was not just their behaviour, but the failure of the police to deal with those crimes. What is going on now is far too late. It was the very close relationships between newspapers and some sections of the police which allowed things to fester for far too long.
It may well be that the climate has now changed, but it is not Leveson that will deal with that. Leveson—or the royal charter and the regulatory bodies that will come about as a result of that—will deal with a much greater wariness on the part of the press as to what and what not to write. That is not a bad thing; a degree of care beyond that which has been exercised in the past would be welcome. Although the damages may well be exemplary in some situations, believe me, what will frighten the press more than anything is the prospect of being directed to publish an apology or a correction with exactly the same prominence as they gave the original story. That will really make people think very hard. My question regards the internet, because what goes on in the media now, as Lord McAlpine would vouch, is far more online than it was even 10 years ago, and the trend is moving very fast. Can we expect anything to put online publishers in the same category as paper publishers?
The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Viscount Younger of Leckie)
My Lords, this is a defining moment in the future of press self-regulation and the response to Lord Justice Leveson’s admirable report. I am most grateful to Members on all sides of this House for their positive and encouraging comments on the conclusion of the cross-party talks. The Prime Minister committed at the outset to a cross-party approach as the best way to identify a strong and durable solution to the question of future press regulation. After many hours of probing and thorough discussion we have reached the conclusion we always hoped for: a tough, new, self-regulatory model that has the support of the Prime Minister, the Deputy Prime Minister and the leader of the Opposition.
A number of noble Lords have expressed concern about the impact of these changes on the freedom of the press, but we have been clear throughout this process that any solution we implement must protect press freedom, a vital pillar of our democratic society. This clause is an additional safeguard against government interference. Its purpose is to ensure that parliamentary approval will be required before a recognition body set up by royal charter may be amended or changed. Of course, Parliament is sovereign and no Government can bind their successors, but this is an additional step. We believe that it is a constructive and workable solution, which protects press freedom.
The charter lock clause applies only to charters that are established after 1 March 2013. Therefore, it will not apply to charters that were established before that date, even if they are amended in the future. It remains the Government’s position that a royal charter is the right vehicle for the BBC, which for many good reasons was established at arm’s length from politicians. As for the origins of the royal charter, a point raised by my noble friend Lord Fowler, I suppose I am equally happy if it came from a Times letter or a man on the Budleigh Salterton omnibus. The main issue is that we are there with it. Further, it is worth noting that there was extensive parliamentary engagement on the development of the present BBC charter.
I should like to pick up on a number of points made by noble Lords, and I shall commence with those of the noble Lord, Lord Foulkes. He asked whether this applies to the whole of the United Kingdom. He may well have said it, but I would hazard a guess that he had Scotland in mind. The Government are currently discussing these issues with the devolved Administrations and we will bring forward provisions to ensure that the territorial extent of this measure is clear.
Lord Foulkes of Cumnock
My Lords, can the Minister clarify that point? Most of us from Scotland would want it to apply to Scotland, just as it will to the rest of the United Kingdom. Is that the Government’s intention?
Viscount Younger of Leckie
I think I can best reply by saying that I shall stick to my previous remark, which is that talks are happening at the moment to work out a way forward. We need to come back on that particular question when we can.
Lord Cormack
My Lords, is it within the power of the devolved Scottish Government to ignore this or is it not?
Viscount Younger of Leckie
As I say, talks are ongoing, so it is best if I respond to noble Lords on the matter raised initially by the noble Lord, Lord Foulkes.
The noble Lord, Lord Elystan-Morgan, asked whether arbitration would be free to use for complainants. I can confirm that the charter provides that a self-regulator must provide an arbitration process that is free to use for complainants. The noble Lord also asked whether freedom of information would apply. Shortly we will debate an amendment on freedom of information, but the Government do not intend to extend the Freedom of Information Act to the regulatory body or, indeed, the recognition body.
Lord Elystan-Morgan
My Lords, the real question I raised is whether the royal prerogative in relation to charters, which is utterly sovereign, can be circumscribed in any way by any decision of Parliament. Has the noble Viscount obtained specific advice and information on that matter?
Viscount Younger of Leckie
No. The noble Lord deserves a full answer to that question. I think that the best thing would be for me to come back to him in writing.
Lord Wills
Before the Minister leaves this point, can he explain a little more about the Government’s thinking on why freedom of information will not be extended to the proceedings of this new body? It seems rather curious, when transparency is such a cardinal virtue, that it should be denied in the case of this body.
