Media Regulation Debate

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Lord Vaizey of Didcot

Main Page: Lord Vaizey of Didcot (Conservative - Life peer)

Media Regulation

Lord Vaizey of Didcot Excerpts
Tuesday 28th February 2012

(12 years, 2 months ago)

Westminster Hall
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Helen Goodman Portrait Helen Goodman
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I was going to ask the Minister whether he will go back to his colleagues in the Ministry of Justice and address the clauses in the Legal Aid, Sentencing and Punishment of Offenders Bill, which is currently before Parliament. It would be good if Ministers from the Department for Culture, Media and Sport took seriously their responsibilities and got Ministers from the Ministry of Justice to shift their position.

We have briefly discussed the fact that we need a free press that pursues the public interest. Just like books and magazines, newspapers have a VAT exemption which, I understand from questions that I have asked of Her Majesty’s Revenue and Customs, is worth £150 million. It seems to me that the public expect to get something for their £150 million—namely a responsible newspaper industry.

Everybody who contributes to this morning’s debate will say that they favour press freedom. There is, however, sometimes confusion about what we mean by that. I just want to tease out some distinctions in relation to that small phrase. Of course, everyone agrees that we need freedom of expression in a free society. If, after this debate is over, people want to say, “The Member for Bishop Auckland made a terrible speech and I didn’t agree with a word of it,” that is fine by me; they are free to do that. However, I do not think that that freedom of expression extends to a licence to ride roughshod over both the law and ethical considerations in order to pursue stories.

We need to be very clear about the distinction between freedom with respect to the content of what is written and freedom in terms of the process that the media use to acquire stories. If we take seriously that distinction between process and content—Onora O’Neill wrote a very interesting essay on this before Christmas—we will find it very helpful. I say that because when we look at the systems that apply—the PCC and whatever we would like to succeed the PCC—we are looking at systems that address the processes, not at systems that control what people write. No Opposition Member and, I am sure, no Government Member has any interest in standing in a newsroom with a big red pen. That is not what we are talking about.

Helen Goodman Portrait Helen Goodman
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I am glad that the Minister is nodding; we clearly have a consensus on that. However, if there is to be more discipline in relation to processes, that obviously requires the institutions, organisations and corporations themselves to have some proper internal management control.

[Sandra Osborne in the Chair]

I am pleased to welcome you to the Chair, Ms Osborne.

I have to say that it was pathetic to hear James Murdoch before the Select Committee on Culture, Media and Sport saying that he did not know in answer to all the questions that the Committee was putting to him. I am leaving to one side the question whether all those answers were, strictly speaking, accurate and truthful. He seemed to think that not knowing was some kind of excuse, but in a well run organisation, the people at the top should know what is going on. It is not an excuse not to know. I have written about that in more detail, and people can see what I have written on my website. I now want to talk about the move to a new system and the criteria that a new system must fulfil.

My right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) made a speech in Oxford last month, in which she highlighted three criteria. A new system must be independent, must be citizen-centric and must have 100% coverage of all newspapers. At the same conference shortly afterwards, and very helpfully, Ed Richards, the head of Ofcom, spelt out the meaning of independence. Independence means independent of political influence and independent of those who are regulated. The system needs to be independent of those who are regulated with respect to the decisions that are taken, the governance and the budgetary control.

Mr Richards went on to set out other qualities that a good system should have. He mentioned clear objectives, an investigative capacity, transparency of process, power to sanction and public accountability—something that we have not looked at enough in relation to the PCC, which is not subject to the Freedom of Information Act or all the usual accountability mechanisms of bodies that are pursuing public interests. The system must also be accessible to complainants.

In the light of what has happened, I would like to add four further points. No one should be above the law. The financial compensation that people receive should be related to the wrong that they have suffered, not the depth of their own back pocket. We need to see competent management systems and proper audit trails in the media industries. As the hon. Member for Wirral West (Esther McVey) said, we need to look across to the new media as well, because otherwise we could simply set up a system or see a system set up that made traditional newspapers completely uneconomic, with everything migrating to the net. We would then have the wild west on the net, which would not be acceptable, so the hon. Lady was right to raise that point.

