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Baroness Hollins
Main Page: Baroness Hollins (Crossbench - Life peer)Department Debates - View all Baroness Hollins's debates with the Ministry of Defence
(7 years, 10 months ago)
Lords ChamberMy Lords, I will speak to all the amendments in my name in this group. The main one, Amendment 18, which inserts a new clause, is slightly revised from the version that was debated in Committee on 11 July. The feeling of the House then was that this should be brought back on Report and it was clear that I would seek to test the opinion of the House if there had been no progress by this stage. I am grateful to the Minister for meeting me and other noble Lords, including some of those engaged in 2013 with the Enterprise and Regulatory Reform Bill, the Defamation Bill and the Crime and Courts Bill, to discuss this matter,
The amendments have two functions. First, Amendments 15 to 17 amend the statutory tort in Clause 8 for interception of communications previously available under Section 1(3) of RIPA by making it applicable for use by victims of phone hacking or email hacking undertaken by third parties such as newspapers. The primary purpose of Amendment 18 is to provide costs protection in court cases for claimants as well as for Leveson-regulated news publishers with respect to these claims. The protection intended is equivalent to that which would exist for such claims had the Government commenced Section 40 of the Crime and Courts Act 2013. There has been no explanation to Parliament as to why the former Culture Secretary announced last October at a meeting of newspaper editors that he was not minded to commence Section 40. That represents a change of government policy, which both breaks the cross-party agreement and betrays promises made to both Houses and to press abuse victims.
As very brief background, I remind noble Lords that after the Leveson inquiry, to which my family and I gave evidence, Sir Brian Leveson recommended that any new regulator set up by the press should be accredited as independent and effective by an independent recognition panel, which would be wholly separate from Parliament and the industry. This panel was to be set up by royal charter rather than by statute, essentially as a concession to the press. His recommendations also dealt with how to provide incentives for newspapers to join an accredited self-regulator, since it was clear that press owners would not volunteer for effective and independent regulation, and how to provide access to the courts for press victims facing a deep-pocketed defendant. The Government accepted those recommendations but have failed to implement them.
Section 40 of the Crime and Courts Act would deliver those incentives and that access to justice. It should have been commenced before the exemplary damages sections, which were commenced automatically a year ago. The intention of the signatories to this amendment is to persuade the Government to commence Section 40 of the 2013 Act and to do so without delay. Naturally, if the Minister can reassure the House that Section 40 will be commenced before Third Reading, the amendment will not be pressed. I beg to move.
My Lords, earlier this afternoon in Amendment 10, the House accepted the principle of protection for journalistic sources. That seems very important, for reasons which I will not spell out but are well known. My noble friend’s amendments, in particular Amendment 18, propose a modest measure to balance Amendment 10 and I will try to explain why I think some balancing is necessary.
Noble Lords will note, as my noble friend has set out, that Parliament has already agreed a more extensive way of balancing this privilege for journalists with a comparable restriction. It was in Section 40 of the Crime and Courts Act 2013 but that section—we must remember that the principle has received cross-party support—has not been commenced. I do not comment on the reasons. The amendment cannot entirely remedy that oversight but it can go some way to balance the additional powers and protection given to journalistic activity, in the clause that we agreed earlier this afternoon, by limiting the costs against their misuse—by the media, that is, which refuse to be audited by an approved regulator.
The point is fundamentally simple: protecting journalistic sources is a profoundly important liberal purpose but the misuse of those sources, whether by invention, illegal interception of private communication or forms of blackmail and the like is not a good liberal cause. I believe that we need to balance this additional protection for journalistic sources with additional protection for those who are abused by journalists—or those posing as journalists—and then claim that the source was only invented or misrepresented, or that the information was obtained by criminal means. Those positions need to be not protected but audited. The new clause would achieve most of that purpose. It cannot achieve it all but, like my noble friend, I look forward very much to hearing what the Minister can tell us about progress on the possible implementation of Section 40 of the Crime and Courts Act, which would render this move redundant.
