Data Protection Bill [Lords]

Debate between Bill Wiggin and Christine Jardine

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 9th May 2018 Commons Chamber

[Christine Jardine]

I rise to speak in support of new clause 18, which my friend the right hon. Member for Doncaster North (Edward Miliband) has so eloquently described. I would like to bring three words to the House’s attention: fairness, justice and honour. I say this not as a politician—although I hope that we would all hold those things in high regard—but because they were the things that originally attracted me to a career in journalism. That career involved challenging the establishment, questioning power and holding politicians, big business and powerful vested interests in the media to account. Standing here today, I do not believe that any good ethical journalist or publication in this country has anything to fear from revisiting the Leveson 2 inquiry. Indeed, I feel that they have much to gain.

The right hon. Member for Doncaster North talked about going with David Cameron and Nick Clegg to speak to the victims of hacking, and about the promise that was made to them. I respect the fact that this Parliament should not be held by promises made by another Parliament, but it would say a lot about this House if we were to hold to that promise. It would disappoint the public who are watching us today, hoping that we will live up to those standards of fairness, justice and honour, if we did not do so. That promise was about redressing the balance of power between the vested interests of the press and the ordinary public in this country. The ordinary public deserve the right of redress, and they deserve to have the confidence that everything has been done to safeguard their rights.

We have heard from the Secretary of State that time has moved on and that we live in a different culture, but the fact that we have moved on should not prevent us from learning the lessons of the past. If history teaches us nothing else, it teaches us that if we do not learn the lessons of the past, we will repeat our mistakes in the future. Today, we have an opportunity to ensure that we do not repeat the mistakes that led to the hacking of phones, to the intrusion into the lives of innocent members of the public and to the hounding of people who were already suffering, such as the family of Madeleine McCann.

More than that, this is an opportunity to reassure members of the public who, as we have heard time and again over the past few years, feel detached from politics. They feel that we have somehow let them down and that we are not listening to them, but this is an opportunity to tell them that we are listening and that we hear their outrage at the way in which members of the public have been treated by the press—not all the press, but certain elements of it. I also understand the pressures on the press, as a former journalist and the wife of a journalist. I lived through my late husband’s employer announcing redundancies five years in a row, every year at Christmas. That is the reality of life in the modern media, but that is an economic pressure. It is not a pressure brought about by any ethical standard. It is the modern reality of the changes in technology that the industry is learning to deal with.

The Secretary of State said that we had moved on and that the culture had changed, but I would like to remind him of the Kerslake inquiry, and of the behaviour in Manchester that we have heard about. Unfortunately, the truth is that there are unethical individuals in every walk of life and in every profession. However, every other profession in this country—dentistry, medicine, the law—has a regulatory body that is underpinned by statute and that holds its members to a standard. Why should newspapers be exempt? I say that not as somebody who wants any restriction on freedom of the press; I believe that the fourth estate is a fundamental pillar of a free and democratic society. But it also has to be answerable, because freedom of the press should not mean freedom to intrude, to harass or to manufacture stories about individuals; it should mean freedom to be responsible and to be held to account, by the law and by the politicians who make the law.

Friends, the victims of the hacking scandal will be watching today to see whether we live up to the promise that was made to them by the right hon. Member for Doncaster North, by David Cameron and by Nick Clegg. I appeal to Members, please do not be found wanting.

[Bill Wiggin (North Herefordshire) (Con)]

May I say what a sad day this is? I pay tribute to the Government Chief Whip, who has worked exceptionally hard to try to protect the Government, which is particularly difficult, given that in 2013, 530 MPs voted for section 40 and only 13 voted against it. That vote was for the Courts and Crime Act 2013, which enshrined in law the low-cost access to justice that Lord Justice Leveson had agreed was necessary. That was first suggested by Lord Justice Leveson and then agreed to almost unanimously by all parties in Parliament. However, it was never commenced. Successive Secretaries of State have refused to commence the cost-shifting provisions that are so necessary for access to justice.

Section 40 is not about punishing newspapers that do not sign up to IMPRESS; it is about ensuring low-cost access to justice for vulnerable victims of press abuse. The first part of the Leveson inquiry uncovered the horrific scale of abuse, which was endemic in the press, and there have been many court cases and convictions since. Section 40 ensures that publishers that are members of an independently approved regulator that provides low-cost arbitration do not face expensive court costs. It also ensures that victims of press abuse who have been attacked by publications that are not members of an independently approved regulator can access justice via the courts without having to be extremely wealthy.

There are myths about section 40. The first myth is that it would damage the freedom of the press. That is not true. The press recognition panel is independent and was created by royal charter. The charter enshrines press freedom in law. Criterion 8 states that any regulator

“must take into account the importance of freedom of speech, the interests of the public… the need for journalists to protect confidential sources of information, and the rights of individuals.”

Criterion 17 states that such a regulator’s board

“should not have the power to prevent publication of any material, by anyone, or at any time”.

The only way to change the charter would be by a 66% super-majority in both Houses, plus the unanimous agreement of the press recognition panel’s board. This is not state regulation of the press, or even state regulation of the press regulators; it is the creation of an independent body that will apply Leveson’s criteria for a press regulator to potential self-funded press regulators.

The second myth is that it would threaten the existence of local newspapers. Again, that is not true. New clause 20 would protect all local newspapers that have a turnover of less than £100 million and exempt them from section 40. Local newspapers were generally omitted from the criticisms of Leveson 1, and they are rightly protected from costs shifting, which they might be unable to afford.

Data Protection Bill [Lords]

Debate between Bill Wiggin and Christine Jardine

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

[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.