Oral Answers to Questions

Debate between Guy Opperman and Maria Miller

Wednesday 7th July 2021 Commons Chamber

[Guy Opperman]

As I believe the hon. Lady is aware, that is a work in progress.

[Mrs Maria Miller (Basingstoke) (Con) [V]]

Nine in 10 school-aged girls are being subjected to indecent exposure on their phones, iPads and computers, but they are told that that is not a crime. Often, the picture is of male genitalia. When will the Government make the non-consensual taking, making and sharing of all intimate sexual images a crime for adults and children? Surely, we do not need yet more review before action is taken.

Oral Answers to Questions

Debate between Guy Opperman and Maria Miller

Thursday 11th January 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for Work and Pensions (Guy Opperman)]

I am delighted to answer the hon. Lady’s question. I will certainly ensure that the Minister for Disabled People and the Transport Secretary have an address for that particular point and will write to the hon. Lady.

[Mrs Maria Miller (Basingstoke) (Con)]

There is a growing concern about the use of non-disclosure agreements in connection with employment. Will my right hon. Friend join me in condemning the use of non-disclosure agreements to conceal wrongdoing of any kind, and to encourage legal regulators to consider whether they are, in fact, ethical?

Crime and Courts Bill [Lords]

Debate between Guy Opperman and Maria Miller

Monday 18th March 2013 Commons Chamber

[Maria Miller]

My hon. and learned Friend raises an issue in which he is well versed. If I do not provide a complete answer, then I will get back to him with all the details. Clearly, if somebody is not a relevant publisher then they are not drawn into the self-regulatory scheme. They would not be subject to exemplary damages or be eligible for the scheme. Therefore, they would not be caught within this remit. We have so drawn the definition of “relevant publishers” to ensure that the scheme does not catch people we do not need to catch, and that is why we have been careful to set out the three tests in new clause 29—to ensure that we are clear about who is covered. Some individual organisations might well fall close to the line, but then it would be for the courts to decide.

New clause 23 sets out matters to which the court must have regard in deciding the amount of exemplary damages appropriate, and the key principles governing the court’s consideration are that the amount should be no more

“than the minimum needed to punish the defendant for the conduct complained of”

and that it should be “proportionate”. New clauses 24 and 25 ensure that those provisions will operate effectively in cases involving more than one claimant or defendant.

For completeness, I shall also mention new clause 26 and amendment 121A. New clause 26 implements recommendation 71 in Lord Justice Leveson’s report and confirms that, in cases under the new system, aggravated damages should be awarded only to compensate for mental distress and should have no punitive element. Amendment 121A provides that the provisions on exemplary damages come into force one year after the date on which the body is established by royal charter. That will be a powerful incentive to the press to establish the new regulator on a timely basis. For all their rarity, the availability of exemplary damages should send a powerful signal to publishers.

I turn to the provisions relating to costs in new clause 27A. The proposals are designed to give further real and powerful incentives and give effect to Lord Justice Leveson’s recommendation that the award of costs should be another tool to encourage publishers to join the regulator. The new clause would provide a clear presumption that where a claimant took a publisher inside the regulator to court, even if the claimant was successful, the normal rule that their costs would be met by a losing publisher would not apply. In other words, a defendant publisher that had joined the regulator should pay a claimant’s costs only in limited circumstances—if the issue could have been resolved at arbitration, had the defendant agreed to its being referred, or if it was just and equitable for the defendant to pay the claimant’s costs.

[Guy Opperman (Hexham) (Con)]

The fundamental problem is not necessarily the costs paid at the end of the case, but the costs of a litigant’s bringing an action against a publisher. I and my hon. and learned Friend the Member for Harborough (Sir Edward Garnier) have represented many individuals who would have struggled to bring such actions without protections. Will the Secretary of State advise the House of what protections are in place, and may I highly recommend the protective costs order regime that provides protection to an impoverished, but justified, litigant as against a very wealthy publisher?