My Lords, I thank noble Lords for their support and understanding. I am, frankly, unconvinced by the Minister’s words. The Public Bill Office agreed the amendment as within the scope of the Bill. I am not just frustrated at the delay to commence Section 40; I am somewhat dismayed that Ministers are not yet up to speed on this issue. Perhaps I can help by briefly reviewing some of the past assurances and agreements.
Section 40 of the Crime and Courts Act was part of a package. This agreement was reached in March 2013, to avoid the Government being defeated in both Houses over delays in implementing the Leveson recommendations. We are being asked to consider a further delay. As the noble and learned Lord, Lord Wallace, reminded us, several other Bills were not then amended. I will not go through them again because I appreciate that time is short in this House. The amendment does nothing to weaken this Bill or affect security measures in any way. All the Government need to do is honour their commitment and commence Section 40. So many times over the past three years we have heard assurances that have come to nothing. It would be an injustice to victims if I passed up this chance to progress the intentions previously enshrined in the Crime and Courts Bill. Peers would not need to use this Bill to do the job if the Government had not used the device of non-commencement.
I assure noble Lords that I strongly support a free press, but freedom comes with responsibilities and claimants have rights, too. I would like to test the opinion of the House.
Baroness Hollins
Main Page: Baroness Hollins (Crossbench - Life peer)Department Debates - View all Baroness Hollins's debates with the Scotland Office
(7 years, 9 months ago)
Lords ChamberMy Lords, I had hoped not to detain the House, but last night the Government indicated, to my surprise, that they will oppose this amendment. I hope noble Lords will understand the need for me to set out some of the context.
The debate on Report was very clear about the intention of our amendments to Clause 8, and the large majority in the Content Lobby affirmed this. The noble Earl the Minister helpfully suggested that our original amendments, as drafted, may not achieve our stated objectives. I took advice from the Public Bill Office at some length to clarify the amendment, as allowed for in the Companion to the Standing Orders, at Third Reading. Amendment 1 today aims to ensure that costs protections will apply to new claims alleging illegal phone or email hacking by newspapers, as was originally intended and as was debated.
If the clause is amended today, it will implement, to the limited degree that we are able in this Bill, the court costs incentives and protections of Section 40 of the Crime and Courts Bill, which Parliament overwhelmingly agreed over three years ago. So far the Government have failed to commence Section 40, in breach of that cross-party agreement, so this amendment is just one tiny step towards bringing some much-needed balance into the system.
I refer noble Lords to the report issued to Parliament by the royal charter Press Recognition Panel only last week, which clearly and cogently emphasised why such changes are needed and called on Her Majesty’s Government to commence Section 40. We should remember that the independent Press Recognition Panel audits press regulation; it is not a regulator.
I have had discussions with senior members of Her Majesty’s Government, who contacted me to persuade me not to pursue this amendment on the grounds that it may somehow delay Royal Assent for this important Bill, which has as one of its primary purposes the aim of improving national security. However, given the huge support that the amendments have received so far, I am not minded to give way to this pressure. Very briefly, I will explain why.
One argument being made by the press recently that small local newspapers will be at risk from Section 40 is wrong. Newspapers can simply choose to join a recognised regulator and get the same costs protections that the public will get, unlike newspapers that choose not to join. Since we last divided, there is now a recognised regulator: Impress. The limited amendments to this Bill will not affect small newspapers adversely at all—they do not hack phones. The local newspaper threat is a smokescreen. The protests are really coming from the big newspaper groups, which own most of the regional papers and in effect are using them as newsprint shields. It is the big companies preventing the small papers that they own from seeking the costs protection that flows from membership of a recognised regulator. It is precisely the small papers that will benefit from Section 40 protection—they will be much better placed to practise good investigative journalism—unless they choose voluntarily not to seek that protection. That should be their choice.
This is now urgent. Now that Impress has been recognised, many independent small publishers that are already Impress members are suffering actual detriment from the non-commencement of Section 40, and victims of non-Impress newspapers are not getting the costs advantages they were promised. It is complicated. A central theme in the Leveson report and the cross-party agreement to implement it was how to prevent political interference in press regulation in the interests of free speech. That is why the independent Press Recognition Panel was established, which is politician free. But political interference by the Government is what we are now seeing, with the Secretary of State holding the starting gun for the commencement of Section 40. The Secretary of State appears to accept that IPSO is nowhere near good enough but believes that political pressure will force it to improve to a point where it is on a par with Impress.
