Data Protection Bill [Lords]

Ian C. Lucas Excerpts

Tuesday 15th May 2018 Commons Chamber

[The Secretary of State for Digital, Culture, Media and Sport (Matt Hancock)]

I beg to move,

That this House disagrees to Lords Amendment No. 62B proposed instead of the words left out of the Bill by Commons Amendment No. 62 but proposes amendments (za) to (a) to Clause (Review of processing of personal data for the purposes of journalism) inserted by Commons Amendment No. 109 and amendments (c) to (f) to the Bill in lieu of the Lords Amendment.

The House should be aware that some printed editions of today’s Order Paper do not include all the amendments that I am about to refer to.

We had a thorough and illuminating debate on the Data Protection Bill in this House just a few days ago, when we heard a range of perspectives from all sides on press regulation. This House plainly and clearly voted against the proposed Opposition amendments, and I thank all Members for their contributions and their constructive engagement.

Since that comprehensive debate, an amendment has been sent back by the other place for us to consider. The amendment would require the Government to establish a statutory inquiry into data protection breaches by national news publishers. It is essentially similar to new clause 18, which was proposed and defeated in this House last week. During the course of the Bill, we have repeatedly acted to take into account amendments made in the other place and to directly address concerns expressed by Members of this House. We have gone out of our way to offer concessions at every stage to make sure that the system of press regulation is both free and fair. On Report last week, we gave the Information Commissioner the powers that she needs so that those who flout the law are held to account for their actions. We introduced a data protection code of practice for the press; guidance on how to seek redress, which fits with the Independent Press Standards Organisation’s new system of binding low-cost arbitration; and a review by the Information Commissioner’s Office of how the new system is working.

I listened to the entire debate in the other place yesterday, and I understand some of the concerns raised there, both from those who essentially want to reopen the Leveson inquiry and those with deep concerns about the impact of that on the sustainability of the free press. Today, I am proposing further amendments to try to strike this vital balance and ensure that in future we have a press that is both free and fair. I hope that hon. Members will agree that this action can bring matters to a close.

I am proposing five further amendments to strengthen the system. First, we will strengthen the ICO’s review. Amendments (a) and (f) give the commissioner stronger powers to compel evidence to ensure that the review that she will undertake is both robust and comprehensive. Secondly, we will widen the ICO’s review. Amendment (za) broadens the remit to include looking at good practice in the processing of personal data for the purposes of journalism. Thirdly, we will make the review permanent. Amendment (zd) will ensure that unlike the inquiry proposed in their lordships amendment, the ICO-led review will not be a one-off, but part of the media landscape, with a review every five years thereafter.

Fourthly, we are determined that there can be no backsliding on the media’s commitment to low-cost arbitration, which we welcomed the introduction of a few weeks ago. Amendment (c) will ensure that a report on the use and effectiveness of that arbitration is laid in Parliament at least every three years and that a copy is supplied to the devolved Administrations so that they can take action in areas of devolved competence. Fifthly, amendments (d) and (e) bring all these matters automatically into force without the need for a commencement order in order to show good faith. I think that this significant set of amendments is a better approach than amendment 62B—proposed by the other place—which is unnecessary for a number of reasons.

[Ian C. Lucas (Wrexham) (Lab)]

Can the Secretary of State confirm that amendment (c) will allow him to judge the effectiveness, personally, of the alternative dispute resolution procedures? Is he not giving himself the power to mark the press and their regulatory bodies?

[Matt Hancock]

No. The purpose of amendment (c) is to make sure that a report is laid on the effectiveness of that arbitration. With this set of amendments we propose that this House can continue to debate and scrutinise the effectiveness of the self-regulation of the press without requiring statutory regulation, which we seek to avoid.

[Matt Hancock]

That will be up to the Government of the day. We are trying to ensure that the welcome moves by IPSO in the last few weeks can be debated by this House and sustained. I think that the low-cost arbitration that it has brought in is good for the press and good for ordinary people who want redress from the press. I want to see it continue, and this report will consider whether it does.

[Ian C. Lucas]

The right hon. Gentleman has just said that it would be up to the Government of the day. The whole purpose of the Leveson process was to stop politicians having direct control of the press. To my astonishment, he seems to be proposing exactly that.

[Matt Hancock]

No. I do not want to see amendment 62B from the other place in the Bill precisely because I do not want to see statutory regulation of the press; I welcome the self-regulation of the press, because we want the press to be free.

--- Later in debate ---

[Matt Hancock]

I agree comprehensively with my hon. Friend, who set it out incredibly well.

I want to take a look at the precise details of amendment 62B, because it is unnecessary. First, it promises to look into the reporting restrictions around arrests, but this work is already under way. Indeed, I have committed to working with hon. Members to get the details right. Secondly, it promises to look into the impact of social media, but we are already undertaking this with the Cairncross review, which has started to take evidence right around the country. Thirdly, it promises to look into Northern Ireland, but this has already been provided for with the review outlined in new clause 23 last week.

In addition to replicating a lot of what is already going on, the amendment goes over ground already covered by the Leveson inquiry, the three substantial police investigations and the two Select Committee investigations. There has been no shortage of inquiry. I am focused instead on getting the system right for the future. The amendment is unnecessary at a time when we should be coming together to face the challenges of the future.

I fully understand the strength of feeling on the issue of press standards. I supported the original Leveson inquiry, and I have met victims of press intrusion, including some in this House, and, worse still, have heard about the impact on Members and their families. I am fully aware of the distress caused and of how lives have been affected by false allegations, how hacking was used to access the most intimate messages and how personal information was obtained through blagging and deception, but much has changed since the inquiry, While our press are not perfect, the culture that allowed phone hacking to become the norm has gone, and, with the newly strengthened IPSO, this country now has the most robust system of redress for press intrusion that it has ever had.

[Ian C. Lucas]

In his intervention, the right hon. and learned Member for Rushcliffe (Mr Clarke) just talked about the importance of an independent regulator. Is it not the case, however, that IPSO is not independent? It was set up by the press and its terms of reference are those of the press; it is not an independent regulator. It is about time the Government accepted that. Does the Secretary of State agree?

[Matt Hancock]

No, I do not. Our proposal, which does not involve statutory regulation, is the best solution to this challenge and will ensure the separation of press and state, which is at the heart of our freedoms. It would be wrong to cross that line.

--- Later in debate ---

[Ian C. Lucas]

I want to say a word about Sir Brian Leveson. The first part of his inquiry was greatly valued and welcomed by all parties. Sir Brian Leveson said that he fundamentally disagreed with the Government’s decision not to proceed with part 2 of the inquiry. We should respect his view, and we should also keep the promise made by both sides of the House to the victims of press intrusion. This is very straightforward, and we should therefore support the Lords amendment.

[Mike Wood]

The role of the House of Lords is to scrutinise, to inquire and, where possible, to improve. That is not what is happening here. What is happening in this case is that the House of Lords is asking this House, which has considered this question in great detail in Committee and on Report, to go back and change its mind, thereby rejecting conventions established by Lord Salisbury and Lord Carrington. Agreeing to the amendment would set a very unfortunate constitutional precedent.

I hope this House will reaffirm the decision it took last week, and previously, and that their lordships will then recognise the democratic legitimacy of this House and the manifesto commitment made by the Conservative party, which is now in government.