Data Protection Bill [Lords]

Jacob Rees-Mogg Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 9th May 2018 Commons Chamber

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

Has this not been decided in the jewel of our legal system—that is to say, in front of a jury? Some people accused of things that would have been part of Leveson 2 have been acquitted, and a very few have been convicted, but once someone has been tried in front of a jury, it is fundamentally unfair, unjust and a question of double jeopardy if they are then brought before another tribunal and put once more on oath to repeat evidence that they have given before and then been acquitted for. It would be against British justice to proceed in that way.

[Matt Hancock]

The police inquiries and the prosecutions that followed were exhaustive, so much so that in 2015, the Director of Public Prosecutions said that the end had been reached of the need to inquire further into those criminal acts. Of course, the criminal acts were punished, and people were convicted and went to prison.

Crucially, the arrival of the internet has fundamentally changed the landscape. That was not addressed at the core of the first Leveson inquiry, but it must be addressed. Later this month we will publish our internet safety strategy, as I mentioned, in which we will set out the action we need to take to ensure that the online world is better policed. Many colleagues have raised with me huge concerns about online abuse and the inability to get redress. That is a significant challenge for the future, and we must address it.

However, the internet has also fundamentally undermined the business model of our printed press. Today’s core challenge is how to ensure a sustainable future for high-quality journalism that can hold the powerful to account. The rise of clickbait, disinformation and fake news is putting our whole democratic discourse at risk. This is an urgent problem that is shaking the foundations of democracies worldwide. Liberal democracies such as Britain cannot survive without the fourth estate, and the fourth estate is under threat like never before. These amendments would exacerbate that threat and undermine the work we are doing through the Cairncross review and elsewhere to support sustainable journalism.

The terms of reference of part 2 of the inquiry have already largely been met. Where action is needed, I do not back down from taking it. The culture that allowed phone hacking to become the norm has changed fundamentally and must stay that way. We have already seen reforms of police practices, with a new code of conduct for the College of Policing. As I said, we are discussing rules around disclosure. I can confirm that we have asked Her Majesty’s inspectorate of constabulary to undertake a new review of how police forces are adhering to new media relations guidance, as recommended by Sir Brian, and we will not hesitate to strengthen the rules further if that is needed.

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No ifs, no buts, no maybes—a clear promise to victims of the press. And here we come today, and we have the Government saying, “Let’s dump this promise. It’s too expensive—it’s a distraction.” How dare they? How dare they say that to the McCanns, the Dowlers and all the other victims? How can we be here? I say to Members across the House, in whatever party, that this is about our honour—this is a matter of honour, of a promise we made.

[Mr Rees-Mogg]

The right hon. Gentleman mentions what David Cameron, Nick Clegg and he did. It seems to have escaped his attention that David Cameron is no longer Prime Minister, that Nick Clegg is no longer Deputy Prime Minister, and that two former MPs and one still-existing MP cannot bind their successors. A new Parliament has the right to consider these matters afresh, and that is what is rightly being done today after countless police investigations and prosecutions, many of which ended in acquittal.

[Edward Miliband]

I give way to the hon. Gentleman’s constitutional knowledge, but I do not give way to him on morality—and this is a question of morality and of promises we made. Remember the furore about all these events? Remember how people looked at us? Remember how all of us—Labour Governments too—were too close to the press, and how we said we would learn lessons? I take my responsibility too. We should have acted earlier. All Governments should take responsibility. To break this promise would be contemptible.

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[Brendan O'Hara]

The right hon. Gentleman may push that to the vote, but new clause 20 seeks to impose on Scotland a system of press regulation from Westminster, even though this is wholly devolved. I appreciate the work that he and others in Hacked Off have tried to do to square that circle, but it has not been squared. Therefore, we cannot support a system of press regulation that will be imposed from Westminster on Holyrood. That is why I am so pleased that new clause 18 is presented in such a way that it takes on board all of our concerns. I am extremely grateful for the efforts made by the right hon. Member for Doncaster North (Edward Miliband) in fashioning the new clause in a way that allows the second part of the Leveson inquiry to take place while recognising the devolution settlement and the distinct position in Scotland. I commend the passion with which he put across his argument this afternoon.