[Maria Miller]

My hon. Friend pre-empts something that I will cover in more detail later. I will not only deal with the cost regime, but explain that to comply with Leveson the new self-regulatory regime will include free arbitration, so giving those individuals the access to justice that he rightly says they should have.

New clause 27A establishes a second presumption—that a relevant publisher that chooses to stay outside the regulator would generally have costs awarded against it in proceedings for media tort, whether or not the claim is successful. In other words, a defendant publisher that does not join the regulator should always pay the claimant’s costs, unless the issue could not have been resolved at arbitration if the publisher had been a member of a regulator, or unless it were just and equitable for the defendant publisher not to pay those costs. These provisions deal with defendants and the costs they should or should not pay to claimants. The issue of claimants and the costs they might have to pay to defendants is also important and is addressed in subsection (5).

Lord Justice Leveson endorsed Lord Justice Jackson’s recommendation that qualified one-way cost shifting should be introduced for defamation and privacy cases. QOCS is a form of cost protection. The Government accepted that recommendation, and we have asked the Civil Justice Council, chaired by the Master of the Rolls, to make recommendations by the end of this month on appropriate cost protection measures to be introduced for defamation and privacy cases. The Government then expect to introduce a cost protection regime through the civil procedure rules.

Let us be clear: the new provisions on the awarding of costs, coupled with the provisions I have set out on exemplary damages, provide a powerful incentive to join the regulator and for disputes to be resolved through arbitration that meets the standards set out in the royal charter. Those defined as a “relevant publisher” for the purposes of the new legislation will, if they choose to sit outside the regulator, be exposed to the full force of the new exemplary damages and costs provisions. We want to ensure that the new provisions act as a powerful incentive—as I am sure you can hear me say, Mr Deputy Speaker—but we do not want to draw in too broad a range of publishers.

--- Later in debate ---

[Maria Miller]

I would say to my hon. Friend that when I have heard people talk about the approach they want the Government to take, they say that they want regulation of the press to be very much at arm’s length from politicians. What we are talking about is a self-regulatory body for the press, set up by the press. The royal charter is a verification panel that will ensure that the press is doing what it should do. It will not be under the eyes of Ministers; it will be independent. However, I urge him to look at the detail of the charter so that he does not take just my word for it, but sees it written down in black and white.

[Guy Opperman]

Will my right hon. Friend give way?

[Maria Miller]

There are lots of people who want to take part in the debate on these amendments, so if my hon. Friend lets me make a little progress, perhaps he can intervene on me a little later.

In new clause 29 we set out a definition of “relevant publisher” that captures national newspapers and their online editions, local and regional newspapers and their online editions, and online-only edited press-like content providers, as well as gossip and lifestyle magazines. Exemplary damages and costs are designed to catch larger news publishers—those at the centre of the circumstances giving rise to Leveson. As highlighted by my hon. Friend the Member for Colchester (Sir Bob Russell), who is no longer in his place, many of those are not necessarily the smaller publications.

Same-sex Marriage in Churches

Debate between Guy Opperman and Maria Miller

Monday 10th December 2012 Commons Chamber

[Maria Miller]

The simple answer to that is no. Many European countries have permitted same-sex marriage for many years. Denmark, for example, adopted such a policy in 1989, and now Spain, Canada and many others are putting in place similar legislation. This reflects societies that are willing to embrace change while ensuring that protection for important religious institutions is in place.

[Guy Opperman (Hexham) (Con)]

As a lawyer, I have tested the ECHR rules and articles at great length in the British courts and in Strasbourg. I therefore welcome the proposed protections that will be enshrined in this law. Does the Minister agree that this is fundamentally a matter of choice for the couples as well as for the religious institutions that we so revere?

[Maria Miller]

My hon. Friend has made his point extremely clearly. This is about ensuring that that choice exists. I would add that it is also about showing respect, and that both sides showing respect will go a long way towards ensuring that we come out of this with a policy of which this country can be proud.