Privileges

Damian Collins Excerpts

Thursday 27th October 2016 Commons Chamber

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

I wish to say a few words as a member of the Culture, Media and Sport Committee during the inquiry in the last Parliament into phone hacking at the News of the World.

First, the case against Tom Crone and Colin Myler is compelling. It is based not on one evidence session where there may have been a slip of the tongue or a piece of misleading information given; this was a systematic attempt to mislead Members of the House and members of the Committee over many years—over two parliamentary inquiries—and, as the hon. Member for Rhondda (Chris Bryant) said, for which Tom Crone and Colin Myler have shown absolutely no remorse or regret; actually, in many ways, they believe they have done nothing wrong.

Without going through all the incredibly complex work that was done by the Culture, Media and Sport Committee ahead of the Leveson inquiry in looking at the knowledge and extent of phone hacking at the News of the World, one simple thing is really clear, and it shines out in the Privileges Committee’s report as well: the evidence that condemned Colin Myler and Tom Crone—that condemned News International—always existed within the company itself and was always within reach of the executives of that company. In fact, the killer piece of evidence, which the Select Committee requested that News International’s lawyers, Farrer, produce and release, was a memo written by Tom Crone himself and attached to a legal opinion by Michael Silverleaf, QC, which lays out in black and white, extremely clearly, that phone hacking at the News of the World was not restricted to one journalist, but widespread throughout the organisation. There was a cultural problem, they all knew about it and they systematically lied about it over a number of inquiries, with repeated opportunities to give oral and written evidence.

The Leader of the House is right to say that incidents of contempt of Parliament and of people being requested to be brought to the House happen rarely, so we should reflect on this report and on the evidence the House has received. It is clear that this is a serious matter—it went on for a long time—and there should be some sanction. On serious inquiries such as this—the inquiry on phone hacking, which was an issue that affected many people’s lives—it should be a presumption that witnesses, when they appear before the Committee, are telling the truth, and are compelled to tell the truth, and that if they seek to lie, and repeatedly lie, there is some very clear sanction against them.

I am pleased to hear what the Leader of the House has said. It really is time that there was a clear process that the House should follow whereby people face some sanction if they are found to be in contempt of Parliament and to have lied to Parliament. That might, as he suggested, follow the example of the United States Congress, where the matter is referred to the courts for them to decide what further action should be taken. There should be some clear sanction in law. Witnesses should have regard to the fact that when they give evidence to Parliament they are compelled to tell the truth.

--- Later in debate ---

[Paul Farrelly]

I agree with my hon. Friend. That highlights the long record of Ms Brooks coming—or declining to come—to give evidence in this House. We have taken issue with such evidence.

In evidence to our Committee in July 2011, Ms Brooks repeated one central assertion:

“the fact is that since the Sienna Miller…documents came into our possession at the end of December 2010, that was the first time that we, the senior management of the company at the time, had actually seen some documentary evidence actually relating to a current employee.”

The Sienna Miller civil case was seminal in terms of disclosure. Ms Brooks went on to say:

“It was only when we saw the Sienna Miller documentation that we realised the severity of the situation.”

Yet we know that, by then, News International had plenty in its possession to suggest that hacking was widespread, including the Silverleaf opinion. We know that Rebekah Brooks personally negotiated the big out-of-court settlement with Max Clifford, which was all wrapped up in confidentiality, just days after our 2010 report. As the Privileges Committee report records, we know that she was present with other people from News International at the meeting of its lawyers Farrer and Co. on 20 January 2010 that was held to discuss Mr Clifford’s civil claim.

[Damian Collins]

Does the hon. Gentleman agree that Tom Crone’s role as legal manager would surely be to act on behalf of the company to gather whatever advice he needed to advise whoever within the company—senior executives at all levels—of impending issues and problems, and that it is therefore right to assume that he would have made his opinion and that of Michael Silverleaf available to anyone he felt he had to make them available to?

[Paul Farrelly]

I thank the new Chair of the Culture, Media and Sport Committee. There are disputes within the company about who told what to whom at what time. If he will bear with me, in a moment I will come on to something about which there has been no dispute.

We know, too, that back in 2006, when Rebekah Brooks was editor of The Sun, the police informed her that her own phone had been hacked. Courtesy of evidence submitted to the Leveson inquiry in February 2012, we know that she had a long conversation with a police source that was relayed to Tom Crone and then by him in an email to Andy Coulson on 15 September 2006. That email referred to more than 100 victims across all walks of life, not just the royal family, who would have been of interest to royal reporter Clive Goodman.

On reviewing all the lengthy correspondence the Culture, Media and Sport Committee received at the time, it is clear that Rebekah Brooks led us a merry dance for nine months before our 2010 report, saying that she would give evidence in person and then declining. In her final written reply to the right hon. Member for Maldon, on 8 February 2010, she had this to say about what had been known at News International from the police about the extent of hacking:

“I understand that, at some stage between the arrests of Mr Mulcaire and Mr Goodman on 8 August 2006, and their first appearance in court on 29 November 2006, it became known, from information provided by the police, that Mr Mulcaire had accessed the voicemails of people other than Royal Household employees. It was not known how many.”

Compare that to the email from 15 September 2006 that was cited at Leveson. She does not say that it was she herself who received the information from a police source, and the final sentence appears to be a complete untruth. The email cites 100 to 110 victims—a very precise number. Did Mr Crone simply make that number up for Mr Coulson after talking to Ms Brooks? It all certainly contradicts the central assertion that the Sienna Miller case was Ms Brooks’s moment of epiphany about the severity of the situation, four years later. Along with the other replies that Ms Brooks gave us—not least over the cost indemnity arrangements with Mr Mulcaire after he was sacked—this also merits closer analysis than was evident, I am afraid to say, in the Privileges Committee’s report. On all those grounds, I believe that the Privileges Committee is wrong in being “unable to draw” the conclusion that News International misled us, and is rather premature in not considering it

“to have committed a contempt.”

As far as parliamentary privilege is concerned, what is important now is what happens in the future. In chapter 8 of its report, the Privileges Committee is quite right to note that the work of the 2013 Joint Committee has not been taken forward. When we on the Culture, Media and Sport Committee were finalising our 2012 report, as the right hon. Member for Maldon mentioned, we summoned the Murdochs to appear in front of us, as we knew they were in the country to apologise to the family of the murdered teenager Milly Dowler over phone hacking. The uncertainty over our step was what to do if they declined to come. While we were finalising our report, we asked time and again for advice on what sanctions might apply in this day and age for misleading a Select Committee. Too often, I am afraid we found that in the reality behind the rhetoric, the parliamentary emperor apparently had no clothes. That situation needs to be readdressed urgently.

Question put and agreed to.

Resolved,

That this House—

(i) approves the First Report from the Committee of Privileges (HC 662);

(ii) having regard to the conclusions of the Committee in respect of Mr Colin Myler, considers that Mr Myler misled the Culture, Media and Sport Committee by answering questions falsely about his knowledge of evidence that other News of the World employees had been involved in phone-hacking and other wrongdoing, and therefore formally admonishes him for his conduct; and

(iii) having regard to the conclusions of the Committee in respect of Mr Tom Crone, considers that Mr Crone misled the Culture, Media and Sport Committee by giving a counter-impression of the significance of confidentiality in the Gordon Taylor settlement and by answering questions falsely about his knowledge of evidence that other News of the World employees had been involved in phone-hacking and other wrongdoing, and therefore formally admonishes him for his conduct.

That the matter of the exercise and enforcement of the powers of the House in relation to select committees and contempts be referred to the Committee of Privileges.