Press Regulation

Baroness Harman Excerpts

Wednesday 13th February 2013 Commons Chamber

[Ms Harriet Harman (Camberwell and Peckham) (Lab)]

(Urgent Question): To ask the Secretary of State for Culture, Media and Sport if she will make a statement on the proposal for a royal charter on press regulation.

[The Secretary of State for Culture, Media and Sport (Maria Miller)]

I must make it clear that following the publication of Lord Justice Leveson’s report, cross-party talks have been exploring different ways of implementing the tough self-regulatory system for the press which he recommended, and which would ensure that justice was done for the victims of press abuse.

As Members will know, there are already several press bills in the public domain which have been published by various organisations. The draft royal charter published by my party yesterday is outside the normal arrangements for collective agreement, and does not reflect an agreed position between the Conservative and Liberal Democrat parties.

I made it clear to the House on 3 December that we would

“send a loud message to the press of this country, and…that the status quo is not an option.” —[Official Report, 3 December 2012; Vol. 554, c. 594.]

Both the Prime Minister and I wholeheartedly support a tough new system of independent self-regulation, as outlined by Lord Justice Leveson. We know that any new model must restore public confidence and ensure that the abuses of the past cannot happen again, but we continue to have grave reservations about statutory underpinning and, as such, we have concerns about implementing a press Bill. The royal charter I have published would put in place Leveson’s recommendations without the need for statutory underpinning. It would see the toughest press regulation this country has ever had, without compromising press freedom. The royal charter implements the principles of Leveson in a practical fashion and is the Conservative party’s alternative to Lord Justice Leveson’s suggested use of Ofcom as a verifying body. All parties now agree with us that handing further powers to Ofcom, an already powerful body, would not be appropriate.

Let us be clear: the charter does not create a regulator; rather, it establishes the body that will oversee the regulator. The regulatory system that the royal charter body will oversee will be tough, and the regulator will have the powers that Leveson set out to investigate serious or systemic breaches of the press code; to impose up to £1 million fines; and to require corrections and other remedies, including prominent apologies. The royal charter body will provide tough oversight and ensure that the new regulatory body is efficient and effective.

We have also published draft clauses for exemplary damages, which will provide real incentives for the industry to join the regulator and ensure that there are serious consequences for those that do not. This is tough regulation and a tough package, and delivers the principles of Leveson.

Lord Justice Leveson’s report was almost 2,000 pages long, and areas were raised in it about which all political parties have expressed great concern. Ofcom is but one example. All political parties expressed serious reservations around data protection proposals and their potential impact on important investigative journalism. There were also concerns about whether it would be appropriate for the Information Commissioner to investigate, and then decide on, public interest.

The royal charter reflects a principled way forward, proposed by the Conservative side of the coalition. We are clear that this is a workable solution, but it is only a draft, and we will continue to debate it as part of the cross-party talks, and we will continue to seek to secure agreement. We are all committed to the Leveson principles. This is about taking the Leveson report forward, and making sure it can work in practice. The challenge before all of us is to find an agreement. The victims deserve nothing less.

[Ms Harman]

I thank the Secretary of State for that answer, but will she acknowledge that, as they stand, the Conservatives’ proposals do not implement the Leveson report recommendations? We called for cross-party talks and have been engaging in them in good faith, with her and with the Minister for Government Policy. Does she agree that what Leveson proposes is fair and is reasonable? It protects free speech and protects people from abuse and harassment by the press. There can be no justification for watering it down. The most straightforward way of implementing Leveson is by statute, rather than by royal charter and statute, but whichever route is chosen, we must implement the full Leveson, not Leveson-lite.

Leveson said that the system must be independent of Government, yet, through the Privy Council, Ministers would be able to tamper with the royal charter at any time. Will the Secretary of State address that problem with clauses in statute providing that, once established, Ministers cannot tamper with the charter? Leveson said the recognition panel must be independent of the press, yet the royal charter as drafted will allow the press to be part of the appointment process to the very body whose job is to guarantee the independence of the system. Will the Secretary of State take the press out of the appointment system, and will she undertake to come forward with changes to the recognition criteria, so that what is in the royal charter matches, rather than dilutes, Leveson?

Leveson’s report was published in November and there is growing impatience for it to be implemented. The December debate in this House made that clear, and the vote in the Lords on the Defamation Bill last week showed that there will be no acceptance of Leveson being watered down or kicked into the long grass. We will be reasonable on this, but we will be robust. We have an opportunity to make an important change that has been needed for decades. We must ensure that what the press did to the Dowlers, the McCanns, Abigail Witchalls’s family and to so many others, who suffered so terribly and whose lives were made a misery, can never happen again. Their heart-rending evidence to Leveson is the unanswerable case for lasting change. A big responsibility falls on us, and history will judge us as having failed in our duty if we do not implement Leveson now.

[Maria Miller]

I start by thanking the right hon. and learned Lady for the work we have been doing together and for today’s opportunity to clarify some of the points she has raised. She is right to start by making sure that we all focus on the group of people we need to focus on—the victims. She knows that the Conservative party, myself and the Prime Minister are absolutely committed to implementing the principles in Leveson. She may need to reconsider her choice of words in advocating implementing Leveson in full, because she will know that that is not what her party advocates, and it is not what my party advocates either. There are clear recommendations on data protection and the use of Ofcom as the verifying body that she has already expressed deep concerns about, so I am sure she did not mean to say that she would advocate the full implementation of Leveson, as she just did in her remarks.

The right hon. and learned Lady rightly says that if we are to take a royal charter approach—I was pleased to see that there was not a wholehearted rejection of that when we put it forward yesterday—we do need to make sure that it cannot be tampered with. She will know, having looked at the charter itself, that we have made clear provisions to ensure that such tampering is not possible. I would very much welcome her intervening on me now to give her party’s clear undertaking that that would not be an approach she would take; she can take it from the Conservative party that there is no way that we would ever want to tamper with a royal charter, and I am sure that she would be able to give those undertakings, too.

The right hon. and learned Lady also raised the issue of the appointment process, rightly saying that it needs to be independent. That is why we have taken the approach that we have, which is to involve the Commissioner for Public Appointments and to make sure that we are following the good practice that we have on appointments to organisations that are similar to this. I have to say that some of the bodies involved in the conversations about the Leveson report, such as Hacked Off, have actually proposed involving politicians and the press in an appointments process. We would wholeheartedly reject that, because we do not think it is right. We know that the appointments process for the verification body needs to be independent, and those who have read the details of what we are proposing will see that that is exactly what we are doing.

The right hon. and learned Lady also outlined concerns about the recognition criteria. She is right to say that we need to make sure that we give very full regard to the criteria as set out in the Leveson report. That is why we have used his recommendations as the basis for that section of the royal charter, but clearly we have to make sure that they work in practice, and remove any uncertainty and any concerns about clarity. I know that she and I would agree that, as we move forward, certainty and clarity are vital in this area.