Policing and Crime Bill

Gerald Howarth Excerpts

Ping Pong: House of Commons
Tuesday 10th January 2017 Commons Chamber

[Brandon Lewis]

With great respect, the hon. Gentleman should look at Hansard when it is published. That is not what I said at all. I made it very clear that we have been seeking the views of the public and interested parties and that we have to look at what is appropriate, proportionate and in the public interest.

The consultation sought views on whether proceeding with part 2 of the Leveson inquiry is still appropriate, proportionate and in the public interest. As the last of the relevant criminal cases has only recently concluded, the Government believe that this is an appropriate time to take stock and seek views on the various options, as the then Home Secretary outlined 18 months ago. Submissions to the consultation will be important in helping to inform the Government’s thinking.

As hon. Members may also be aware, an application has been made to judicially review the consultation. Although I cannot comment on the current legal proceedings, the Government have committed not to take any final decisions relating to the consultation until the legal proceedings have concluded. Given the consultation and the ongoing related legal proceedings, I respectfully suggest to the House that this is not an appropriate matter for further legislation at this moment.

[Sir Gerald Howarth (Aldershot) (Con)]

I hope the Government will not be intimidated by a campaign the press are waging at the moment to try to deter them from implementing the Leveson recommendations. May I just tell the Minister that yesterday I submitted my monthly article for the Aldershot News & Mail, as I had been invited to do—[Interruption.] May I say to hon. Members on both sides that it is normally very good reading? The article was about press freedom. I received an e-mail yesterday evening saying that the paper was sorry that it would not be publishing it because it was “contradictory” to its stance on “a free press”. It is extraordinary that the Aldershot News & Mail, owned by the Daily Mirror group, feels it is so vulnerable that it cannot accept an article by me—my hon. Friend the Member for North East Hampshire (Mr Jayawardena) is the other contributor. Leaving aside my criticism of the Aldershot News & Mail, with which I was pretty robust this morning, may I say to the Minister that this illustrates a real paranoia in the media about this issue and it is our responsibility, as parliamentarians, to be straightforward and recognise that what we are seeking to do is to protect not ourselves but ordinary people?

[Brandon Lewis]

As always, my hon. Friend makes an important point. However, let me make it clear again that the Government will make a decision on this once we have had a chance to review the outcome of the consultation and in the light of the legal proceedings, and not before the legal proceedings have concluded.

--- Later in debate ---

[Richard Graham (Gloucester) (Con)]

I rise to support, as strongly as I possibly can, the Government’s amendment in lieu of Lords amendment 134. It recognises the force of the arguments laid out in the report by my hon. Friend the Member for Cheltenham (Alex Chalk) and I last year, “Stalking: the Case for Extending the Maximum Sentence”. The report summarised the work of our researchers. Through them, we met victims, stalking charities, academics and police specialists. Everything we learned confirmed our initial instinct that there are a small number of very dangerous stalkers, such as my constituent Raymond Knight who pursued Cheltenham resident and Gloucester GP, Dr Eleanor Aston, to the point of nervous breakdown.

I pay tribute to the Government for accepting our report and its single recommendation of doubling the maximum sentence for stalking from five to 10 years, for amending the appropriate sections of the Crime and Disorder Act 1998 on racial and religious aggravated harassment in line with the change to the maximum sentence for stalking, and for outlining in correspondence additional training that will be part of the measures to deal with the mental health issues of serious stalkers. I know the Home Office and the Ministry of Justice have worked closely on this together. I am grateful to both Ministers here today for their action.

I also want to thank Gloucestershire-based Baroness Royall in the Lords for her commitment and contribution, and all those who informed us and shared harrowing experiences, including a constituent and her family. I would like to quote from her 16-year-old daughter, who was so egregiously stalked. She told us that the stalker

“broke into my house one night…all the knives in the knife stand were gone…I was sure I was going to die.”

In this particular case, my constituent and her family prefer to remain anonymous, not least because my constituent has been moved by the police to a safe house far from her home and her own children.

