Data Protection Bill [Lords]

Bill Wiggin Excerpts

Money resolution: House of Commons & Programme motion: House of Commons
Monday 5th March 2018 Commons Chamber

[Matt Hancock]

Yes, I can.

[Bill Wiggin (North Herefordshire) (Con)]

Before he does, will the Secretary of State give way?

[Matt Hancock]

Of course.

[Bill Wiggin]

Will the provisions apply to Wikipedia as well?

[Matt Hancock]

I will happily respond to both points. Under the Bill, data must be deleted unless there are legitimate grounds for retaining it. The details of what is meant by legitimate grounds will be set out in recitals and then guidance from the Information Commissioner. This is one area in which the right to be forgotten, which has been long dreamt of and thought about, is now being legislated for, and the precise details of where it applies will be set out in guidance, as the Bill states only that there need to be legitimate grounds for retaining data.

--- Later in debate ---

[Bill Wiggin (North Herefordshire) (Con)]

I draw Members’ attention to my entry in the Register of Members’ Financial Interests. I will start with a little anecdote about my local paper and IPSO. On 9 November, just four days after the Paradise papers story broke, the Hereford Times published the headline, “Tory MP dragged into offshore row”. It clearly implied a connection between me, a law firm I have never had anything to do with, and tax avoidance, which, equally, I have had nothing to do with. To make matters worse, the editor then chose to publish letters the next week from readers who believed that I was part of the Paradise papers. Amazingly, IPSO ruled that that was not misleading or inaccurate in any way. Even though the article contained factual inaccuracies that I had pointed out, IPSO’s complaints committee simply ignored them. IPSO is a press protector, not a press regulator. MPs can speak out against it in the public domain, but normal people have no such voice, so we need this excellent Bill, which I look forward to supporting, largely because of the amendments from Earl Attlee.

Let me describe the Hereford Times a little bit. It is owned by Newsquest, which is a wholly owned subsidiary of Gannett Company UK, the UK branch of Gannett Company—a US media giant. In 2015, Newsquest reported a loss of £24,349,000. Meanwhile, Gannett reported revenues of £2.89 billion and a net income of over £146 million. On 11 August 2017, Chris Morley from the National Union of Journalists described Newsquest as

“exporting tens of millions of pounds profit to its US masters”.

In October 2016, the NUJ said, after its pay survey, that Newsquest was one of the stingiest employers, despite Gannett paying its top five executives over £15 million between them. I am pleased to say that I do not believe that John Wilson, the rather hopeless editor of the Hereford Times, was one of them.

Moving on to Leveson 2, Baroness Hollins’ amendment provides for an inquiry with similar terms of reference to part 2 of the Leveson inquiry. I am obviously extremely disappointed that the Government last week chose to abandon Lord Leveson’s recommendations. The inquiry was always one inquiry in two parts, not two inquiries, and it should not stop halfway through. Sir Brian Leveson was absolutely clear in his letter to the Secretary of State that he does not want the inquiry to stop halfway. However, there is no justification for spending millions on part 2 if we are simply to abandon the recommendations of part 1. We must carry out the recommendations of part 1 and then continue with the second half of the inquiry.

An amendment put forward by Earl Attlee in the other place adds provisions similar to those in section 40 of the Crime and Courts Act 2013. The Secretary of State last week suggested that the current system of press regulation was sufficient and that implementing section 40 would damage the freedom of the press and hurt vulnerable local papers, but he is wrong on all those counts. In response to the idea that the current system of regulation is sufficient, I point out that IPSO cannot be “largely compliant.” It is not possible to be largely pregnant—someone is either pregnant or not. As per the Secretary of State’s statement, a regulator either follows all 29 criteria or it does not. IPSO does not, and therefore it is not the method of press regulation that Leveson recommended and that has already been passed into law. The Secretary of State suggests that we do not need further regulation. Why would we regulate energy providers, communications providers and even exam providers, but simply decide to trust newspapers that have criminal convictions? That is plainly barmy.

[Christine Jardine (Edinburgh West) (LD)]

Does the hon. Gentleman agree that it is ironic that the press is not to be regulated, when broadcasters are, via Ofcom?

[Bill Wiggin]

Either we regulate or we do not, but we cannot do bits. That is why it is important that the Bill passes into law as it is. I agree with the hon. Lady.

The second accusation is that Earl Attlee’s amendments would damage the freedom of the press. The Press Recognition Panel is entirely independent of the Government and the press. It is funded by the Government, but so are the courts, and no one would accuse the judiciary of being influenced by the Government. In addition, the PRP’s charter is as good as unamendable, as amendment requires a 66% supermajority in both Houses and, crucially, the unanimous agreement of the PRP board, so any Government who chose to change press regulation would find it far easier to do so through primary legislation. It is fiction to think the PRP is anything other than independent.

Finally, it has been suggested that Earl Attlee’s amendments would harm local newspapers financially. Section 40 is not about punishing newspapers; it is about creating a fair and low-cost arbitration process that is good for local newspapers and for vulnerable individuals. Lord Leveson envisaged his proposals protecting local newspapers from rich and powerful litigants, and he certainly did not intend for newspapers to refuse to join a regulator.

Section 40 is not only desirable but necessary. IPSO will never agree to apply to become an approved regulator unless it is forced to, and section 40 would ensure that it happened. These measures already received the full support of both Houses in proceedings on the Crime and Courts Act. We must now implement them. The challenge goes out to the Opposition parties: there is support on both sides of the House for section 40, but if there are not sufficient Members here to vote for it, the Government will have their way. I hope we will make sure that this House does not bend the knee to the power of the press barons, but remembers its role to speak up for the vulnerable—the people who have no money, and who need a proper, fair and low-cost arbitration system.