Obviously, this is a difficult and complex area, and it would be good if the industry could produce some solutions that met the criteria that have been outlined. So far, we have seen some very positive and interesting ideas put forward to Lord Justice Leveson by Alan Rusbridger in relation to the Reynolds defence and the Omand principles, which show what The Guardian has done and how it has kept ahead of the PCC code.

We have also seen proposals from the current chair of the PCC, Lord Hunt of Wirral, who, as my hon. Friend the Member for Rhondda reminded the Chamber, takes the Tory Whip in the House of Lords. Lord Hunt seems to be putting forward a convoluted construction of commercial contracts between press and regulator. I would like to ask a number of questions about that proposal. First, is it not the institutionalisation of agency capture? Secondly, if it is based on contracts between the regulator and the regulated, how can the regulator be truly independent? Will not the regulator always be looking over his or her shoulder to see whether membership or income might be lost? That does not seem to meet the criteria for independence set out by Ed Richards in his speech.

My next question is how the proposal can guarantee 100% coverage. Of course, it might guarantee 100% coverage in the short term. It might be that Lord Hunt, who is an extremely persuasive and plausible man, can get people to sign up now, but what guarantee is there that people will not subsequently want to leave such a system? Is it not really designed to maintain the existing “cosy club” style of regulation? Do other hon. Members really believe that those commercial contracts will satisfy the public, given everything that they have seen come out in the Leveson inquiry?

On Sunday, on the television, Lord Hunt claimed that he had the support of political parties for the proposal. I have to say that he does not have the support of Her Majesty’s Opposition for the proposal. Has the Minister met Lord Hunt? Has the Minister agreed the proposal? I believe that we should wait for Lord Justice Leveson to fulfil the inquiry that the whole House agreed it wanted him to undertake. We all agreed that that was important—that we needed the independence of a senior judge. I hope that the Minister will say that he, too, agrees that we should wait for Lord Justice Leveson to report, and that he does not accept the hysterical criticisms that were made of Lord Justice Leveson by the Secretary of State for Education.

Lord Vaizey of Didcot Portrait The Parliamentary Under-Secretary of State for Culture, Olympics, Media and Sport (Mr Edward Vaizey)
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It is a pleasure to finish the debate under your chairmanship, Ms Osborne, it having begun under the chairmanship of Mr Chope, whose name still appears in front of you, which could confuse—well, it certainly should not confuse anyone who is watching the debate either on television or in this Chamber this morning, which is about to become this afternoon.

I congratulate the hon. Member for Rhondda (Chris Bryant) on calling this timely debate on a subject that I think it is safe to say has been in the news for many months. He may or not may recall that I praised him—perhaps presciently—in my maiden speech in 2005 as a fine Back Bencher. I do not think that anyone gets bored with praise and I am sure that he is aware that many people in the House have admired the way he has fought his corner on this issue over the last few months and, indeed, years.

Each week, as the hon. Gentleman and other hon. Members will be aware, seems to bring fresh reports of questionable, and possibly illegal, activities at some newspapers, and witnesses’ statements at Leveson have further stoked the fires. That was why the Prime Minister announced an inquiry into phone hacking on 13 July last year, following revelations that the News of the World may have routinely paid private investigators to hack into the voicemail messages of celebrities and other people involved in high-profile news stories. I certainly welcome the support for the Leveson inquiry from the hon. Member for Bishop Auckland (Helen Goodman), who is the spokesman for the official Opposition.

We all need to know what journalists and their agents were up to hacking into phone messages. We also need to know what the police knew when, what they did about it and how we might learn lessons for the future. However, it is worth noting, as we have been reminded this week, that the inquiry is not purely about phone hacking. It will also look into allegations that the Metropolitan Police Service’s earlier inquiries, although they resulted in two convictions, were not sufficiently thorough. That raised questions about the relationship between senior Metropolitan Police Service officers and News International.