I am extremely grateful to all those who informed us, educated us and motivated us. I suspect the work I have done with my hon. Friend the Member for Cheltenham means that the neighbouring constituencies of Cheltenham and Gloucester have not worked so closely since the creation of the Cheltenham & Gloucester building society —now, alas, long since gone. It is for a good cause that we come together in support of the Government’s change of law.

The Government’s amendment in lieu will give judges the flexibility they need. As Dr Aston has said, victims will be able to sleep more easily when the worst stalkers are sentenced and the stalkers themselves will better understand the seriousness of their crime and receive more help in resolving what is a severe obsession and mental health issue. Of course, as the hon. Member for Birmingham, Yardley (Jess Phillips) pointed out, that will not in itself stop stalking, but it shows that victims and judges are being heard, that MPs and ultimately the Government listen and that laws can be changed so that sentences better reflect the harm that a crime can inflict on innocent victims, most of whom, as in the instance that inspired my neighbour and me, are women. Ultimately, justice is only as good as the laws we adapt and the way in which they are implemented. In that context, I pay tribute to the Prime Minister, who made stalking a crime on the statute book when she was Home Secretary, and to the current Home Secretary, who has introduced protection orders against stalkers.

I will finish by returning to where this campaign started: the judge and the victim in Gloucester Crown court. I would like to thank Dr Ellie Aston for inspiring us, for being strong and for having faith; other victims for opening their hearts and sharing their stories; stalking charities, such as the Suzy Lamplugh Trust, the Network for Surviving Stalking, Protection Against Stalking and Paladin; and the Hollie Gazzard Trust, the police and the University of Gloucestershire, which happens to be a leader in research in this sad area. This part of the journey for justice for victims of stalking is now close to over. The hon. Member for Birmingham, Yardley has reminded us that there will always be other issues to be raised and resolved, but today’s amendment in lieu deserves everyone’s support.

[Sir Gerald Howarth]

The whole House listened with great respect and interest to my hon. Friends the Members for Cheltenham (Alex Chalk) and for Gloucester (Richard Graham), who have brought to the attention of the House and the country the appalling consequences of stalking. I join others in saluting their efforts to persuade the Government to recognise the gravity of the crime and in reaching this result tonight, which we can all applaud.

I thank the hon. Member for Rhondda (Chris Bryant) for mentioning my intervention on the Minister about section 40 and Lords amendment 24. I will not vote for the amendment tonight, because the Government have agreed to a consultation, and I think it right that that process run, but as I said to the Minister earlier, I hope that the Government will not be intimidated by the campaign by the newspapers that the hon. Gentleman referred to. The newspapers seem struck by an extraordinary sense of paranoia and a feeling of vulnerability, when we all know, from the many cases that have appeared, that they are in the driving seat and have power without a lot of responsibility.

Insufficient attention has been paid to the Leveson inquiry and the subsequent report, which was a detailed and considered piece of work. We should do what the then Prime Minister, David Cameron, said that Parliament should do. Since the Aldershot News & Mail was unwilling to publish my article today, perhaps I can give the House the benefit of it.

[Mr Geoffrey Cox (Torridge and West Devon) (Con)]

My hon. Friend should place a copy in the Library.

[Sir Gerald Howarth]

My hon. and learned Friend suggests that I put the article in the Library, but when he hears what I have to say, I think he might be better informed, if not wiser, for I cannot account for his wisdom—he is a great man.

[Chris Bryant]

Division!

[Sir Gerald Howarth]

He seriously is a very great man.

I wrote this:

“I believe in a free press but I also believe in a responsible press. Sadly, the newspapers are becoming increasingly paranoid about what they see as an attack on them and are refusing to accept the recommendation of the latest inquiry under Lord Justice Leveson that an independent regulator be established. Leveson was set up after an appalling series of intrusions into the private lives of people, which included phone hacking on an industrial scale.”

Milly Dowler’s body was found 200 yards from the boundary of my constituency in a case that really struck the public as appalling.

[Richard Drax (South Dorset) (Con)]

Phone hacking is brought up again and again by colleagues who, in my view, want to censor the press. Phone hacking is a criminal offence, for which people have gone to jail. There is no need for any further laws.

