Leveson Inquiry

Debate between Jack Straw and Thérèse Coffey

Monday 3rd December 2012 Commons Chamber

[Mr Jack Straw (Blackburn) (Lab)]

When Sir David Calcutt produced his second report in 1992, he was damning in his criticism of the lack of serious progress made by the Press Complaints Commission in the previous two years. We in Parliament as well as the press are now reaping the whirlwind of that collective failure. In the intervening years, the Conservatives and then Labour failed to grasp the nettle of press standards. As Lord Justice Leveson makes clear, standards have fallen, not risen, in many, although by no means all, sections of the press. What the McCanns, the Dowler parents, J. K. Rowling and thousands of others have been subjected to should never happen in a society that prides itself on its freedoms, for all these victims have been deprived of the most basic rights of family life and justice to which we are all entitled.

I say to the hon. Member for Maldon (Mr Whittingdale) and the right hon. Member for Hitchin and Harpenden (Mr Lilley) that it is not the case that the problems we are dealing with are simply breaches of the criminal law which have not been investigated. Sir Brian Leveson states in his report:

“There have been too many times when, chasing the story, parts of the press have acted as if its own code, which it wrote, simply did not exist.”

The Prime Minister established the Leveson inquiry at the behest of my right hon. Friend the Leader of the Opposition because he knew there had to be major changes to end the intrusion and abuse the PCC and the many previous attempts at self-regulation had failed to end. If the Prime Minister deserves credit for setting up Leveson—and indeed he does—he has, I am afraid, undermined that by his extraordinary and impetuous decision to rubbish, within 24 hours of receipt of the report, Leveson’s key recommendation that there must be some statutory underpinning of a much-enhanced system of independent self-regulation.

I am sure that the Chairman of the Culture, Media and Sport Committee, the hon. Member for Maldon, has looked in detail at the fourth volume of the Leveson report, so he will have seen that what is proposed there by way of statutory underpinning includes providing incentives, such as in respect of costs, for the members of the press board—membership of which would be entirely voluntary.

Instead of a serious study of the Leveson report, the British press have produced some of the most extravagant comment I have witnessed from them. That includes Mr Trevor Kavanagh of The Sun, who claimed that Members of Parliament would risk

“looking like Putin or Beijing”

if we had a new press law.

We are all against any semblance of state control of the press. Sir Brian Leveson could not have been more emphatic about that. He says, in terms, that his proposed press board

“should not have the power to prevent publication of any material”

by the press. Instead he proposes a light-touch regulation system.

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

Mr Kavanagh might have had in mind the proposal on page 1780 of the report, which Sir Brian Leveson considers laudable and admirable:

“Interference with the activities of the media shall be lawful only insofar as it is for a legitimate purpose and is necessary in a democratic society, having full regard to the importance of media freedom in a democracy”.

One could imagine that being said in the Congress of China or Russia.

[Mr Straw]

I hope the hon. Lady makes better points than that if she is called to make a speech in this debate.

Turning to the objections that have been expressed about a light-touch regulatory system, I endorse the remarks of my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman). First, there is the objection the Prime Minister uttered, which is that

“for the first time, we would have crossed the Rubicon of writing elements of press regulation into the law of the land.”—[Official Report, 29 November 2012; Vol. 554, c. 449.]

As I pointed out to the House last Thursday, and as my right hon. and learned Friend pointed out again today, the Prime Minister’s claim is simply incorrect. The Press Complaints Commission came to me when I was Home Secretary to ask for protection to be written into the Human Rights Act 1998, particularly in respect of the apparent ease with which it felt complainants could otherwise get interlocutory injunctions to stop publication of material, for example, where it was likely to intrude into the privacy of individuals. I listened to the PCC and there were negotiations, the result of which is to be found in section 12 of the 1998 Act, subsection (4) of which says that when the courts are deciding whether or not to grant an ex parte injunction, they take into account, among other things, “any relevant privacy code”—the PCC code. In other words, it was the press themselves who wanted statutory force—legal force—to be behind their code, because they wanted protection. That was the crossing of the Rubicon, not anything in Leveson.

The second issue concerns the Irish Defamation Act 2009, to which my right hon. and learned Friend the Member for Camberwell and Peckham made such important reference. The Prime Minister said that we should look at that Act, because it

“runs to many, many pages, setting out many, many powers of the Irish Press Council.”

He added:

“It is worth Members of the House studying the Irish situation”—[Official Report, 29 November 2012; Vol. 554, c. 456.]

I have taken the Prime Minister’s advice, but it is a great pity that he failed to study that Act rather more closely. As my right hon. and learned Friend pointed out, although it runs to 35 pages, the provisions relating to the Press Council consist of one section—section 44—one schedule, which is two and a half pages long, and linking provisions such as those linking back to section 27, which provides a public interest defence for media firms that have signed up to the Press Council and have adhered to its code. I hope that the Secretary of State, or whichever Minister responds to the debate, will answer the question that has been put time and again from the Labour Benches and, to a degree, from her own: if the Irish Defamation Act is good enough for the Irish press, and has worked for them and for the British media with titles in Ireland, why would such a short set of provisions not be good enough for this House and the British press?