Royal Charter on Press Conduct

Damian Collins Excerpts

Monday 18th March 2013 Commons Chamber

[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.

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[Dame Tessa Jowell]

I am certainly not saying that, but I hope that the new regulatory body will establish a code of conduct that strikes a proper balance between the public interest—separating it from public prurience and curiosity—and the real and lasting harm done to people at what in so many cases is the worst moment of their lives. That is the balance that is so often lost.

[Damian Collins]

Will the right hon. Lady give way?

[Dame Tessa Jowell]

With respect to the hon. Gentleman, I will bring my remarks to a conclusion. I am sure he wants to take part in the debate later.

I had particular experience of this issue as a Minister, when I was responsible for victims of terrorist attacks after 9/11 and 7/7. It was truly shocking how the grief of many of those families was compounded by insensitive and uninvited intrusions by journalists who were in the grip of the competitive pressure of their newspaper against another. Because of that, I welcome the fact that the new body will have the power of initiative, which has been one of the great weaknesses of the Press Complaints Commission.

We will condemn the new system to failure if we believe that this is the end of the story, because there will always be tension in the operation of the new set of arrangements between how the new body works, the maintenance of a free and untrammelled press and the proper protection for public interest that I know the House is united to achieve.

[Sir Roger Gale (North Thanet) (Con)]

I hope—and I think I believe—that my right hon. Friend the Prime Minister, with the Culture Secretary, the Deputy Prime Minister and the Leader of the Opposition, has come up with a solution to the regulation of the press through the royal charter route, addressing a problem that has lain on the table unresolved for far too long.

It was when my right hon. Friend Lord Wakeham was chairman of the Press Complaints Commission that I first raised with him my concerns about the manner in which only the super-rich could obtain redress through libel action, while ordinary people nursing ordinary grievances had nowhere to run to, because at that time the PCC was the creature of the press. It was paid for by the press, it was run by the press and it was self-serving. It was a sadness that even the black arts of my right hon. Friend, learnt in the Whips Office over many years, failed to address the machinations of newspaper proprietors and newspaper editors.

I say “I hope” that what we are doing will work because I have some reservations. My hon. and learned Friend the Member for Harborough (Sir Edward Garnier) said that it was an updated version of the Press Complaints Commission. God forbid that it is, because if it is remotely like the Press Complaints Commission, it is doomed to failure. My concern is about the membership of the regulatory bodies, the recognition panel and the appointment panel that will appoint the recognition panel, because if there is the slightest chance that all or any of those bodies are dominated by newspaper proprietors and/or newspaper editors or senior journalists, I fear that we will again end up with yet another self-serving body.

[Damian Collins]

Does my hon. Friend agree that one of the key differences between the new model being proposed and the PCC is the power to initiate investigations? There were plenty of warnings about phone hacking, bad practices and the trade of confidential information, but the PCC was unable to do anything about them because it was not a proper regulator and therefore had no genuine investigative powers.

[Sir Roger Gale]

I understand where my hon. Friend is coming from, but we need to remember that the Press Complaints Commission set its own code of conduct, in precisely the same way, as I understand it, as the press will be invited, under the terms of the draft charter before us, to set its own code of conduct.

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[George Eustice]

I thank the right hon. Gentleman for doing that damage. Before I move on, it is important to note that all party leaders have behaved very responsibly in this matter and I would like to give credit to the shadow Secretary of State, the right hon. and learned Member for Camberwell and Peckham (Ms Harman), for the way in which she has approached it; she genuinely tried to seek agreement in a very difficult situation. I find myself in the unusual, almost unique, position of agreeing even with the Liberal Democrats. I speak as someone who campaigned against the euro and dislodged a Lib Dem MP to get elected here. [Hon. Members: “Hear, hear.”] I campaigned against the alternative vote and then voted against Lords reform to boot. On this issue, however, I have been able to work with the Liberal Democrats.

Most of all, I want to thank and congratulate the Prime Minister, the Secretary of State and, indeed, the Minister for Government Policy, my right hon. Friend the Member for West Dorset (Mr Letwin), because it is good to be re-united with my own party on this issue. The Prime Minister told me back in November not to worry, as he had a plan to deliver Leveson, and I think that what is before the House today does deliver the Leveson proposals—perhaps even in a slightly better way than in Leveson’s own plan, as I shall explain in a few moments.

