Media: News Corporation

Baroness Kennedy of Shaws Excerpts

Friday 15th July 2011 Lords Chamber

[Baroness Kennedy of The Shaws]

My Lords, I, too, had originally scratched. I apologise to the House because, like others, I had understood that the debate was to start much later. I am grateful for the short time that I shall take.

I adopt the arguments made by many about the terrible conduct that has led to the creation of the judicial-led inquiry. For me, it is about the debasement of our values. It is interesting to note that three crises have come to light in as many years involving our financial system, our political system with the abuse of allowances, and now our press. That tells us something about the power of the masters of the universe and of big money, and how it corrupts our society.

I want to touch on an important point about the judicial inquiry, which will have two phases. I fear that the second phase, about shedding light on corrupt practices, will be kicked into the long grass and that it is likely to be many years before we get to the bottom of what really has gone on. I therefore urge that through the auspices of our political leaders, the judicial inquiry in its purview will have the opportunity to provide immunity to journalists who have felt ethically compromised by the conduct within their newspapers, and who might be willing to give evidence but do not want to be in fear of prosecution and of mightier powers. We must give them assurances that they will not be vulnerable, because only by doing so are we likely to get to the bottom of the corruption. I hope that our law officers will give guidance on that. It is not a practice that is usually undertaken in this country, but it will perhaps be important if we are to flush out the full extent of the abysmal corruption that has taken place.

I also hope that the inquiry will be properly resourced. Sue Akers, the police officer who is currently undertaking the inquiry into phone hacking, says that the police have 12,800 names to go through and that only 30 or so can be dealt with each week. It will be a monumental task, and I therefore ask that real resources are put into it because of the fundamental role that a proper and ethical press plays in our democracy. Thank you.

--- Later in debate ---

[Baroness Garden of Frognal]

My Lords, I, too, thank my noble friend Lord Fowler for securing this debate and I commend his persistence. We should all be delighted that he resisted the temptation to jump in the Thames.

The debate is self-evidently timely. Events have moved so quickly over the past few days, with dramatic developments even today, that perhaps we should have installed rolling news in the Chamber. However, it is useful to have the opportunity to pause and take stock of where we are. The many learned, passionate and—sad to say—sometimes personal contributions we have heard today leave no one in no doubt about the strength of feeling in this House on the way that it has become apparent that the News of the World behaved. As the Prime Minister said on Wednesday, the whole country has been shocked by the revelations about phone hacking. As they became more detailed, numerous and shocking, it became clear that a fully independent, public inquiry would be the only way to set about tackling these issues with the depth, seriousness and integrity required. This is why the Prime Minister set out details of the public inquiry that will look at all these issues. The inquiry must be robust, and it must command public confidence. Its aim must be to get to the truth and it must begin its work quickly.

We have to acknowledge that there are difficulties around conducting a public inquiry when live criminal investigations are under way, and for that reason the inquiry will be divided into two parts, as noble Lords have already mentioned. Part 2 of that inquiry will be a full investigation into wrongdoing in the press and the police, including the failure of the first police investigation, because I think we are all agreed that that investigation failed. I can reassure noble Lords that the situation is far too important for the inquiry to be kicked into the long grass.

There are other matters that can be considered without being hampered by ongoing criminal investigations, and these matters will form part 1 of the inquiry. As noble Lords will all now know, it will be led by Lord Justice Leveson, one of the most senior and well respected judges in the country. The inquiry will be set up under the terms of the Inquiries Act 2005, which means that it has the power to compel witnesses to appear and to give evidence under oath and in public.

We want work to begin as soon as possible, but there are a number of practical and logistical matters that we are helping Lord Justice Leveson to finalise at the moment. Of course, and this is a key point, how the inquiry itself is run, who it hears from and who it seeks advice from are entirely matters for Lord Justice Leveson. As soon as the practical matters are settled, Lord Justice Leveson and his panel will look into: the culture, practices and ethics of the press; their relationship with the police; the extent to which the current policy and regulatory framework has failed; and the extent to which there was a failure to act on previous warnings about media misconduct. The noble Lord, Lord Soley, asked who guards the guardians, and that echoes exactly the phrase that Lord Justice Leveson has said will be at the heart of his inquiry. He and the panel will also make recommendations for a new, more effective policy and regulatory regime that supports the integrity and freedom of the press, the plurality of the media and its independence from government while encouraging the highest ethical and professional standards.

[Baroness Kennedy of The Shaws]

In that first stage, will the inquiry also investigate the role of telecommunications companies that may have divulged information to the police and, in turn, the media without going through the appropriate procedures?

[Baroness Garden of Frognal]

My understanding is that Lord Justice Leveson will have the capacity to make that part of the inquiry. If I am wrong on that, I will come back to the noble Baroness.

There will also be recommendations on how future concerns about press behaviour, media policy, regulation and cross-media ownership should be dealt with by all the relevant authorities whether that is Parliament, government, the prosecuting authorities or the police.

