Royal Charter on Press Conduct

Barry Gardiner Excerpts

Monday 18th March 2013 Commons Chamber

[Sir Edward Garnier]

I am sure that that is a very good point, but it is not quite the one I am addressing.

We need to ensure that press regulation, insofar as we have it, is independent of the press and enabled to achieve justice for those affected by misconduct, but we must be careful not to oversell this project. I have a hunch—it is only a hunch, but we will find out in due course; it might be that my right hon. Friend the Secretary of State for Culture, Media and Sport, who I think will be winding up the debate—[Interruption.] Oh, the Prime Minister will be winding it up—that is even more wonderful. May I go back and regurgitate that praise after all? It is splendid news. I almost feel like sitting down.

We need to be careful not to oversell the project being launched today. I have a suspicion—I have no evidence for my hunch, but we will see over the next year or so—that not many cases will come before the new body, because it will be unable to deal with issues of huge factual or legal complexity. One problem with the PCC—it had its fans and its critics—was that it could not disentangle hugely complicated issues involving disputes about whether the sting of a libel or the words complained of were true or false. It could not gather together and sift huge volumes of documents exchanged on disclosure, which can be done by a judge and advocates in court. I suspect that this necessarily more informal system will be able to deal with only fairly simple cases. There is nothing wrong with that; I just urge the House not to be persuaded that this cross-party agreement will replace the royal courts of justice.

[Barry Gardiner (Brent North) (Lab)]

We have heard how exemplary damages are supposed to drive people into this voluntary arrangement, but will the hon. and learned Gentleman confirm that no judge would penalise somebody for not being part of the voluntary arrangement and would be no more likely to impose exemplary damages on somebody outside it than in the normal run of events? In that sense, the whip of exemplary damages would not be there, although I recognise that the incentive for those inside it would be.

[Sir Edward Garnier]

The hon. Gentleman makes a good point. The point about exemplary damages, as set out on the amendment paper, would incentivise people to join the scheme, although as I understand the amendments—I might have misread them—they do not mean that if someone is in the scheme, they will be immune from exemplary damages, and that if someone is outside it, they will always be milked for them. The old rule in Rookes v. Barnard and so forth would still apply, insofar as it is relevant nowadays, but, as the Defamation Bill will make clear, juries will be taken out of exemplary damages cases, which will be decided by a judge alone. To that extent, exemplary damages will play a part in the proposals, but in my experience they are quite rare in libel actions nowadays, although not unheard of.

--- Later in debate ---

[Sir Edward Garnier]

The hon. Member for Swansea West (Geraint Davies) will have to wait and see whether the Egyptians cut and paste our system.

On the point about overselling, I have a suspicion that we will not see many of these cases. The arbitration system will be free, which will increase access to it for those without means of their own, so I suspect that many self-represented people will come before it. That will place a strain on the panels deciding complaints.

Leveson recommended a ring-fenced monetary penalty system under which money recovered from malefactors would help to fund the system and the cases being brought before it. It would be interesting to find out from the Prime Minister whether a system of compensatory payments would be available to the body, or whether it would simply be a question of punishing the respondent newspaper or media organisation. If a victim of newspaper misconduct required compensation, would they have to go to the courts to settle or get an agreement from the respondent, or would the independent body be entitled to award the newspaper’s money as compensation? The latter, too, would incentivise claimants to use the system, rather than going to the expense and trouble of clogging up the courts with less important cases.

[Barry Gardiner]

What would happen if a newspaper failed to enact a decision appropriately—for example, if it printed an apology on page 32, instead of page 1? Who would quantify, and how would they quantify, that failure, and what would be the redress? Who would actually enforce the contract?

[Sir Edward Garnier]

The short answer is that I do not know, but I would hazard a guess that if a signed-up member, which would therefore be susceptible to the jurisdiction of the body, failed to do what the body commanded, it would be in breach of contract, and arrangements would be put in place to ensure either that the contract was complied with or that damages were payable for breach of contract. Someone might have to litigate the breach of contract, but the system might contain fail-safe measures allowing the independent body to revisit the matter and deal with the malefactor in some preordained, but sensible, way.