On behalf of victims of press abuse, the general public, newspaper readers, front-line journalists and those of us who gave evidence to the Leveson inquiry, I call on the Government to commence Section 40 as they promised to do when this House and the other place overwhelmingly passed it into law. If the Government do so now, we in this House will not need to see the Bill again. But if there are problems with the amendment which might affect security in some way—unbeknown to those of us who have added our name to it—perhaps the Government could meet me and interested parties, and allow a few days’ latitude to get this right. I beg to move.
My Lords, briefly, I support the noble Baroness. My understanding is that this amendment has been tabled because of a drafting issue in the amendment that was overwhelmingly passed by the House, on the basis of the principle of protecting those whose phones have been hacked into by newspapers which have not signed up to an independent complaints system. It is also because the original amendment applied only to private communication networks; Amendment 1 would change it to public communication networks. There is no question at all of a change in principle. I therefore do not understand why the Government would not agree to support this amendment, which is clearly simply to correct that drafting issue. On that basis, we will support the noble Baroness.
My Lords, we discussed this issue in some detail on Report. As we previously made clear, the cause of action, or tort, provided for in Clause 8 is intended to replicate the safeguard in the Regulation of Investigatory Powers Act 2000. This focuses on circumstances where an individual’s communications are intercepted on a private telecommunications system by a person who has the right to control the operation or use of that system. This was a necessary safeguard to protect individuals, in very limited circumstances, where their employer may unfairly be intercepting communications on a company’s internal computer system, which is not within the scope of the offence of unlawful interception.
A number of noble Lords have spoken about the objective of the amendment. With great respect, the fundamental difficulty is that it really has nothing to do with the purpose or purposes of Clause 8. It is not, as the noble Lord, Lord Paddick, suggested, simply a case of deleting “private” and substituting “public” , or of seeking to amend the proposed amendment at this stage or to improve it—it simply has no place in the clause. Clause 8 was not intended to regulate the press or to deal with awarding costs in circumstances where such a case is brought against a publisher. It simply has no application in this context. I quite understand the concerns about Section 40 that have been expressed, and the question of commencements is understood and is under consideration. But to amend Clause 8 in this way is to ignore the very purpose of this part of the Bill.
The Bill already provides for a criminal offence where an individual has unlawfully intercepted communications. An individual convicted of such a crime is liable, on conviction on indictment, to imprisonment for a term of up to two years, a fine or indeed both. So anyone carrying out phone hacking would face, under this Bill, a criminal conviction. That is a significant penalty and, in our view, the appropriate penalty for such an offence.
As we made clear in the previous debate, there are already avenues for individuals to pursue civil claims against those who carry out unlawful interception such as phone hacking. For example, cases have been brought on the grounds of misuse of private information. Although I agree with the noble Baroness that the outcome of Leveson and press regulation are very important issues, I maintain that this Bill, and in particular Clause 8, is not the appropriate place to deal with them. I therefore invite the noble Baroness to withdraw her amendment.
My Lords, thank you for contributing to our understanding of this problem a little further. At no point has the House been told that the amendments are not in scope. In fact, it was suggested to me over the weekend by members of Her Majesty’s Government that I should seek instead to place such amendments within another Bill, such as the Digital Economy Bill. I sought advice from the Public Bill Office but, after considering the matter at length, it advised me that that was not possible and they would not be within the scope of the Digital Economy Bill.
If the House supports the amendment today, as I hope it will, I will be more than happy to work with the Government to find a wording which does no more than provide for as much of the Section 40 costs incentives as could be provided in the scope of the Bill without going any further. I would not be asking the House, in ping-pong, to do anything that destabilises anything else in the Bill. The best solution, of course, would be for the Government to commence Section 40, as they promised and as they should. Then, we could drop all the amendments. It is the Government’s choice and always has been.
