Royal Charter on Press Conduct

Chris Bryant Excerpts

Monday 18th March 2013 Commons Chamber

[Chris Bryant (Rhondda) (Lab)]

I refer hon. and right hon. Members to my entry in the Register of Members’ Financial Interests.

This morning was quite exciting. Last week’s papal conclave lasted only two days, but a conclave that had lasted five days, or even 10 weeks, brought forth white smoke this morning. I hope that I do not have to say this too often, but I commend the Prime Minister. We now agree on two issues—press regulation and same-sex marriage. It is getting to be a habit, so let us hope that he joins us on the bedroom tax and a few other things.

[Dr Wollaston]

Does the hon. Gentleman agree that it was more white flag than white smoke? I agree with my hon. Friend the Member for Broxbourne (Mr Walker) that this is a sad day. This is more than just a toenail in the door of regulation of the press and we may live to regret it.

[Chris Bryant]

I am afraid that I am going to take the Prime Minister’s side on this. I think that the proposal is well crafted, necessary and sufficient and that more might have been harmful in the way suggested by the hon. Lady. Incidentally, I am not particularly in favour of Popes, so the white smoke analogy is almost irrelevant.

I also commend the leader and deputy leader of my own party, because they have driven resolutely towards a sane and sensible conclusion, which is what we are discussing today.

[Kevin Brennan]

Does my hon. Friend take with a pinch of salt all this stuff about Winston Churchill and a free press? It was Churchill, after all, who published a state-funded newspaper, The British Gazette, to try to suppress the general strike.

[Chris Bryant]

I think I will leave that to one side, but I did object slightly to the front page of The Sun today, because its hyperbole did it no favours. It did not inform the debate and I think it was unwise.

My interest in this issue started before I was elected as an MP, when the two girls were murdered in Soham. A friend of mine, Tim Alban Jones, was the vicar of Soham and I remember clearly that every door in that village was knocked, not just once but many times, because members of the press—and, sometimes, television and radio crews—were desperate to find some new angle to the story in order to sell their newspapers. Frankly, that community was in complete and utter shock. The press was not doing anything illegal, but it was unethical and immoral and it bullied and hounded the local community, which was deeply distressing, particularly to the families who had lost loved ones.

It took the vicar to stand up for the community and say, “Listen folks: will you please just leave this community alone?” The Press Complaints Commission in that instance was completely and utterly useless. I think the Prime Minister once referred to the PCC as a busted flush and that is exactly what it has proved to be.

[Jacob Rees-Mogg]

The BBC has a royal charter. Will the hon. Gentleman remind me of how well it has behaved in recent years, particularly in relation to Jimmy Savile? Is a royal charter an amazing thing that prevents abuses from ever taking place?

[Chris Bryant]

No, of course not. I think it was Thomas Hughes, who wrote “Tom Brown’s School Days”, who said that simply passing a law will not make everybody obey the law and that making theft illegal did not prevent everybody from being a thief.

I was in the High Court this morning to hear yet more revelations about how a phone belonging to a Member of this House was stolen from her car in 2010 and then, only late last year, its private details accessed by The Sun. Personally, I do not think that the editor of that newspaper should still be in his job. It is incredible that an organisation that had said that it was cleaning out the Augean stables was still, in September and October of last year—long after the Milly Dowler revelations came out—behaving in this extraordinary way.

[Mrs Madeleine Moon (Bridgend) (Lab)]

I totally endorse everything that my hon. Friend has said about Soham. That is exactly the experience that we had in Bridgend. The difference between Soham and Bridgend is that the Press Complaints Commission did come to our rescue. I will always be grateful to it for that. The PCC standards were changed and it made a difference in Bridgend. The PCC was toothless in many ways, but that was because the regulations under which it was set up made it toothless. Where it could act, it did.

[Chris Bryant]

I hate to say it again, but I rather agree with the Prime Minister. The PCC was toothless because it was not independent. It was not independent from the press in any shape or form. The code committee consisted substantially of editors, many of whom adjudicated on whether they had broken their own code. When they had broken their own code and it had been decided by the rest of the committee that they had done so, they stayed on the committee. They had an extraordinary way of marking their own homework, giving themselves an A and, when their colleagues said that it should have been a B, deciding that it should have been an A-plus.