The ongoing police investigations, which are being led by Deputy Assistant Commissioner Sue Akers of the Metropolitan police, are making good progress, and they are thorough and well resourced. As all hon. Members will agree, we must let those investigations, which may lead to criminal charges, run their course. About 120 members of staff are working on Operation Weeting, which, as hon. Members will recall, is focused on phone hacking. Operation Elvedon is the investigation into allegations of corrupt payments to police by journalists, and it is supervised by the Independent Police Complaints Commission. So far, those operations have seen 17 and 21 arrests respectively.

Chris Bryant Portrait Chris Bryant
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As the Minister may know, I asked Rebekah Brooks and Andy Coulson on 11 March 2003 whether they had ever paid police officers for information. They said that they had, but only within the law, even though such payments are obviously a criminal offence, and it is not possible to make them within the law. My anxiety, however, is this. Although there is an investigation into these issues in the Metropolitan police, I am pretty certain they have happened fairly extensively around the country. We only have to see how regularly the press turn up for the arrest of some famous person, having mysteriously guessed when it would happen. Will the Minister make sure that Operation Elvedon is not restricted and that each of our police forces cleans up its act?

Lord Vaizey of Didcot Portrait Mr Vaizey
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Police operations are, of course, independent of the Government, as indeed is the Leveson inquiry, but I am sure the hon. Gentleman’s point will have been heard and taken on board by the respective police forces.

The Government are clear that we need to get to the bottom of this issue. We need to restore public trust in the regulation and activities of all our newspapers, and only an independent inquiry can do that. Let me also emphasise, however, that that should not be characterised as an attack on the press. As I said, the Government are equally clear about the importance of a free press and media that can challenge the Government and others.

To pick up one of the themes in the speech of my hon. Friend the Member for Worthing West (Sir Peter Bottomley), more than a third of the world’s people live in countries where there is no press freedom, according to Reporters Without Borders. In all the criticism we have seen of the press in the past year, it is easy to forget just how fortunate we are to live in a country where the media are not subjected to Government regulation and where the right to freedom of speech means that people can voice views that may be critical of, or offensive to, others. That independence from state intervention is fundamental to our democratic way of life.

Just a week after war reporter Marie Colvin was killed in Syria, it is worth reminding the House and ourselves that, although she was American, many journalists working in Britain also deserve our respect and thanks for the work they do.

Peter Bottomley Portrait Sir Peter Bottomley
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May I say through the Minister that any Member who gets a chance to go to the Amnesty media awards, which are held each year, will come away with the most incredible regard for the courage and suffering of many journalists in the countries they cover?

Lord Vaizey of Didcot Portrait Mr Vaizey
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My hon. Friend makes a valid point, and I am sure those listening to the debate will take note of those awards and attend them or look at what is produced.

With press freedom comes responsibility, however, and we have consistently heard reports that certain parts of the press have not lived up to their responsibilities. It will be for Lord Leveson’s inquiry to make specific recommendations on future regulation. To answer the point made by the hon. Member for Bishop Auckland, we will not prejudge what those recommendations might be. We are satisfied that, with this inquiry, we are putting in place the means of establishing the correct regulatory regime.

Chris Bryant Portrait Chris Bryant
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If that is true, why did the Minister say on “Question Time” that the answer had to be self-regulation?

Lord Vaizey of Didcot Portrait Mr Vaizey
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The hon. Gentleman is referring to the fact that my remark, albeit in shorthand, echoed the Secretary of State. My right hon. Friend said:

“I don’t know whether legislation would form part of the solution or not…I would love the industry to come to me with their proposed solution, but what I would say to them is that whatever you propose must have the confidence of the public, because the public are not happy with what’s been going on.”

We all agree that we do not want statutory regulation of the content of the press. We want to hear what proposals the press have for regulation, and we have not ruled out statutory backing for a regulatory system.

As my right hon. Friend the Secretary of State recently noted in the same interview, there is more agreement than expected on the tougher form of newspaper regulation that will emerge in the light of the phone hacking scandal. It is no secret that we would like a regime for regulating the press that is independent, but which has credible sanctions to deal with transgressors, to pick up on the points made by the hon. Member for Bishop Auckland. It must also cover all the press.