On previous occasions when I have had drafting difficulties—and this is a complicated Bill—Ministers have been most helpful in achieving the intentions of your Lordships’ House. I wrote to the noble Earl, Lord Howe, asking whether there were any technical difficulties with the amendment, and the answer was no.
I am not content with the answer given by the noble and learned Lord, and I wish to seek the opinion of the House.
Baroness Hollins
Main Page: Baroness Hollins (Crossbench - Life peer)Department Debates - View all Baroness Hollins's debates with the Ministry of Defence
(7 years, 9 months ago)
Lords ChamberMy Lords, it will not be that soon. My understanding is that it will not be until after the mini-Recess that we would come to debate these matters again, should the House support the noble Baroness.
Many honourable and right honourable Members in the other place spoke of how this vital Bill was not the place to consider the important, but unrelated, matter of the regulation of the press. They were right to do so. I say to the noble Baroness, Lady Hollins, that the issues she has raised are of critical importance. She herself was treated terribly by rogue elements of the media. As the Secretary of State for Culture, Media and Sport acknowledged yesterday in the other place, we know that in the past some elements of the press abused their position and ignored not only their own code of practice but the law. It was clear to all that there needed to be change.
However, a free press is also an essential component of a fully functioning democracy. The press should be able to tell the truth without fear or favour and to hold the powerful to account. A number of those who spoke in the debate in the other place yesterday made the point that the press self-regulatory landscape has changed significantly over the past four years, since the Leveson inquiry reported. It is therefore surely right that the Government now take stock, look at the changes which have already taken place and seek the views of all interested parties on the most effective way to ensure that the inexcusable practices which led to the Leveson inquiry being established in the first place can never happen again. I hope that noble Lords who have spoken so passionately on this issue will take the opportunity to contribute to the consultation in order that we get a broad range of evidence on which to make decisions.
I am the first to acknowledge that the issue of press regulation is a vitally important one. It deserves the fullest consideration, consultation and debate, but the Bill is vitally important as well. It will provide our law enforcement and security and intelligence agencies with the powers that they need to keep us all safe. I contend strongly that this Bill is simply not the place to try to regulate the press. Given the events of yesterday and the new consultation, which is the right way to approach the issue of press self-regulation, I invite noble Lords not to insist on the amendments that have been tabled and not to delay further the passage of this vital and world-leading legislation, which is essential to the safety and security of us all. I beg to move.
My Lords, it is with regret that I return to my initiative one more time. I suggest that we do have time to consider it and I will speak to my Amendments E1, F1 and G1.
The issue at the heart of these debates remains simple: there was a widespread criminal conspiracy involving, it now turns out, more than one newspaper group. It lasted, and was covered up, for many years. It was combined with unexplained failures in police and prosecution action and allegations of political involvement in a cover-up. As a result, there was a public inquiry—the Leveson inquiry—and in 2013 a cross-party agreement was signed, committing Her Majesty’s Government to implementing its recommendations. As a result of that agreement, this House withdrew cross-party amendments to the Enterprise Bill and the Defamation Bill.
Baroness Hollins
Main Page: Baroness Hollins (Crossbench - Life peer)Department Debates - View all Baroness Hollins's debates with the Ministry of Defence
(7 years, 9 months ago)
Lords ChamberMy Lords, the Commons has spoken and we must, as usual, bow the knee, even if it took us twice to get round to it this time. I take some consolation from what the Minister said, because at least the consultation document is something concrete which has an end date. However, we know that Governments can take an awfully long time after the end date of consultations deciding and announcing what they are going to do, and the present situation is very unsatisfactory. Section 40 sits there in the ether, with nobody knowing whether it is in or out, and we get rumours in the papers about the Government’s purported attitude. This is not how this matter should be dealt with; it should be dealt with quickly.
If anyone thinks there is no problem now with the press post-IPSO, they should read the coverage of what has happened to poor Prince Harry and his girlfriend. With the privacy issues involved in that, do they really feel that this shows—although there are, no doubt, two sides to the case—that the press has put its badnesses from the past behind it? I submit that they should not. This is a matter that requires urgent treatment—although I agree, not in the Bill.