As my hon. and learned Friend the Member for Harborough (Sir Edward Garnier) pointed out, the important thing to understand about the Leveson report is that it explicitly said that statutory regulation of the press was not being recommended. Rather, Leveson was recommending a system that was about self-organised, voluntary regulation, to which news publications would be encouraged to subscribe voluntarily. He recommended statute to do two quite simple things. One was to establish the right incentives to join such a body, and that is the protection afforded through exemplary fines and costs; I am delighted that those will be debated later today. The second was simply to establish an independent public body that would judge a regulator—not every week, every month or every year, but every two to three years—on whether it was working effectively and meeting a certain set of criteria.

This may appear a rather ancient device to achieve what we want, but it is undoubtedly the case that a body established by royal charter is an independent public body that can perform the task equally well. There is one important advantage of establishing the body in this way, and that is that the press are more comfortable with it. Before people say, “Well, we should not be doing what the press want,” it is important to realise that in Lord Justice Leveson’s own plan he said that this would be a voluntary system. If we want publications to join something voluntarily and to seek recognition under a system, there will be a benefit in their being comfortable with it—provided, of course, that we get the detail right.

My right hon. Friend the Member for Hitchin and Harpenden (Mr Lilley) picked up on some detailed points that I would like to touch on. He said that all the crimes committed related to defamation and breaches of privacy, so that the measures before us will do nothing to address those problems. That is not right, because what we have before us establishes an arbitral arm, which is a new thing, and it will provide affordable or even free adjudication on issues where there is a cause of action that previously only millionaires or celebrities could afford to take up through the courts.

My right hon. Friend also seemed to suggest that it was a bad thing for newspapers to make corrections and put right errors, but in all the difficult negotiations we have had the press did not raise this as a problem; indeed, it is what the PCC already does. There is nothing new about this. The criteria in the charter explicitly say that pre-publication advice is simply that—just advice, with no obligation on anyone to take it. A regulator will not have the explicit power to prevent anyone from publishing anything.

The £1 million fines are reserved for very serious and systematic breaches of the code, after prolonged investigations have taken place. I personally believe that we will not see many people being fined £1 million. Whenever I hear people mention them, I am reminded of the Austin Powers film in which Dr Evil says that he is going to hold the world to ransom for $1 million. What we have is a backstop power if there are really serious breaches, but what we are likely to see—this is a good thing—are more prominent apologies, corrections or perhaps lead page corrections for serious breaches.

[Damian Collins]

On that point, does my hon. Friend agree that there is genuine concern in the advertising industry about the commercial and reputational risks of being found to be non-compliant with the code? Has not one of the problems with the press been that legal managers and news managers have not shared the same respect for the code and have been more than happy to fly in the face of it?

[George Eustice]

My hon. Friend makes a valid point. The serious problem has not been the code itself, but the fact that it has not been enforced rigorously enough.

Although it has caused us several days of anxious scurrying around to get an agreement, the Prime Minister was right, in my view, to bring the matter to a head, so in some ways that was a relief to us. A number of us have spent week after week in very difficult negotiations trying to reach a conclusion. I remember one particularly dispiriting moment at the end of a meeting with some of the campaign group Hacked Off when we thought that after three and a half hours we had identified the six key things we needed to put right and one of the campaign directors said, “Shall we now move on to the next set of 20 problems that I have?” I am therefore very pleased that we have all been put out of our misery by the Prime Minister’s taking us over the brink and focusing minds in the final few days.

It is important to note, too, that the last few days have not been in vain, as some important changes have been made to the charter. The first change is that it is now clear that the board of the regulator will be independent and that there will be no press veto. That is an important step forward. Secondly, it is clear that where the investigations take place, there must be a simple and clear process so that there is no chance of a regulator putting up all sorts of barriers to make sure that it does not happen. The third point is that when the press code is written, there will be a role for working journalists for the first time. It will no longer be just an editor’s code. That is important because we need younger journalists with a stake in the future of their trade or profession—however they choose call it—to have a role in writing the code. It will be an important step forward and breath of fresh air to get working journalists, not just editors, involved in the code.

We should all get behind this compromise solution. I hope the press can overcome the apprehension it has about such a body. I do not think that there is anything for them to fear. I hope, too, that groups such as Hacked Off will be a little less hacked off and feel a little cheered up by today’s agreement.