Our preference is that there should be no direct statutory regulation of press content and that the press should be able to come forward with a new regime that is credible to the public. The press have already begun that process with the appointment of a new chair of the Press Complaints Commission—Lord Hunt. We wish him well in tackling the challenges he and the industry face. However, we have ruled nothing out at this stage, and we are certainly not in the business of pre-empting Lord Justice Leveson’s report.

Helen Goodman Portrait Helen Goodman
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I am pleased the Minister has said he does not intend to prejudge Lord Leveson’s inquiry, and that is helpful, but does he have any thoughts about the ideas put forward by Lord Hunt?

Lord Vaizey of Didcot Portrait Mr Vaizey
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I hear what Lord Hunt has to say, and my understanding is that he wants everyone to be members of the new body. He wants credible sanctions, he wants the body to be independent of the Government and the industry, and he wants the industry to come forward with credible proposals. As I say, however, it would be wrong for me to comment on the specific elements he is putting forward for debate ahead of the Leveson inquiry’s findings.

Let me talk a little about the Leveson process before I make the other point I was about to make. The inquiry will have two parts. As everyone knows, the first part looks at media ethics and will make recommendations for a regulatory regime to ensure we have ethical media. It is important to note that that part of the inquiry will report in October 2012. The second part will look at the extent of illegal behaviour by News International and other media organisations and at the police inquiry into that behaviour. That part of the inquiry is necessarily longer because of the difficulties of operating around live criminal investigations, as the hon. Member for Rhondda mentioned.

The first part of the inquiry is made up of four modules. Module 1 dealt with the press and the public, and the hon. Gentleman will have seen the extensive media coverage of the witness hearings at the royal courts of justice. The evidence given has helped to raise the inquiry’s profile, and the continued coverage serves only to highlight the intense importance the public attach to the regulation of the press and to the inquiry’s outcome.

Hon. Members may have noticed that the hearings for module 2, which focuses on the press and the police, started yesterday. They will be followed by module 3, which focuses on the press and politicians. It is obvious, therefore, that media interest will continue right up until Lord Justice Leveson reports and that there is still a huge amount of evidence to be gathered and considered. Let me therefore repeat—I have said this almost ad nauseam—that it is important to wait for Lord Justice Leveson’s report.

There is, however, another opportunity to look at these issues. We will publish a Green Paper focusing, if I can put this in shorthand, on how to bring the Communications Act 2003 up to date. We hope the Green Paper will lead to a White Paper and then to a communications Bill. I say that in all sincerity because of the work the hon. Member for Rhondda has done on the issue and the position he has taken.

The hon. Gentleman raised a number of issues this morning, and I hope that he does not feel I am being too much of a politician when I say it would be wrong for me to give a view on each of his points about a small claims court or amendments to interception rules, or, indeed, his concerns about the proposed parliamentary privilege Bill, which is still very much in the drafting stage, the fit and proper person test or the need to amend the Communications Act 2003. I hope that he will, perhaps in a personal capacity, submit evidence to the Green Paper.

Chris Bryant Portrait Chris Bryant
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I am grateful to the Minister for giving way, but I think he is being a bit too much of a politician, and not even a very good one, because his boss has already said that he will look at the idea of a small claims court; so I have got further with his boss than I have with him. The draft parliamentary privilege Bill is meant to be published in the next few weeks. I think the Minister could get a bit more up to speed with what is going on in the rest of the Department.

Lord Vaizey of Didcot Portrait Mr Vaizey
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It is sad that our relationship has reached this stage, when the hon. Gentleman deliberately mischaracterises what I have said. If he is honest he will say that the Secretary of State has not reached a conclusion on whether the small claims court is the right way forward. My right hon. Friend said merely that it is an idea that should be considered, which is exactly what I said about two minutes ago: the hon. Gentleman put forward some interesting ideas and I would welcome it if he—I am treating him with a lot more respect than he is giving me—would put those ideas into the Green Paper. Is that all right?