Not only was the PCC not independent; it was held in contempt. Throughout the revelations on phone hacking by the News of the World, the PCC decided not to investigate. That was partly because it did not have the power to investigate, but I believe that it also chose not to investigate. It always took the line of the News of the World. It hung out the line about one rogue reporter for everybody else to bite on for longer than even the News of the World. In the end, the chairwoman of the PCC had to pay damages to a journalist because she had completely and utterly got the story wrong.

[Damian Collins (Folkestone and Hythe) (Con)]

When we debated the Leveson report last year, many hon. Members said that self-regulation had clearly failed. I think that the hon. Gentleman is saying that we never had a system of self-regulation because the PCC was never a regulator. What we have today, which the House can unite behind, is the first ever proper system of self-regulation for the press.

[Chris Bryant]

Spot on! I completely and utterly agree with the hon. Gentleman.

This point matters, because if a body is not seen by the public to be genuinely independent, why would any member of the public choose to go to it for fair redress? If they think that it will always adjudicate in favour of the press, why on earth would they use it, even if it is cheaper or, as it will now be, free? I am glad that we have got that into the charter.

I am not a big fan of royal charters, and have not been from the beginning, because it is a much more autocratic way of doing business. A royal charter can be changed automatically just by the will of Ministers. That is why, at first, I was wholly opposed to the idea of the Minister for Government Policy, the right hon. Member for West Dorset (Mr Letwin). I think that he came up with the poll tax as well and I was not in favour of that either.

[Edward Miliband]

The community charge.

[Chris Bryant]

Sorry, we have to rename all of these things. It is great to be heckled by the leader of my own party.

Article 9 of the charter specifies that the charter cannot be changed except by a two-thirds majority. Incidentally, the answer to the hon. Member for Stone (Mr Cash) is that the two thirds applies not to all Members of the House, but just to those who vote. The most important thing is that that provision in article 9 has to be put into statute. That is the statutory underpinning that protects the charter, the House and everybody else from Ministers.

[Mr Bone]

rose—

[Geraint Davies (Swansea West) (Lab/Co-op)]

rose—

[Chris Bryant]

I will not give way, if Members do not mind, because I have given way quite a lot and I am sure that hon. Members think that I speak too much anyway. [Hon. Members: “Hear, hear!”] It is nice to unite the House. Again, it is nice to see the leader of my party agreeing.

We can all agree to this system today, but if the press does not sign up to it, it will have been a complete and utter waste of time and energy. The money that was spent on the Leveson inquiry—wasted; the efforts of all the families who put themselves through another form of upset and humiliation—completely and utterly wasted. I say to the press that there are times when their hyperbole is wonderful, entertaining and lovely. Even when vicious hyperbole is addressed at oneself, one can sometimes take the joke. However, some of the ways in which the press have put forward their argument in the past week have not been helpful to their cause. I hope that the press will now come on board.

There is a proud press tradition in this country of being able to tell the truth to the Government, politicians and those in authority. The Guardian revealed the truth about phone hacking at the News of the World, despite many other people trying to prevent that from coming out, and that is important. For myself, I bemoan the fact that the Rhondda Leader is not quite the newspaper that it was nine years ago; it is not as read as it was then, which means that local politics are probably even less scrutinised than Parliament today.

I wish to make one brief point about the way we are conducting our business today. I now have a copy of the charter—I think it is your copy, Mr Speaker, and I am grateful to you for finding one for me. In the end, however, this is not a good way for the House to do business. We are dealing with a motion that we have not seen—the motion we are debating is not printed anywhere—and a draft charter that people have only just seen, halfway through the debate as it is handed round. We have manuscript amendments in this House and the House of Lords, and on the whole we tend to make bad legislation when we do it on the hoof and those on the Back Benches are asked to trust in those on the Front Benches.

We are doing a good thing today and it is something we should have done a long time ago. I take no pride in the fact that the Government whom I supported when the Labour party was in government did not do enough in this field and could have acted earlier. In the past, we as politicians have tended either to chase or to run as far away as possible from a headline, which on occasion has meant that we have not been brave enough, or been too cowardly, in matters of press regulation. We let the victims of crime become the victims of the press as well, and—let us face it—we let Parliament be lied to time and again. I am glad we are putting a full stop on that today.

