Leveson Inquiry

Baroness Scotland of Asthal Excerpts

Friday 11th January 2013 Lords Chamber

[Baroness Scotland of Asthal]

My Lords, I am very pleased indeed to rise immediately after such a powerful endorsement of the need to look at plurality, with which I wholeheartedly agree. Concentration of power in too few hands is clearly not in the public interest, as has been proven to be the case.

This is an historic debate and an historic opportunity. It is an opportunity to support good journalism, the rule of law and freedom of speech. It is also an opportunity for us to reflect on the difference that has rightly been identified between the national and regional press, to remember that good journalism is alive and kicking in our country and to listen to those voices. However, this historic opportunity has been given to those before us on a number of occasions over the past 65 years. In fact, the last chance saloon for the press was first opened 65 years ago. Since then, last orders have been called on at least seven occasions. Time is therefore now of the essence.

There is an issue that we have to look at because, as the noble Lord, Lord Hennessy, will know, the greatest indicator of the future is our past. Therefore, if we wish to look at how the press may behave in the future, it is responsible for us to look at how it has behaved in the past. With recidivism, there comes a time to recognise when the opportunity to change is desired but may not actually be grasped and when the recidivists themselves are not able to change without a little help. Otherwise, it is an exercise of hope over experience. I hope that the efforts of the noble Lord, Lord Hunt, will find real support and success, but I say to him that experience causes me to believe that I would be unwise to share his optimism.

The noble Baroness, Lady Boothroyd, said that the gauntlet was being thrown down and the press had to take it up. Well, that gauntlet has been thrown down on innumerable occasions. In preparing for this debate, I thought that I would look back over the reports that have been given in the past. I counted Sir David Calcutt as one of my dear friends; I hope that that will not detract in any way from his sagacity. In 1990, he made his first report. The noble Lord, Lord Waddington, was then the Secretary of State for the Home Department and said about the last chance saloon:

“This is positively the last chance for the industry to establish an effective non-statutory system of regulation, and I strongly hope that it will seize the opportunity that the committee has given it. If a non-statutory commission is established, the Government will review its performance after 18 months of operation to determine whether a statutory underpinning is required. If no steps are taken to set up such a commission, the Government, albeit with some regret, will proceed to establish a statutory framework, taking account of the committee’s recommendations. It is now up to the press to take up the challenge that the committee has presented to it. I am confident that the response will be a positive one”.—[Official Report, Commons, 21/6/1990; col. 1126.]

The press responded and Sir David Calcutt was asked to report again. This he did on 8 January 1993. This was 20 years—almost to the day—from our debate, and what did Sir David say? I quote from the summary of his report, paragraph 5, entitled “Assessment”:

“The Press Complaints Commission is not, in my view, an effective regulator of the press. It has not been set up in a way and is not operating a code of practice, which enables it to command not only press but also public confidence. It does not, in my view, hold the balance fairly between the press and the individual. It is not the truly independent body which it should be. As constituted, it is, in essence, a body set up by the industry, financed by the industry, dominated by the industry and operating a code of practice devised by the industry and which is over-favourable to the industry”.

He goes on to say in paragraph 7:

“It has been argued that two years is too short a time in which to judge the Press Complaints Commission. But the way forward was clearly spelt out in the Privacy Committee’s Report. In particular, the Committee stressed the need for the Commission to be seen as an independent body which would command the confidence of the public. Both the Committee, and subsequently the Government, gave a clear indication that this was the last chance for the industry to put its own house in order. It has to be assumed that the industry, in setting up the present Press Complaints Commission, has gone as far as it was prepared to go. But it has not gone far enough.

In my view, too many fundamental changes to the present arrangements would be needed. Nothing that I have learnt about the press has led me to conclude that the press would now be willing to make, or that it would in fact make, the changes which would be needed”.

That was 20 years ago. How much longer should we wait? Lord Justice Leveson has created the most Delphic, gentle, succinct opportunity for us to give the press a little extra encouragement, just so they know that last orders have finally—after 65 years—been called at the last chance saloon.

I agree with my noble friend Lord Alli. I sincerely hope that our Front Bench will remain robust, but if the Front Benches in this House need a little encouragement, then surely the power of the voices on the Back Benches would be enough to encourage them to see the light. I hope that no one in this House who supports freedom of the press and the rule of law will be silent.