I am sorry, Ms Osborne; I got slightly carried away, but it is a bit unfair when all we are saying is that the arguments being put across are perfectly valid and deserve consideration in a process that is being undertaken by the Leveson inquiry and the Green Paper.

Helen Goodman Portrait Helen Goodman
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I am grateful to the Minister, who is being generous with his time. We were expecting the Green Paper to be published before the end of January, and it is now almost March. Does he have any idea about the timetable for the process, for which he is in fact responsible? [Interruption.]

Lord Vaizey of Didcot Portrait Mr Vaizey
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My hon. Friend the Member for Worthing West (Sir Peter Bottomley), who is an experienced politician, says that the conventional answer is “Soon”. As a Minister I have come up with a new conventional answer to any question like that, which is “in the spring”, because I have discovered that in Whitehall the spring season runs from February to November. Therefore, to say that something will be published in the spring covers all the bases. However, to be more accurate, and feeling the vibes of pressure about my performance coming from the hon. Member for Rhondda, I can say that the timing has changed from spring to imminent, which means that we hope to publish the Green Paper in the next few weeks. We wanted to tighten up a number of issues, not related to what we are discussing today, but on a wholly separate matter.

Helen Goodman Portrait Helen Goodman
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We know about that.

Lord Vaizey of Didcot Portrait Mr Vaizey
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That is the reason for the delay, and I gather that the hon. Lady knows about it.

Chris Bryant Portrait Chris Bryant
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I hope that the Minister will not get wound up—it seems awfully easy to wind him up. Is it possible that some of the issues that we have been discussing will not be addressed at all in the Green Paper, and there may just be a great big hole? Is that the Government’s intention—a kind of hole, labelled “Please insert Leveson here”? Alternatively will there be an exploratory consultation as part of the Green Paper?

Lord Vaizey of Didcot Portrait Mr Vaizey
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The hon. Gentleman makes a fair point, which is that the document is a Green Paper, not a White Paper. It is not a precursor to the legislation. The Green Paper is a consultation document, and it will raise a number of issues. It will, in some areas, give a clear view of the Government’s direction of travel, and in others it will simply raise an issue and invite comments. However, it is important to emphasise that a Green Paper is a precursor to a White Paper and is therefore not necessarily so detailed. It is designed to invite comment, ideas, thoughts and proposals. In that sense it is much more open minded, and is effectively a call for further evidence.

The hon. Member for Rhondda has raised a number of points during the debate, which although its title is “Media Regulation” focused on the issue that has exercised us for the past few months: the future of press regulation.

Helen Goodman Portrait Helen Goodman
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I intuit that the Minister may be about to sit down. Before he does I want to remind him of another issue raised in the debate: whether he has put any further pressure on his Ministry of Justice colleagues to amend the Legal Aid, Sentencing and Punishment of Offenders Bill.

Lord Vaizey of Didcot Portrait Mr Vaizey
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It is worth making the point that the conditional fee arrangements could be interpreted as a restriction on press freedom. I hear what the hon. Lady has said about the Opposition’s case for a clear exemption in the relevant areas; but there is certainly an argument that conditional fee arrangements put the press under undue pressure. I hear what the hon. Member for Rhondda says about the sums of money involved, but there is evidence that newspapers might settle cases that they would otherwise be prepared to fight, on the basis of the legal costs that they are likely to rack up against a litigant. I will happily write to the hon. Lady and the hon. Member for Rhondda, setting out the position on that issue.

Chris Bryant Portrait Chris Bryant
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Some newspapers have advanced the argument that under the proposals they would not write things that they would otherwise write; but if the result is that they choose not to write things that infringe people’s privacy or libel them, that is a good thing, not a bad thing. If there is a chilling effect that means that they do not write lies, that is good, not bad. It is difficult enough, even if conditional fee agreements are allowed for privacy and libel cases, for ordinary people to gain access to lawyers. They just do not know how to go through the process. However, it will be infinitely more difficult, or almost impossible, for someone from, say, Soham to get justice, as it would be for someone involved in any of the big criminal investigations where the victims of crime have ended up in the newspapers unnecessarily and incorrectly, with their privacy traduced.

