Leveson Inquiry

Debate between Elfyn Llwyd and Eric Joyce

Monday 3rd December 2012 Commons Chamber

[Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)]

As hon. Members know, the press of late have come in for some knocking—justifiably—for scandal, corruption and illegal practice, but it is also obvious from the inquiry that urgent action needs to be taken to restore the public’s confidence in the media. I do not intend to dwell on the reasons for the inquiry because all hon. Members agree on them. We also agree that it is vital that freedom of the press is maintained and upheld, as it is in any strong democracy, but I was glad that the inquiry did not shy away from controversy, and that it recommended, in effect, a regulatory body whose independence is guaranteed by law. We have heard fine speeches from hon. Members on both sides of the House—there are entrenched feelings on both sides, and this debate is an important one.

Unlike wholly independent regulation, regulation by either the state or the media would clearly fail to be truly accountable. At the same time, it is vital that we do not throw out the baby with the bathwater, so protecting freedom of expression and high standards of journalism is non-negotiable. Much attention has been paid recently to the kind of model we could look at for the regulated body. Something similar to the Office for Judicial Complaints or those bodies overseeing medical practitioners, vets, barristers or lawyers, have been suggested by some. There is, of course, a crucial distinction. They are licensed and, because they are licensed, they are entitled to practice, and that is an entirely different thing altogether. Incidentally, all those bodies are creatures of statute and nobody says that they interfere politically with anybody delivering services. However, I would think that every journalist would baulk at having to be licensed, and naturally so.

We need something to replace the Press Complaints Commission, which palpably has failed over many years to deliver. It has been characterised by lack of teeth and ineffectual compromises and, in addition, it has only covered the actions of the press that have opted into the system. Some serial transgressors decided to opt out and redress against them was then limited to the libel courts, access to which was unaffordable for many people—indeed, the vast majority.

We have heard about the Irish model. Although that is not a statutory body, it is recognised in legislation—the Defamation Act 2009. It has the power to deal with complaints made against its member publications. There is also a press complaints ombudsman, and both the ombudsman and the Press Council of Ireland are funded by a levy paid by each member title, based on circulation. Member titles of the PCI become members on a voluntary basis and are subject to a code of practice. Interestingly, as has been mentioned, all UK newspapers that also publish in Ireland have joined the PCI, and that includes even those that now oppose what they think is statutory regulation in the UK. During the inquiry, oral evidence was heard from many corners. A number of individuals suggested that the PCI could be a model to be replicated in England and Wales, and that it is recognised by statute, but not set up by statute.

The PCC is UK-wide. It is confusing, however, that despite servicing all parts of the UK, the PCC, which is based in London, states on its website:

“Newspapers from all four countries circulate across borders and are often owned by the same companies. Separate PCCs…would lead to confusion…as well as considerable additional expense.”

It is disheartening that the Prime Minister has hitherto hinted that he is reluctant to follow suit and implement the findings of the inquiry in total. Supporting regulation in principle is not enough. Changes must be implemented in practice for there to be a meaningful change. We have heard about 70 years and seven attempts and so on, but central to any new system must be access to restitution, and a simple and easy-to-navigate complaints process.

In his statement to the press last week, Sir Brian Leveson chose his words very carefully. He pointed to the elephant in the room: the internet and Twitter, which is another issue that we will have to look at in the not-too-distant future. I would welcome comments from Government Members on how we can tackle that anomaly.

Lord Leveson’s inquiry was a careful and thoughtful process, and its recommendations have been reached by hearing a vast amount of evidence. Sir Brian has said that statutory underpinning is vital. He was at pains to say that freedom of the press was vital, and that freedom from political interference is, of course, extremely important. On statutory underpinning, he said:

“What would the legislation achieve? Three things. First, it would enshrine, for the first time, a legal duty on the Government to protect the freedom of the press. Second, it would provide an independent process to recognise the new self-regulatory body and reassure the public that the basic requirements of independence and effectiveness were met and continue to be met; in the Report, I recommend that this is done by Ofcom. Third, by recognising the new body, it would validate its standards code and the arbitral system sufficient to justify the benefits in law that would flow to those who subscribed; these could relate to data protection and the approach of the court to various issues concerning acceptable practice, in addition to costs consequences if appropriate alternative dispute resolution is available.”

He goes on to say:

“Despite what will be said about these recommendations by those who oppose them, this is not, and cannot be characterised as, statutory regulation of the press.”

[Eric Joyce (Falkirk) (Ind)]

We have heard a great deal about the great and good so far in this debate, and it has been interesting, but does the right hon. Gentleman think that sometimes Leveson might just say something—it might actually be so—but that we might take a different view?

[Mr Llwyd]

Having read large parts of the report—it is a carefully constructed document that has evaluated the evidence—I take Sir Brian Leveson at his word. I do not see what benefit would accrue to him if he said something he did not believe to be true, and I do not think for one minute that he would say that.

[Eric Joyce]

We just might disagree.

[Mr Llwyd]

Others may disagree, of course—that is why we are having the debate. I respect the fact that others may disagree—that is what debate is all about.

Personally, I do not quite see the merit in the current debate being about “non-statutory” or “statutory”. It seems to me that there will have to be some form of legislation in any event. Some argue that because the head of Ofcom is appointed by Government, choosing Ofcom or a similar body as the underpinning regulatory body—or, say, a version of it—could lead to political interference. I had a debate on the radio on Friday with the ex-head of legal affairs at the Telegraph—a man I have known for many years and whose views I respect. He proposed the notion that involving Ofcom amounted to possible political interference. I asked him for examples of where Ofcom had acted politically in the past. I am yet to hear of any example of where that may be the case. Sir Brian’s proposals are clearly well thought out and the exact opposite of “bonkers”. The Government should adopt them in full.