My Lords, I should like to acknowledge the thoughtful contributions to debate on the amendments in my name and that of my noble friend Lady O’Neill, both on Report and at Third Reading. These amendments aimed to hold the Government to account over their failure to commence Section 40 of the Crime and Courts Act 2013, a key element of the post-Leveson inquiry cross-party agreement. The vote on Report, on what was only the second day back after the Recess, was passed with a majority of 102. I am told that this was the joint fourth highest majority in the House this Parliament. I was very grateful, in particular, to noble Lords on the Conservative Benches who either voted content or spoke in support of what we seek to achieve. The size of this majority made the Government take note and I welcome that acknowledgement by the Minister today.
Just before the Lords reasons were debated in the other place, the Government, perhaps fearing a rebellion among their own MPs, attempted to head this off by announcing a sudden and short consultation on whether to commence Section 40 at all. The idea of a consultation is somewhat astonishing for three reasons. First, Section 40 was enacted by Parliament three and a half years ago, and there was no doubt then that the Government would do anything other than follow the normal constitutional practice of commencing a law passed by Parliament, especially since the terms of Section 40 were part of a formal agreement signed by the three party leaders at the time.
Secondly, the consultation will consider whether the Government should cancel the promised Leveson part 2. Part 2, as has already been agreed, is intended to look into allegations of police corruption and corporate press cover-up underpinning the hacking scandal, the reporting of Hillsborough, why police and public officials were convicted of taking bribes from newspapers, police co-operation over scores of controversial convictions and much more.
Thirdly, two important conclusions of the Leveson report were that the era of political deal-making between politicians and the press must end, and that the Government should have no future influence over press regulation. My concern is that this cross-Parliament agreement may have been turned on its head by a consultation which has to consider whether to listen to the press lobby or listen to the ordinary victims of press abuse, who are relying on Parliament to give them the protection they need. This is relevant to noble Lords’ contributions to this consultation.
In the Commons, the Government suffered something of a rebellion, with a number of Conservative Members speaking out for Section 40, but they still sent the Bill back to us. On 2 November we asked the Commons to think again and they did so yesterday. The impression given by some in the other place was that I was raising this issue to protect celebrity victims of press intrusion or their families. Of course, celebrities, the Royal Family and our judiciary are entitled to a degree of protection from an intrusive tabloid press but, like the newspapers, many celebrities have expensive lawyers to protect them. I am pleased, therefore, that what I heard in debate was concern mainly for the vast majority of victims of press intrusion who are ordinary members of society, usually previously unknown, who do not have access to the remedy they need to protect themselves from unethical and unlawful newspaper conduct. People such as the Dowler family, Christopher Jefferies and the McCanns—I have met these and many more—whose privacy has been invaded and against whom huge injustices have been perpetrated, all in the interest of selling newspapers.
I may be unelected but I seem nevertheless to represent a constituency of vulnerable people whose stories are not being heard by some of those who, although elected, seem to prefer to defend big media. I am not seeking to punish; I am waiting for the regulatory change that the Leveson inquiry showed is needed, as well as a culture change that would require the press to tell the truth if it is in the public interest and has been obtained by legal means. I emphasise that “of interest to the public” is not the same as “of public interest”.
The feeling expressed eloquently by the Minister is that this is the wrong Bill for this amendment. Respecting the important work that has been done on the Bill and its crucial purpose in protecting us all, I do not intend to divide the House. I can hope and be reassured that the Government will show your Lordships’ House and procedural propriety equivalent respect by commencing laws that have received Royal Assent. I thank the Minister for his courteous response and thank many other noble Lords who have given me huge personal support and encouragement during this debate. I intend to return to this matter on a more suitable Bill in the future.
During the consultation period, I urge the Government to take note of the serious concerns expressed by your Lordships and to find a way to listen to the voices of ordinary people who will not have the resources at their disposal that will be deployed by big corporations. Discerning the truth should not be difficult; however, the loudest voices may not be the most valuable ones to listen to.