Crime (Overseas Production Orders) Bill [Lords]

Huw Merriman Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 30th January 2019 Commons Chamber

I agree that the Bill should include appropriate safeguards for legitimate journalism, and I have listened carefully to the arguments as to what form those safeguards should take, while preventing those who might falsely pose as a journalist from hiding behind protections to which they are not entitled. The Government therefore tabled amendments 19 to 23, which my hon. Friend suggested, to ensure that, when journalistic data is sought, the journalist is notified of the application. This will give journalists and media outlets the opportunity, should they want to, to make representations to the court about whether an application for an overseas production order should be granted. That was always the Government’s intention, but our proposal was that the process be provided for in the criminal procedure rules—the relevant rules of court for production orders. Amendments 19 to 23 will now make these notice requirements explicit in the Bill so that there can be no doubt about the requirement to notify journalists of a relevant application.

[Huw Merriman (Bexhill and Battle) (Con)]

I thank the Minister for listening to those representations. As he says, I declare an interest as chairman of the all-party BBC group.

The representations from the BBC show that the amendments will make the Bill completely consistent with the provisions under PACE and will help the administration of justice, as they may mean that many applications do not need to be spoken against. I am incredibly grateful to the Minister for listening to us, for working very closely with all of us and for filtering in our ideas.

[Mr Wallace]

I am incredibly grateful to my hon. Friend for that. I am not a journalist by background; I think he is—

[Huw Merriman]

I’m a lawyer.

[Mr Wallace]

A lawyer—oh.

All Members have raised the importance of protecting journalistic freedom, and I think we have struck the right balance between not excluding their material entirely—because I do not believe that anyone should be above the law, no matter what their profession—and giving them notice that other people would not be given, to allow them to make representations. All the way through this process, even in considering the controversial part of the Bill, we should not forget that this is done before a judge. It is not done between officials in two Administrations: these orders will be applied for in front of a court and granted by a judge. It will be for the law enforcement agencies to satisfy the range of tests and for journalists to make their representations. That will safeguard the process while at the same ensuring that we get data if it is needed to keep us safe.

[Huw Merriman]

I should point out that unlike the Opposition amendment—I think the shadow Front-Bench team largely supported the same change—the amendment that I tabled was realistic about the point that if the journalist could not be contacted, that would not mean that we would end the process. Ultimately, what is important is the protection of victims of appalling offences. My amendment will make sure that we strike that balance between the protection of journalists and the protection of victims, which is at the core of this excellent Bill.

[Mr Wallace]

Yes, my hon. Friend makes a true point. We have put in a carve-out for some very urgent situations, including if there is a threat to life or, indeed, if the journalist is impossible to track down and may in fact be a front for a foreign state, for example, in a fake news scenario or something else. All Members have had genuine views and made their points well. I am happy to accept my hon. Friend’s amendment, but there were many good parts of the amendments tabled by the Labour party, too. This is not a party political point. The exemptions get the right balance and we will be able to protect journalists, so I hope I will have the support of the whole House in asking that the relevant amendments not be pressed.

Before I finish, I should apologise for the length of my opening address. There were originally two groups of amendments, but that was changed to one group, so I needed to deal with everyone’s amendments in one go.

I think we have struck the right balance. The Bill reflects some of the day-to-day challenges that we face in keeping us safe. I urge Members not to support amendments 12 and 18, and some of the others tabled by the Opposition Front-Bench team. As I indicated at the start, throughout the passage of this Bill and other Bills, I have accepted a number of amendments from Government and Opposition Members. That is the spirit in which I have tried to conclude the passage of this Bill, and in which I hope to do so.

--- Later in debate ---

[Nick Thomas-Symonds]

The first thing I should point out is that everyone in the House wants to see a way in which the mutual legal assistance treaty system is speeded. I do not think there is any issue with that in any part of this House. The issues to which I shall come in a moment in essence fall into two categories: first, the issue of death penalty assurances; and secondly, protections for journalistic data.

In respect of the intervention from the hon. Member for Bexhill and Battle (Huw Merriman), he has tabled an amendment that is essentially the same as the one that I pursued in Committee. I do not accept in any sense the difference that he suggests there is between the two. I am pleased that his amendment has been accepted and adopted by the Government.

[Huw Merriman]

I apologise if I have got this wrong, but my understanding is that the hon. Gentleman’s amendment would not have included circumstances in which the journalist could not be traced, whereas the amendment I have tabled takes that into account, meaning that it would not be a blocker. It is in that limited aspect that our amendments differ.

[Nick Thomas-Symonds]

All I will say is that I had discussions about that amendment and others with the Minister, and they were things on which we were able to compromise. I am trying to assure the hon. Gentleman that the idea that I was trying to do something to scupper the treaty is completely wrong. I am sure he would accept that that was the case, whatever the differences between us on the detail.

[Huw Merriman]

I absolutely accept that. The hon. Gentleman will know that he and I worked closely throughout the Committee proceedings to make sure that the intent behind what we have now was in the Bill. I give credit to him for that assistance.

[Nick Thomas-Symonds]

I am grateful to the hon. Gentleman for acknowledging that.

Let me turn to the issue of death penalty assurances, which has clearly aroused a great deal of controversy, and explain our position. I should say to the Security Minister that I totally accept that new clause 1 is an improvement. The position the Opposition have ended up in today is a procedural one: unfortunately, because new clause 1 is the lead provision in the group and is therefore at the head of the list to be voted on, the only way that the Opposition can secure a vote on our own amendment is by voting against new clause 1. That is just the procedural position we have ended up in, but accept that it is a step forward and make that entirely clear from the Dispatch Box at the outset.