The Deputy Prime Minister recently clearly set out the three guiding principles for future reform—my answer to the noble Baroness, Lady Kennedy, is yes. First, the freedom of the press is vital and that liberty and democracy are founded on freedom of expression. We have heard from all sides of the Chamber today how important your Lordships feel that freedom of expression and the freedom of the press are. Secondly, our media must be held to account ensuring they act within the bounds of the law and decent behaviour, with politicians and police equally accountable for their role. Thirdly, our free, accountable press must be plural, guaranteeing healthy competition and diverse debate. We have had inputs in the debate today from so many noble Lords who have first-hand experience of the press, all of whom made valuable contributions to the matters under discussion.

I now turn to BSkyB. As we know, News Corporation has withdrawn its bid to purchase the remaining 61 per cent of shares in BSkyB which it does not already own. This is a decision taken by News Corporation but, of course, it will have been aware of the strength of concern from both Parliament and the public about the bid and the circumstances surrounding it.

I want to make the point that the Culture Secretary has at all times sought and followed advice from the Office of Fair Trading and Ofcom, the independent and expert regulators. He has been as transparent as possible, publishing much more than required to do so by legislation and ensuring that he acted within the law. But of course I take note of the comments made by the noble and learned Baroness, Lady Scotland, in connection with that.

The future for News International in the UK is a matter for News International. The nature of our press at the moment is that anyone can start or run a newspaper and we do not impose any licensing scheme. This freedom means that, as well as our national newspapers, we have a great many smaller and more eccentric publications. We welcome the partisan approach that newspapers take but the key point for every publication—no matter how big or small—is that it must abide by the law of the land. We expect our newspapers to be truthful, not to mislead us and to observe standards of decent behaviour. The inquiry that is now under way will look at ways of ensuring that newspapers do that in future. Once again, as various noble Lords have reminded us, most journalists and people who work on newspapers are honourable and professional.

It has been disturbing to hear of the involvement of the police and we have heard some extraordinary things from the Met this week. We have had inputs from my noble friend Lady Doocey, the noble Lord, Lord Imbert, and others who have spoken about police involvement. Again, I echo their words of support for the courage and professionalism of the vast majority of people who work in the police force. We understand that the media and the police need to have a good working relationship. It is, for the most part, a mutually beneficial relationship but allegations have been made during this scandal that some corrupt police officers may have taken payments from newspapers in exchange for access to privileged information. These allegations have undermined that relationship, fractured public trust and led to a belief that that relationship can be too close.

The Metropolitan Police are as determined as we are that these police officers should be identified and referred to a fully independent investigation that will be convened by the Independent Police Complaints Commission. Additionally, the Home Secretary has commissioned a report from the Independent Police Complaints Commission on its experience of investigating corruption in the police service which will identify what lessons the police can learn through this affair.

The Prime Minister also reported on Wednesday that Sir Paul Stephenson is looking to invite a senior public figure to advise him on interaction with the media and the ethics that should underpin his force, including advising on how to ensure maximum transparency and public confidence, and how arrangements are working. We understand that the commissioner has committed to putting in place a system of recording and making available to the public the contacts of Metropolitan Police officers with journalists.

It is clear that the press will be under closer scrutiny than ever before, and we heartily welcome the inquiry led by Lord Leveson and wish him well as he begins his work. We would advise him, as my noble friend Lord Fowler has said, to use the great expertise in this House, including that which we have heard today in this debate.

Picking up on one or two points from the debate, as we came into the Chamber, the breaking news was of the resignation of Rebekah Brooks. Obviously, that is a matter for her and for News International but we do not see any reason why her resignation should interfere with her co-operation with next week’s culture Select Committee, the forthcoming inquiry or with ongoing police investigations.

The noble Lord, Lord Prescott, referred to the Metropolitan Police’s employment of Neil Wallis who was arrested yesterday. The Home Secretary is concerned about his employment and she is looking into the facts of that case. The noble Baroness, Lady O’Neill, and the noble Lord, Lord Davies, referred to privacy. A joint parliamentary committee is being set up to look at the issues that came out of the debate on super-injunctions and privacy. How that committee will work with the inquiry by Lord Leveson is a matter for them but it is an issue that has been taken up and action is being taken.

The noble Lord, Lord Davies, asked what is to happen while we wait for the outcome of the inquiry. The PCC is still in place, of course, and we heard from the noble Lord, Lord Grade, about its valuable work. However, we have also heard of other aspects from other noble Lords. The press is certainly aware of the much closer public scrutiny that it will now be undergoing, so we hope that, together, they will influence moves towards a more honourable press.

The noble Baroness, Lady Kennedy, mentioned the inquiry being conducted by Deputy Assistant Commissioner Sue Akers and expressed concerns about the level of resources it would receive. We understand that it is for the commissioner to decide the level of resources, but the Prime Minister has been personally assured by the commissioner that the investigation is fully resourced and that it will be thorough and robust. We understand that currently around 45 officers and staff have been assigned to it.

The noble Lord, Lord Myners, asked whether the Communications Act 2003 will be revisited. I can assure him that work is already under way and that new legislation will be brought forward in the future.

This has been an intense and rich debate, but if I have overlooked any questions or matters for reply, I apologise. I shall certainly endeavour to write to noble Lords—