Investigatory Powers Bill

Baroness Hollins Excerpts

Ping Pong (Lords Hansard): House of Lords
Wednesday 16th November 2016 Lords Chamber

[Lord Lipsey (Lab)]

My 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.

[Baroness Hollins (CB)]

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.