[Mr Peter Lilley (Hitchin and Harpenden) (Con)]

I congratulate my right hon. Friend the Prime Minister on preventing us from going down the route of full-scale statutory legislation of the media. Undoubtedly, what he has achieved was the best possible measure that could command a majority in the House. I urge the House, however, to remember that when Members on both Front Benches agree, we invariably make our worst blunders because the normal adversarial process of criticising measures is put aside. I hope we will consider what may be wrong with this measure, as well as what may be right.

The Leveson inquiry was set up because of phone hacking and libel, both of which were and are against the law, and neither of which is tackled by this royal charter. Those who always—rightly or wrongly—wanted to legislate to control the press have seized on the abuses of hacking and libel to propose legislation that tackles quite other problems that they see and have always wanted to deal with.

I sympathise with those who have been victims of press abuse—I, my family and relatives have probably been subject to more defamation and intrusion than almost anybody else in this House. Only last month I sent another cheque for 20 grand to a charity in my constituency after the latest offensive defamation. I do not think, however, that we should automatically presume that those who have been victims of abuse have great expertise in legislative matters, or grant those of us who have been victims a licence to legislate without criticism. That is simply mawkish sentimentality and it has led the House to focus exclusively on the legal framework we are establishing—a royal charter versus statutory regulation —and not on the powers we are giving the regulator, or that the regulator will be able to give itself.

I asked the Hacked Off lobby group, which was lobbying me and saying that it was keen to answer my questions, what powers to prevent or require publication the regulator will be given by this royal charter, what sort of material it could prevent or require the publication of, and what limits there are to the sorts of material it could prevent or require publication of.

On first inspection, it appears that the charter can require prominent apologies for abuse of individuals. If that were all it could do, I would be fine with it. In my time, I have had a banner front-page headline apology—I forget which newspaper it was, but the bottom banner headline on the front page was, “We apologise to Peter Lilley”. I hope others get the same when they are similarly abused.

However, that is not all the charter can do—the powers go beyond that to enabling the regulator to do other things, such as requiring those who subscribe to publish a factual correction. That is a pretty dangerous step. We are giving a body the right to decide what is fact and what is true. At best, that is a recipe for multitudinous time-wasting complaints that something is factually incorrect; at worst, it will establish a mini, self-appointed “Ministry of Truth”, which can decide what is true and must be published and what is false and must be withdrawn.

We note that no similar powers are taken with respect to the BBC, which will never be required by an outside body to publish corrections when it is factually incorrect, as it frequently is—[Interruption.] The hon. Member for Rhondda (Chris Bryant) advises me how to get corrections, but it is difficult enough even to get a reply.

[Chris Bryant]

Will the right hon. Gentleman give way?

[Mr Lilley]

No; I have got the hon. Gentleman’s point.

My third point is on prevention. The charter says:

“The board should not have the power to prevent publication of any material”.

I am not sure what the legal power of “should not” is. The charter also states that the board “should” be able to do other things.

--- Later in debate ---

[Sir Edward Garnier]

The Prime Minister and the leader of the Labour party were extremely busy over the weekend, as were their representatives, dealing with England and Wales—

[Chris Bryant]

Wales won.

[Sir Edward Garnier]

And I am not sure that their minds were on libel tourism to Cairo and other places along the Mediterranean, but who knows what will happen? Let us try and get it right for England and Wales.

[Chris Bryant]

Wales won.

[Mr Speaker]

Order. The hon. Member for Rhondda (Chris Bryant) keeps chuntering from a sedentary position that Wales won. His point is now on the record. I trust that he is satisfied.

--- Later in debate ---

[Sir Edward Garnier]

I am afraid that that is just one of the things we have to live with, and if we cannot cope with it, we are probably in the wrong place. I noticed that the hon. Member for Rhondda (Chris Bryant) was able to speak for 12 fluent minutes without having seen the motion or read the charter—but then he might have prepared something earlier.

[Chris Bryant]

I wish you had.

[Sir Edward Garnier]

That is also probably true.

To wrap up, something good seems to have happened over the course of this weekend and it is about to be translated into further action this evening, but I urge us not to oversell it or think that we have solved the problem of press misconduct. It will go on—it is all part of human nature. However, we have made a small step—indeed, rather more than that—towards bringing the press and the public to a better place. I therefore commend the Prime Minister and all who took part in the negotiations.