Viscount Younger of Leckie
I think it would be best to address that question in the next group of amendments. As I mentioned, we have tabled some amendments there and I will address the point then.
I believe that the noble Baroness, Lady Deech, raised the issue of dissolution. I think it is best if I quote from the draft charter:
“This Charter, and the Recognition Panel created by it, shall not be dissolved unless information about the proposed dissolution has been presented to Parliament, and that proposal has been approved by a resolution of each House. For this purpose ‘approved’ means that at least two-thirds of the members of the House in question who vote on the motion do so in support of it”.
That is how I read it.
Baroness Deech
With all due respect to the Minister, what I asked him about was this: what is to prevent the amendment that I imagine we are about to pass in order to bring the royal charter being repealed by a future Parliament of a different nature?
Viscount Younger of Leckie
I believe that there are safeguards in place, but I think that the best thing would be for me to respond to the noble Baroness with a succinct answer in writing.
Lord Morris of Aberavon
The noble Baroness, Lady Deech, made the point, as I did, that surely we are entitled to have the views of the Law Officers on this very important matter. It is a matter of long standing that you cannot bind a successor Parliament. A simple majority can overturn the whole of this mechanism, requiring a two-thirds majority in both Houses. I find it very difficult to understand and I may be wrong, but I should like an explanation. Moreover, I think that the House is entitled to one.
Viscount Younger of Leckie
I am certainly not denying that the House deserves an explanation, but I should reiterate that it is better to offer one in writing where the point will be presented thoroughly. I can certainly agree to do that.
The noble Lords, Lord Phillips and Lord Clinton-Davis—
Lord Clinton-Davis
The answer given by the noble Viscount to my noble and learned friend is not adequate. He should be able to reply on this fundamental point immediately, but he has not done so.
Viscount Younger of Leckie
I admit that the answer is not here, but I have pledged to write to noble Lords. We should remember that this debate has arisen out of an amendment to the Enterprise and Regulatory Reform Bill but, having said that, I am happy to answer questions raised today about this very important matter.
Lord Cormack
My Lords, I appreciate that it is difficult for my noble friend but the House is being invited to approve this amendment this evening, and therefore letters that arrive subsequent to any vote can have no effect. This Parliament can bind this Parliament; we all understand that. If there is to be any change, it must be made by a two-thirds majority in both Houses, but after 2015 there will be another Parliament. We really must have an absolute assurance from the Law Officers that they are confident that this will hold. I do not believe it will.
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.
Lord Reid of Cardowan
Before the Minister sits down, let me just say that I am absolutely sure that the questions that have been asked by noble Lords are predicated on their desire that this will be successful. However, they are also asked in the context, as the noble Lord, Lord Lipsey, pointed out, of those who may well decide that they wish to oppose applying the rules of this charter. Therefore, it is absolutely essential that this is thought through in fine detail. If we do not know whether it applies to Scotland—where, incidentally, one of our highest-selling newspapers is printed and published—if we are not sure whether we can bind successive Parliaments and if we are not sure whether constitutionally we can constrain the sovereign through a royal charter, it seems that, although we have absolute agreement on what we want to do, we may not have the nuts and bolts firmly pinned down. The reason why this is important is that, if there is any lacuna or window of opportunity through which people can remove themselves from the process, we should understand that some people will do so. I hope that, before this returns to us, the Minister will make sure that every single dot and comma is bolted down so that we have confidence not only in the will of the people and the will of Parliament, but in the fact that we have produced something that is operationally effective.
(e) an amendment, repeal or revocation made by Schedule (Abolition of Agricultural Wages Board and related English bodies: consequential provision) has the same extent as the provision amended, repealed or revoked, subject to subsection (5A).(5A) The repeals of the following provisions in Schedule (Abolition of Agricultural Wages Board and related English bodies: consequential provision) extend to England and Wales only—
(a) section 67 of the Agriculture Act 1967,(b) paragraph 32 of Schedule 2 to the Social Security (Consequential Provisions) Act 1975,(c) paragraph 10 of Schedule 4 to the Social Security Pensions Act 1975,(d) paragraph 12 of Schedule 17 to the Employment Protection Act 1975, and(e) paragraph 4 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992.”
( ) sections (Power to add to supplies protected under Insolvency Act 1986), (Corporate insolvency: power to give further protection to essential supplies), (Sections (Corporate insolvency: power to give further protection to essential supplies) and (Individual insolvency: power to give further protection to essential supplies): supplemental) and 78 extend”
“( ) section (ACAS: prohibition on disclosure of information);”