Royal Charter on Press Conduct

Ian C. Lucas Excerpts

Monday 18th March 2013 Commons Chamber

[The Prime Minister]

I am very happy for the Secretary of State for Culture, Media and Sport to talk to her opposite numbers in the Scottish Government to discuss how we go about these issues. As I understand it, the Scottish Government are taking a rather different approach from ours, but I am sure that they can have that discussion.

Let me remind hon. Members why I felt that a full legislative response to Lord Justice Leveson’s report would be the wrong approach. I stated that there would be problems of necessity, practicality and fundamental principle. As I believe we have shown today, statutory regulation of our media, and statutory regulation to create a recognition body, is not necessary to achieve the Leveson principles. We can do it—indeed we will do it—via a royal charter.

There are reasons of practicality. If we are to have a system of voluntary self-regulation, as Lord Justice Leveson specifically proposed, it is vital that those who are being regulated participate in it. In my view, there was a danger that, if we pursued a detailed legislative approach, as Leveson recommended, we simply would not establish a regulatory system in which the press would take part—we would have been part of an exercise in grandstanding and something of a charade, rather than something that will actually deliver for victims.

Most importantly of all, detailed legislation is fundamentally wrong in principle. It is wrong to create a vehicle whereby politicians could more easily in future impose regulation and obligations on the press.

[Ian Lucas (Wrexham) (Lab)]

But will the Prime Minister confirm that the deal to which he has agreed requires the passing of legislation?

[The Prime Minister]

Two important but relatively small legislative changes need to be made. Let me explain what they are. First, Lord Justice Leveson said—the Government agreed at the time—that, in order to create an incentive for newspapers to take part in the system, we should establish a system of exemplary costs and damages that would not apply to newspapers that take part. We have accepted that recommendation and will be legislating for it—it can be done only via legislation.

I will come on to the second change we are making, but we are not embedding the charter in legislation or legislating about it; we are simply repeating the words of the charter. The charter says clearly that it can be changed only if there is a vote of two thirds of this House and two thirds of the House of Lords. Why have we put that in the charter? We have put that in the charter because we want to make it difficult to change the charter. We will repeat exactly that point in legislation in the Enterprise and Regulatory Reform Bill. The legislation is to protect the royal charter; it is not legislation to recognise the royal charter.

I believe it would be wrong to run even the slightest risk of infringing free speech or a free press in that way. As Winston Churchill said:

“A free press is the unsleeping guardian of every other right that free men prize; it is the most dangerous foe of tyranny”.

Today, by rejecting statutory regulation but being in favour of a royal charter, the House has defended that principle. I very much welcome the agreement that we have on the withdrawal of amendments from the amendment paper that would have created a new press law in our country—the amendments will either be withdrawn or, if they are pressed to a Division, we have agreed that we should all oppose them.

Let me set out for the House the cross-party agreement on the royal charter. As I have said, the new system of press regulation will deliver Lord Justice Leveson’s principles, including up-front apologies and £1 million fines. As I have just explained, we will use the Crime and Courts Bill to table the minimal legislative clauses needed to put in place those incentives, which Lord Justice Leveson regarded as important. They will give all newspapers a strong incentive to participate in the voluntary scheme of self-regulation.

Exemplary damages will be available against publishers who do not join a regulator if they utterly disregard the rights of ordinary people. We will also change the rules on costs in civil claims against publishers so that there is a strong incentive to come inside the regulator, with its independent arbitration system.