Public Confidence in the Media and Police

Debate between Jack Straw and Simon Hughes

Wednesday 20th July 2011 Commons Chamber

[Mr Straw]

It was not implemented at the time because we were required by the provisions which the Conservatives were desperate for—they would have done nothing. It was in the face of not only press opposition but Conservative opposition that I moved in the way I did to consider the matter. Both provisions went on the statute book, and both are there. I would have introduced both of them, had we won the election. Sadly, for this and other reasons, we failed to do so. It is up to my successor to follow that up.

[Simon Hughes]

My understanding is that the consultation ended in January 2010. The measure could have been implemented before the general election.

[Mr Straw]

In practice, in those circumstances, it probably could not have done. My only regret is that I listened too much to the Conservative Opposition. It is not a mistake I will make again.

On press regulation, I listened carefully to what the Prime Minister had to say. His formulation of independent regulation is a sensible one, if I may say so. As I wrote in an article in The Times on Monday, which was a synopsis of a lecture I gave last week, it is important that we do not frame the debate about press regulation in terms of four legs good, two legs bad, so to speak—between self-regulation, which is apparently good, and imposed regulation, which is apparently bad. We must have a balance between the two.

The press will always be subject to the general law—the law of defamation, the law of copyright, and the emerging law of privacy. That is entirely correct. It is also the case that there should be a high degree of self-regulation, but self-regulation, as we now know, cannot operate by itself because ultimately self-regulation is self-serving. The best proof of the failure of self-regulation is the fact that the Express newspaper group withdrew altogether from the Press Complaints Commission structure in January this year, rendering any possibility of sanction by the PCC nugatory.

So there has to be a statutory framework, but I suggest that that statutory framework can strengthen the freedom of the press if it is properly imposed. An independent press commission should be established, which should have a duty to protect and enhance the freedom of the press, as well as to protect the rights of individuals, particularly in respect of their privacy.

The membership of that body should not be appointed by Ministers or by Parliament. Instead, what should be established by law is an appointing committee at arm’s length from both that, in turn, on a formula, would appoint the independent members of that committee, and the majority of those members ought to be independent, not media representatives. As we have heard, the powers of that commission should include powers of investigation, powers to require a retraction and, in extremis, powers of financial penalty.

I profoundly disagree with my right hon. and noble Friend Lord Kinnock. There is not a parallel here between the broadcast media and the print media. That is a profound error. The broadcast media have to be statutorily regulated—apart from anything else, there is a shortage of spectrum and a high value on it. Of course, it has to be regulated, and in our culture, that regulation is subject to a requirement of balance. However, it would be antithetical to a democratic society to place a requirement of balance on the print media. Doing so, in turn, would also require newspapers to be licensed, which would be anathema.

Instead, we need the commission to establish these high standards. The Government should do what neither the Labour Government nor previous Governments going back more than 40 years did: follow the recommendations of the Younger commission and the late Sir David Calcutt’s committee in 1991 and put in place a tort of infringement of privacy, in addition to the development of a privacy law under the Human Rights Act 1998. Many will think that a slightly technical point, but it is of great importance. Each of us as citizens has direct rights if we are defamed or if our intellectual property rights to what we write are transgressed, but we do not have direct rights if our privacy is invaded. We should. The reforms that I have suggested, which I think can command support across the House—by the way, I am glad that the Press Complaints Commission said in The Times yesterday that it supports them too—could provide a basis for this House to make strong recommendations to Lord Leveson’s inquiry about the way forward.

Constitution and Home Affairs

Debate between Jack Straw and Simon Hughes

Monday 7th June 2010 Commons Chamber

[Mr Straw]

The answer is no. I would also say to the hon. Gentleman that a very significant proportion of Labour Members, including myself, would never have accepted such a proposition had it been put forward—let us be absolutely clear about that.

We support proposals for recall, which we proposed before the election, although the detail will have to be carefully thought through.

Many of the other aspects set out in the coalition agreement are non-controversial. I am glad to see the Administration support the proposals of the Wright Committee, and I hope that we will see good progress made on them. I say parenthetically, on a subject that concerned me greatly when I was in government, that I continue to be concerned about how we conduct our Report and Committee stages on the Floor of the House.

There is another unsatisfactory matter, and I hope that the Leader of the House will consider it. Since there is likely to be some element of timetabling, or even if there is not, we need better order when the House is considering legislation clause by clause, not least by allowing the Chair a discretion to set time limits on speeches. One of the most important functions discharged by this House on the Floor of the House is the consideration of legislation. The old system before 1997 led to great frustration, as did the system post-1997. What we have not yet got right is adequate provision to ensure that Back Benchers especially can take part constructively in debates without those debates being undermined either by too hasty Government timetables or, frankly, by some Back Benchers hogging the whole of the time by filibustering.

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

On the questions of Lords reform and the legislation for a referendum on voting reform, may we have a clarification from Labour that both will be the subject on the Labour Benches of three-line Whips here and in the House of Lords?

[Mr Straw]

The hon. Gentleman will have to allow me to say that I consult my colleagues about the whipping arrangements that would apply. [Interruption.] My right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson) is speculating about whether the hon. Member for Bermondsey and Old Southwark (Simon Hughes) is worried about something. My advice is for him to worry about how he and his party are going to vote and we will worry about how we vote.