Lord Lipsey Portrait Lord Lipsey (Lab)
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That is right. He has succeeded; I have lost my thread.

If we had had more time or if the phrase “extended consensus” had been interpreted more widely, these matters could have been dealt with. In the end, we will end up with an unnecessarily flawed Bill and a subject to which an incoming Government—as long as they are not a Conservative one—will have to devote their time. We could have wrapped all this up today and adopted the compromise put forward by the noble Baroness, Lady Hollins. If necessary, we could even now improve that compromise by amending it at Third Reading. But we will not do so. The will is not there.

We are now seeing an elected dictatorship of two parties—my own, alas, and the Conservative Party—pushing through things that have not achieved consensus support simply, as I explained at Second Reading, for political advantage. This is a sad day not only for press regulation but for Britain’s democracy.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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My Lords, I rise briefly to associate the Green Party with the remarks of both the noble Earl, Lord Attlee, and the noble Baroness, Lady Hollins. The noble Baroness spoke up very clearly for the people with very little power who are being crushed by those with great power—the oligarchic press and media system, to which I have referred in previous speeches.

To pick up a point made by the noble Lord, Lord Lipsey, I often hear the phrase, “We are a self-governing House” said with great pride. “We are not ruled by the usual channels”—or at least we are not supposed to be. They do not represent large parts of your Lordships’ House.

Lord McNally Portrait Lord McNally (LD)
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My Lords, I thank the Minister and Members from all parts of the House for their good wishes about my health. I went into hospital yesterday morning for a procedure on a long-standing back complaint. It went very well and as I left, the doctor said, “Oh, you might find a bit of discomfort once the painkillers wear off”. Always listen to your doctor. I was really touched to read today’s Hansard. There were good wishes that you usually have to die to get in this House. I feel rather like Tom Sawyer in that respect.

The noble Lord, Lord Lipsey, is right—I am only going to speak to the amendments to Clause 50—as the notes issued by the House on the wash-up period state:

“The wash-up period allows a Government to enact essential or non-controversial legislation”.


Whatever else this is, Clause 50 is neither of those things. We all know it has been put into the Bill like a sore thumb, to fix a deal between the Conservative Party and the major newspaper proprietors. That is the wicked world in which we live.

Having served in government and in this House for well over 30 years, I cannot get excited about wash-up. George Woodcock, the great trade union leader of the early 1960s, said that good trade unionism is a series of squalid compromises; so is wash-up, I am afraid. I understand what we are doing today. If we did not have this rather crude end to a Parliament, even a general election period of six weeks would be eaten up by both Houses debating Bills. It is not the end of the world; there is another Parliament coming.

I can see that the noble Lord, Lord Black, is in his place. Like Don Quixote, he is ready to charge at the windmills of state control of the press. That has never been any part of Section 40, as the noble Baroness, Lady Hollins, explained in quoting the expert on the situation, Lord Leveson. I was the Minister in the Ministry of Justice who had responsibility for trying to put forward a solution to the problem of how you square the circle of press freedom and the power of big money in the press. I find it ironic that, at the end of this Parliament, we are being asked simultaneously to help the titans of the press to escape the bullying of SLAPPs—that is the use of big money to curb freedom—and at the same time those same press bodies are resisting attempts to give the ordinary citizen the protection from big-money press that they are asking for.

--- Later in debate ---
Lord Pannick Portrait Lord Pannick (CB)
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The reality of political life—the noble Lord knows this as much as I do—is that wash-up is a very difficult constitutional concept. However, that is what we have, and it is the only way of getting business through. Since the noble Lord asks me, I do not think this is contentious at all. I thought the provision of Section 40 when it was enacted was a disgrace.

Lord Pannick Portrait Lord Pannick (CB)
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Wait a minute. I have continued to consider so since, and my views are confirmed by the fact that we have all managed perfectly well for 10 years.

Lord Pannick Portrait Lord Pannick (CB)
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Give me a moment. I said I would give way, but I would like to finish my point. If the noble Baroness does not mind, I would like to finish my answer to the noble Lord and then I will happily give way to her.

Therefore I do not consider this contentious, because there is no conceivable justification for maintaining any part of Section 40. I happily give way.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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I thank the noble Lord for giving way, and I suggest that perhaps his tone is testimony to the degree of contention in your Lordships’ Chamber at this moment. I also contest the argument he makes that lots of examples have not been given. As was pointed out, examples were given yesterday in Committee, but your Lordships’ House is also very aware of the wash-up procedure and the need for speed, and people’s desire to progress. However, just to give the noble Lord one example, the NUJ—the National Union of Journalists—ethics and disabled members councils have written to IPSO complaining about its failure to address the way in which disabled people are covered by the media organisations that it is supposed to regulate, and asking for action. I have seen no sign of action. That is just one example, since the noble Lord asked for them.

Lord Pannick Portrait Lord Pannick (CB)
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That is a very sensitive subject.