Lord Vaizey of Didcot Portrait Mr Vaizey
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Peter Bottomley Portrait Sir Peter Bottomley
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May I add to that intervention, and contradict it? The Joint Committee on the Draft Defamation Bill has produced a report, to which we expect the Government to respond at some stage; perhaps it is as much for the Ministry of Justice as it is for the Department for Culture, Media and Sport. Anyone who has listened to the editors of Nature or the British Medical Journal, or the campaign “Sense about Science” or who has heard the saga of Simon Singh or Dr Peter Wilmshurst, would say that what matters to the public interest is to get more information out, especially if it challenges what other people are saying, or if what is claimed is incontrovertible.

Lord Vaizey of Didcot Portrait Mr Vaizey
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Lord Goldsmith of Richmond Park Portrait Zac Goldsmith
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I should like to take up both those last two points, although that was not originally why I wanted to intervene.

I edited The Ecologist for about 10 years. We were threatened every month with litigation. Were it not for the fact that I personally had deep pockets and could defend the magazine in a way an ordinary editor or owner could not, the magazine would have been thrown against the rocks, so I take my hon. Friend’s point; but that is entirely different from the point that the hon. Member for Rhondda was making.

There is a clear public interest in the issues that Nature, for example, wanted to explore. There is no public interest in the kind of industrial-scale but nevertheless schoolyard bullying that people such as Charlotte Church faced, and which served no public interest. A 16-year-old girl was mercilessly torn apart by newspapers, and I do not believe any decent person in this country would defend what the newspapers did to her. The fact that she is a celebrity is neither here nor there. What they did was inhuman, and there is no public interest defence.

I challenge any of the newspapers following the debate to come up with one example of a genuine public interest story that has not been published as a result of the so-called chilling effect of the Leveson inquiry. I ask the Minister to reassure people who are afraid of a chilling effect resulting from it—several people have made that point—by saying that none of the ideas being put forward in response to the crisis that we face would jeopardise a free press.

Index on Censorship, which has campaigned harder than anyone else for the kind of reforms that my hon. Friend the Member for Worthing West wants, has teamed up with Hacked Off, which focuses entirely on the kind of abuse we have been discussing. The fact that they have joined forces to come up with a solution shows that the proposed solutions are not designed to jeopardise a proper free press.

I ask the Minister to make that point and to add, finally, that even if a crazy idea were put forward—if Leveson lost his head and came up with a lunatic idea, which is highly unlikely—the ideas are just recommendations, and Parliament will take a view. There is no reason at all for anyone to fear the Leveson process. I hope that the Minister will echo those sentiments and make that very clear.

Sandra Osborne Portrait Sandra Osborne (in the Chair)
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Order. Could we have short interventions, please?

Lord Vaizey of Didcot Portrait Mr Vaizey
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Helen Goodman Portrait Helen Goodman
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I just want to comment on the intervention made by the hon. Member for Worthing West. There are many things in the draft defamation Bill that will free the press, which the Opposition support. However, the Joint Committee report makes the point that the Jackson proposals should have been introduced rather than the things in the Government’s Legal Aid, Sentencing and Punishment of Offenders Bill.

Lord Vaizey of Didcot Portrait Mr Vaizey
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I hesitated for a moment, Ms Osborne, in case anyone wanted to make a further intervention. Perhaps members of the audience might wish to participate in this debate, which is, funnily enough, beginning to resemble “Question Time”. I was glad not to raise a point of order with you, Ms Osborne, during the intervention of my hon. Friend the Member for Richmond Park (Zac Goldsmith). Although it was a lengthy intervention, it was full of passion. He is another Member of the House who has taken a great interest in recent activities.

