Investigatory Powers Bill

Bill Wiggin Excerpts

Ping Pong: House of Commons
Tuesday 15th November 2016 Commons Chamber

[Sir Edward Garnier]

I do not wish to be rude to the hon. Lady, but I did not say any of those things. I am not a leading member of the criminal Bar. I happened for some little while to be a member of the media and defamation Bar, which may be a distinction without a difference as far as she is concerned. [Interruption.] She may disagree with me—she may disagree with me vehemently—but what we are trying to do is to pass good law. If my colleagues on the Front Bench, and those around me, disagree with me, fine: go ahead and disagree with me.

[Bill Wiggin (North Herefordshire) (Con)]

We do.

[Sir Edward Garnier]

My hon. Friend clearly does.

[Bill Wiggin]

I absolutely disagree with my right hon. and learned Friend. I have been sitting here listening to him carefully, but I cannot think of any other industry that does not offer any sort of guarantee. If people make faulty washing machines, they replace them, but if they publish stories about people, they have already made their money by the time they end up being sued, and that is why the papers have to bear some of the cost.

[Sir Edward Garnier]

My hon. Friend’s intervention demonstrates to me that I have not made myself clear. What I am suggesting is that it is wrong for a claimant who has lost his case to demand the costs from the successful defendant. I am not suggesting that if I make a faulty washing machine, I should not be liable, under law or morally, to put the matter right. However, if I have made a good washing machine, the fact that my hon. Friend does not like the colour of it, or the fact that it revolves in any number of ways—[Interruption.] I am in danger, Madam Deputy Speaker, of reducing the level of the debate to something that it should not be. I will stop now, because I think I have made the points that I wish to make with sufficient clarity. Some will agree with me and some will not, but I urge the Government to be very wary about passing unjust laws for very well-motivated purposes.

--- Later in debate ---

[Joanna Cherry]

I agree. I was not here when these matters were previously discussed in this House but I followed that closely and it was all about taking politicians out of the mix. The Government’s consultation is putting politicians into the driving seat—and Government politicians at that. That is exactly what many of us did not want to happen, and it is what Leveson said should not happen.

I support these amendments because they now stand alone and do not impinge on the other provisions of the Bill. As Lord Pannick said in the House of Lords, these amendments are now in scope. They are supplementary to what is there already and they do not detract from the security issues in the Bill. I believe these two points meet many of the objections put forward by Ministers.

The amendments are on point and relate to the subject matter of the Bill because they deal with the consequences of unlawful interceptions of communications. At the risk of tooting the SNP’s trumpet too often, I simply remind the House again that new clause 8 came into the Bill as a result of a suggestion made by me and my colleague in the Bill Committee, my hon. Friend the Member for Paisley and Renfrewshire North (Gavin Newlands).

These amendments will apply to new and old phone hacking claims alike, but they are not objectionable, as being retrospective, because in considering how to deal with costs the court must look to the issue of whether the defendant was registered with an approved regulator at the time when the claim was commenced.

I believe the remaining objections to the amendments are misplaced. If the Government are concerned about these amendments causing delay to the passage of this important Bill, all they need to do is bite the bullet and implement section 40 and then we can forget about the amendments, and I invite them to do that.

[Bill Wiggin]

In all the years I have been here, I have never before found myself in agreement with the hon. Member for Hackney North and Stoke Newington (Ms Abbott), so I am deeply unhappy about this debate and the fact that I have been put in this position.

I also feel very uncomfortable with some of the things my hon. and learned Friend the Solicitor General has said, because I know that in his heart he, like me, would like to see low-cost arbitration. That is why I am so pleased with the Culture Secretary and the wonderful steps she has taken to keep people like me onside—people who passionately care about redress for ordinary people. This is the 21st century; it is the age of information and that is why the quality of information is so critical. We as a Government cannot police the media, and I believe my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) understood that when he put forward his royal commission proposals, but we must do our bit to ensure that the quality of information is good enough, and at the moment it is not.

[Richard Drax]

What plans does my hon. Friend have for the internet, which is not governed by these measures and on which reprehensible things are said every second of every day?

[Bill Wiggin]

The internet is not policed and that is as it should be, but my hon. Friend has to understand why people have stopped reading newspapers and take their news from the internet now. There is a choice, and the choice they can make is to favour the sources they believe in. That presents a different set of challenges to the individual than having a quality media.

I absolutely believe in the freedom of the press, but not in the irresponsibility of the press. That is why I welcomed the conclusions to the Leveson inquiry and why I welcome the Secretary of State’s inquiries. We have to get the balance right between policing and responsibility, and while this Bill is about security and information, I do not agree that it is an inappropriate place to bring forward this debate. Given what the Government have agreed to do, I think we should take full advantage of that, but we must remember that the people who are most likely to contribute are those who write for a living and are therefore most likely to be journalists. It will be difficult for the Government to maintain that balance of common sense, but I have absolute confidence that they will achieve it.

[Damian Collins]

First, I echo what Members have said across the House about the importance of a free press and a press both acting freely and speaking with confidence to the powerful. We have seen the role of British investigative journalism in taking on corruption in international sport, where it could without fear or favour pursue its investigations and therefore brought down powerful and mighty people. We do not want that to be jeopardised in any way. At the same time we should be conscious that if we just implement the section 40 provisions as they currently stand, some of the biggest victims would be small newspapers and magazines that have never been part of these bigger things. We should also at this time reflect on the nature and purpose of section 40. That is why I believe the Secretary of State is right to have a further consultation.

The idea was not necessarily that the section would be required; the hope was that the press would seek recognition through a recognised authority and have a proper, robust system of self-regulation recognised by the press recognition panel. The press have decided not to do go down that path. Many of them have set up the Independent Press Standards Organisation as their own regulator. They do not wish to see recognition, which in itself would solve the problem; if IPSO had sought recognition we would not be having this debate about costs and extra damages, but it has not sought that. So this should be a time to see whether IPSO can become recognised, with public confidence, as being Leveson-compliant, meeting the standards and providing, as my hon. Friend the Member for North Herefordshire (Bill Wiggin) said, the right level of proper low-cost arbitration. Section 40 is really about saying there must be a robust system of self-regulation and low-cost arbitration. If that cannot be put in place, the alternative is someone going to court and the industry having to pick up the costs in the courts, rather than paying for the arbitration system.