Royal Charter on Press Conduct

Caroline Lucas Excerpts

Monday 18th March 2013 Commons Chamber

[Mr Whittingdale]

We do need a new tough regulator, and the appointments to it will be conducted under the processes now contained in the royal charter. There is a recognition body to be established that will make sure that those appointments are compliant with the requirements of the Leveson report.

I want to make sure that the House does not lose sight of the fact that although there have been terrible abuses committed by the press, we still need to recognise the vital role that the press play in a democratic society. The press have also been responsible for uncovering acts of corruption and abuse of power, and that does not apply only to the broadsheet newspapers: some tabloids have an equally honourable record in conducting such campaigns. As I think the Deputy Prime Minister said, we should recognise the vital importance of local newspapers, and ensure that whatever system we introduce does not add to the burden on them at a time when they are experiencing very difficult economic circumstances.

The majority of Lord Justice Leveson’s recommendations have always been the subject of agreement on all sides. Everyone agrees about the need for a tough, independent regulator. It may well be that the outside world will wonder why, in that case, it took until two, three or four in the morning for agreement to be achieved on what might appear to be a very small issue. However, I commend the Prime Minister for his recognition of the fact that even a small amount of legislation could—I repeat, could—be very dangerous. Certainly the suggestion of statutory underpinning caused real concern, and not just among people who were singing to the tune of the press. Organisations that are dedicated to fighting for civil liberties in this country and abroad also raised genuine concerns about the implications.

[Caroline Lucas (Brighton, Pavilion) (Green)]

I welcome the agreement, but does the hon. Gentleman agree that it is disappointing that the proposals do not deliver equality in terms of women’s representation on the regulatory and overseeing bodies, and thus do not address the endemic sexism that is sadly very present in the British press today?

[Mr Whittingdale]

I am afraid that I do not share the hon. Lady’s disappointment. The last thing I want is for the royal charter, or the House in particular, to dictate who should or should not serve on the regulatory body. That is a matter for the press, although it will need to meet the requirements laid down by Lord Justice Leveson, which will be enforced by the regulatory body. However, I am sure that the press will have heard what the hon. Lady has said, and will want women to be represented on the body when it comes to make its appointments.

This will be a voluntary system. It will be possible for Private Eye, perhaps The Spectator, perhaps even a major newspaper, to stand outside the system, and maybe to have its own regulatory body; but if the press are to enjoy protection from the award of exemplary damages in defamation actions, some legislation will be required. I think that that has always been accepted, and I think that it is sensible. It is ironic that some of those who have been campaigning on the issue were prepared to jeopardise the Defamation Bill, which they themselves recognised as being so important, and which is vital to the protection of not just the press but individuals who suffer defamation.

--- Later in debate ---

[Mr Llwyd]

No, I do not think so. It is a time-honoured practice for journalists always to check their sources, and they will need to revisit that aspect of their behaviour and ensure that they get it right the first time round. The proposals will not be welcome in all areas, however. The hon. and learned Member for Harborough (Sir Edward Garnier), for example, could find himself considerably disadvantaged financially if what the hon. Member for Swansea West (Geraint Davies) said were true. I make that joke in passing, weak as it was.

Lord Leveson’s report stated that statutory underpinning was necessary in order to set up a statutory recognition process and to provide for costs and damages incentives for publishers who subscribe to a recognised regulator. The Government have at least seen the merits of the latter provision, and tabled amendments accordingly. Sir Brian’s report recognised that publishers would need to be incentivised to sign up voluntarily to recognised regulators. He also recognised that there would be circumstances in which a court would determine that a publisher must give a claimant exemplary damages, albeit rarely, as a result of reckless behaviour. The cross- party amendments to which I initially put my name would have implemented Leveson’s suggestion that incentives should exist for publishers in respect of exemplary damages and costs in such situations. I am pleased that the Government saw fit to table similar amendments.

I have some concerns about the proposals before us, however. I realise that, due to the short notice for tabling amendments, it will not be possible for us to enter into a deep debate on these points, but I wish to put my concerns on the record none the less. First, the amendments to which I was a co-signatory, and which were due to be debated today and have now been withdrawn, would have ensured that any new commission that was established, as well as any regulatory body, would have been subject to freedom of information provisions. That is a crucial provision that would have ensured greater transparency in the new bodies, and I sincerely hope that the Prime Minister, or the Minister responding to the debate, will be able to give us an assurance that that will still be the case.

Secondly, I welcome the assurances from the Government that any arbitration service will be free for claimants to use. I am pleased about that. Another amendment to which I had put my name would have placed a duty on courts to take account of a defendant’s means, including readership and assets, when awarding exemplary damages. I welcome the fact that the proposals fulfil that requirement. Although the proposals do not meet every recommendation made by Lord Justice Leveson, I welcome the fact that the House has been able to reach a compromise, albeit at the eleventh hour, to get at least some reference to the royal charter in statute.

[Caroline Lucas]

The right hon. Gentleman has spoken powerfully about the perils of media concentration and the fact that today’s agreement, while welcome, is still unfinished. Does he agree that, in addition to what has been agreed today, we should call for urgent attention to be paid to measuring and tackling the concentration of media ownership, as Lord Justice Leveson recommended?

[Mr Llwyd]

That is a vital issue for the health of the press, and for the health of democracy. I see that the Chair of the Culture, Media and Sport Select Committee, the hon. Member for Maldon (Mr Whittingdale), has heard what my hon. Friend has said, and he will no doubt consider the matter.

It is surely clear by now that we need, and will get, a credible alternative to the Press Complaints Commission that will work in the interests of the public and of the responsible parts of the press. In Ireland, the press has been regulated by an independent voluntary body since 2008. Although the Press Council of Ireland is not a statutory body, it is recognised in legislation—namely, the Defamation Act 2009. Interestingly, all UK papers that are also published in Ireland have joined the PCI, even those that oppose statutory regulation in the UK.

Press regulation is devolved to the Scottish Parliament, and I am aware that a panel is considering the Leveson recommendations and their application in Scotland, headed by the former Solicitor-General and senator of the College of Justice, Lord McCluskey. I understand that the First Minister, Alex Salmond, has suggested in the past that he would be keen to implement Leveson’s recommendations in full, advocating an independent ombudsman and a Scottish press council similar to the Irish model.

I welcome today’s announcements and I am very pleased that this accommodation has been reached, but I agree with the right hon. Member for Belfast North (Mr Dodds) that we must be extremely vigilant as we go along. This is the beginning of the story, not the conclusion. I am sure that people who have been aggrieved will now see that something positive is and will be happening, and I am pleased about that.