My hon. Friend said that my hon. Friend the Member for Worthing West was making a separate point, but what that illustrates is the fact that there are arguments on both sides—whether that in protecting the interests of a litigant, we are restricting press freedom, or whether we are protecting the interests of a litigant against the press. Inadvertently perhaps, he made an interesting point. It is not always the big media organisations to which we turn to expose corruption or wrongdoing. Often it is small media magazines or publications, which do not have large-scale resources to defend themselves against litigation, that can be silenced when the balance is tipped the other way. The hon. Member for Rhondda made a passionate point about conditional fees, and clearly he will want those points taken on board and responded to fully in the light of the legislation that is currently being considered. As has been said time and again, it is interesting that it is the Ministry of Justice that is taking forward those important pieces of legislation, which are nevertheless having an impact on this debate.

Peter Bottomley Portrait Sir Peter Bottomley
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I thank my hon. Friend for giving way. I think that he will remind us to keep in mind that there are issues of libel or defamation and of privacy. There are also issues relating to people who are not journalists who may want to speak at some professional conference where reports of what they have said can occasionally and wrongly suffer challenge in the court on the grounds of privacy, but more often of defamation. That needs protecting. In terms of the media responsibility, I hope that my hon. Friend and his Department will engage with the Ministry of Justice to ensure that such points are not forgotten.

Lord Vaizey of Didcot Portrait Mr Vaizey
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Certainly, we engage with the Ministry of Justice at length on many of these issues. Going back to the speech of the hon. Member for Rhondda, his thesis was that the regulatory regime failed across the board, whether it be the directors of the company, the Press Complaints Commission, the Metropolitan police, the courts or Parliament. However, it is also worth remembering that where there was wrongdoing, there were mechanisms to stop it, such as a proper criminal investigation or a criminal prosecution. Nevertheless, we have quite rightly set up an independent inquiry into the future of press regulation. It seems that there is general agreement that whatever recommendations emerge from that, we need a system of press regulation that is independent both of Government and of newspapers.

Chris Bryant Portrait Chris Bryant
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The Minister correctly characterised my argument, but there is one other vital element to it that Leveson is probably not considering, which is ownership. Part of my argument is that it was actually the whole pattern of owning BSkyB and 40% of the newspapers that was the problem. It was what led to the sense of hubris about how News International and News Corp owned the Metropolitan police, the British Government, Parliament and politicians and could do what they wanted.

Lord Vaizey of Didcot Portrait Mr Vaizey
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I hear what the hon. Gentleman says. He has obviously raised the issue of the fit and proper test and it is frequently referred to in this context. As he knows, Ofcom, an independent regulator for which I have the highest regard, has an ongoing duty to ensure that anyone who owns a broadcasting licence is, and remains, a fit and proper person. It is frequently suggested by the hon. Gentleman and others that the revelations at News International mean that the owner of News Corporation is not a fit and proper person and hence BSkyB is not fit and proper to continue to hold its broadcast licences. I again emphasise that the regulation is independent of Government and is a matter for Ofcom. I understand that Ofcom has contacted the relevant authorities and asked to be kept informed of any information that might assist it in assessing whether BSkyB is, and remains, fit and proper to continue to hold its broadcast licences.

In the last five minutes, I wish to raise the issue of technology, which has not come up so far in this debate. It is worth looking at other systems of regulation. We now have the Authority for Television on Demand, which regulates broadcast-style services over the internet. It is interesting to see how that system of co-regulation is working; we have already had references to self-regulation, independent regulation and Government regulation. It will be interesting to see whether something emerges from Leveson and from our Green Paper about how to join up those different elements of regulation. Newspapers on the web do not currently fall under the regime of ATVOD because they are not pursuing broadcast-like services. That is an interesting matter for genuine debate about the future of press regulation.

We have had an entertaining and interesting debate. The hon. Member for Rhondda has put his case with the clarity and force for which he has become renowned in the House. I am grateful to my hon. Friend the Member for Worthing West for reminding the House about the importance of press freedom not just in this country but around the world where perhaps more oppressive regimes may exist. I am grateful for the support from the hon. Member for Bishop Auckland for the Leveson inquiry and for her pertinent comments about the position of the official Opposition. The common position is that we must wait for the Leveson inquiry to reach its conclusions. I hope that people, including hon. Members with a particular interest in this area, will use the opportunity of the Green Paper to put forward their views on the future of media regulation.