[Sir Gerald Howarth]

I have huge respect for my hon. and gallant Friend, but the fact is that the inquiry would not have taken place if phone hacking had not been discovered on what I have described as an industrial scale. People’s engagement with it was utterly immoral, and some went to prison, following legal action, which I think is fine.

My article continues:

“It is hard for those who have not experienced an assault by the media to appreciate the level of distress it causes. I know because some 30 years ago, together with my then colleague Neil Hamilton, I had to sue the BBC Panorama programme for libel—which we won”—

and had the director-general of the BBC fired—

“but at the risk of bankruptcy (and loss of our seats in Parliament) if we lost.”

For the record, our costs—Peter Carter and partners were our lawyers—were something in the region £273,000. So I say to my hon. Friend the Member for Worthing West (Sir Peter Bottomley) that it is all very well for those who have got money. They are able to access justice, but this is all about providing a remedy for those who do not have money and cannot afford to undertake that sort of action. I continue:

“Since 1945, there have been no less than 5 Royal Commissions and enquiries to secure a better and cheaper form of justice for those maligned by powerful media barons.”

[Chris Bryant]

It is worth bearing in mind that when it came to suing the Metropolitan police to try to ensure that it gave the media information about what had happened to me, my costs were £380,000. My costs for suing Rupert Murdoch were £480,000. In both cases, because it was an no-win, no-fee arrangement, I did not have to pay anything. However, those no-win, no-fee arrangements are no longer available in these cases.

[Sir Gerald Howarth]

I agree with the hon. Gentleman’s point.

I was mentioning the five royal commissions and inquiries since 1945. The article continues:

“Time and again, reports threatened new laws if the industry failed to sort itself out, time and again the industry failed. In his 1993 report, Sir David Calcutt, QC said of the then regulator, the Press Complaints Commission: ‘It is not...an effective regulator of the press...It is, in essence, a body set up by the industry, financed by the industry, dominated by the industry, and operating a code of practice devised by the industry and which is over-favourable to the industry’.

In 2012, Leveson recommended that newspapers should continue to be self-regulated and that the Government should have no power over what they publish. However, he also proposed a new press standards body created by the industry with a new code of conduct. The new self-regulatory body should be underpinned by a law to provide for a process to recognise the new body and ensure it meets certain requirements. It should also enshrine in law a legal duty to protect the freedom of the press and to ‘provide a fair, quick and inexpensive arbitration service to deal with any civil complaints about its members’ publications’. Ofcom should act in a verification role to ensure independence and effectiveness.”

There we have it. There is a proposal on the table that IPSO is perfectly at liberty to take up in respect of a cheap arbitration service. The other point is that it should not be dominated by former press people, but that is exactly what IPSO is all about. I am not specifically advocating IMPRESS, but I see no reason why IPSO should not be able to organise itself in such a way that it is compliant. Instead, it has set up a body dominated by former editors, which does not meet the Leveson conditions. The Government are right to consult, but I really do not believe that the newspapers have anything to fear from these proposals. I believe that they will be in the interests of the press but, above all, they will provide a remedy for those who cannot afford to seek a remedy. Surely our responsibility is to remedy injustice.

[Mr Cox]

My hon. Friend knows how much I return his respect, and he knows that I would normally regard him as an infallible guide to almost everything in the planet, but in this instance I think that suggesting that IPSO is dominated by press editors when its presiding spirit is Sir Alan Moses—Lord Justice Moses, a very fine judge who is vigorously and fiercely independent—is over-emphasising the point.

[Sir Gerald Howarth]

I am grateful for my hon. and learned Friend’s belief in my infallibility, and I assure him that he should not be misguided, because I am infallible in this instance as well. Let me respond to his point by saying that although there may be an eminent judge in the driving seat, the fact is that the membership is dominated by press and former press people. They are in the majority.

[Mr John Whittingdale (Maldon) (Con)]

That is not true.

[Sir Gerald Howarth]

It is true. Seven of the 12 are former press people, and that does not meet the Leveson conditions. Let us just meet the Leveson conditions: then we shall all be happy.