There will be some who will say that part 2 of Leveson is now out of date—indeed, the Secretary of State said as much when he announced his plans to scrap it. People are right to say that much has changed since 2011, which was before Brexit or the fake news agenda dominated the newspapers, but we need to ask ourselves how much has really changed since the height of the phone hacking scandal. The Government are convinced that a step change has taken place, but I question whether it really has. The Secretary of State has pointed out that the world has changed, but these concerns are as relevant now as they were then.

We have seen how social media is now part and parcel of everyday life. Surely the time is right, with this second part of Leveson, to investigate the role of social media companies—Facebook, Twitter and others—in spreading fake news and disinformation. I would like to think that this inquiry would look to build on the outstanding work being done by the hon. Member for Folkestone and Hythe (Damian Collins) and his Select Committee in pursuing fake news and the spread of disinformation.

On behalf of the Scottish National party, I am delighted to have added my name to new clause 18 because I believe any reasonable person would agree that the terms of reference for this part of the Leveson inquiry have not yet been met.

[Mr Rees-Mogg]

The freedom of the press is so overwhelmingly precious that we should preserve it even if sometimes the press upsets us. It is amazing how many people who have had run-ins with the press have suddenly found that they think it should be more tightly regulated. Fascinatingly, the Daily Mail carried out a survey of their lordships House and discovered that more than a third of those who voted to shackle the press had been embarrassed by the press. May I therefore pay all the greater tribute to my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) for his impressive speech? He has suffered at the hands of the press, yet he recognises that the value of the free press is one of the great jewels in the crown of our constitutional settlement. But it is a jewel that has become tarnished because of actions taken by us; in four years, we have fallen in the rank of free nations from 30th to 40th, so that now we are behind Trinidad and Tobago, and, perhaps most insultingly, even below the French in freedom of the press. The clauses before us today should fill us with shame because they go to the heart of what we should believe in, in terms of our liberties, our freedoms and the rule of law.

New clause 18 seeks to have double jeopardy. Why did Leveson 2 not go ahead in the first place? It was because of a fear that trials could be made unfair by an inquiry going ahead at the same time. But those trials have now gone ahead and juries have returned verdicts. Interestingly, what verdicts did they return? It was not the ones the establishment expected. By and large, the journalists were found not guilty—not guilty of misusing any public office—but the police who gave them information were found guilty.

Was that not proper justice at work? The receiving of information as a journalist is your job, but the giving of information as a policeman is against the law. They have had justice, they have had the inquiry and they have been through the process, but now people want to put those found innocent through it again. They want to call them in front of a tribunal, to put them on oath, to put them in the stocks, and to let them be quizzed, questioned and interrogated so that the freedom of the press can be undermined and pressurised by those who have sometimes had the sharp lash of the press’s tongue against them. It reeks of self-interest.

[Richard Drax]

Will my hon. Friend give way?

[Mr Rees-Mogg]

I will not because time is so short.

Let me move on to new clause 20, the Max Mosley amendment. A man more cynical than I am might think that £540,000 donated to a certain political party might have had some influence on the desire to support IMPRESS—on the desire to support the creation of a known racist, a man who went on anti-Semitic rallies with his father. A party suffering from accusations of anti-Semitism wishes to be in bed with a man who gave it £540,000 to pursue his cause, which is to make IMPRESS the regulator of our free press, in the pocket of one of the most disreputable figures in this nation. IPSO has made leaps and bounds to ensure that it is a proper self-regulator. It is a self-regulator free from the taint of state approval, state authorisation and state regulation—

[Bill Wiggin]

And from responsibility.

[Mr Rees-Mogg]

The freedoms and liberties that we hold so dear should be preserved, even when they are inconvenient to us. The House may not have heard what my hon. Friend next to me just said. Baldwin’s line was that the press had the “prerogative of the harlot”—power without responsibility. That was his line, but I would rather have a free press in that condition than a Government-approved, propagandised press that took away all our ancient liberties. These new clauses must be wiped out and cut from the legislative book. We must preserve our freedoms.

[Ian C. Lucas]

This has been an excellent debate. I wish to tell the House about a victim of press intrusion. Twenty-one years ago, I represented the bodyguard who survived the crash that killed the Princess of Wales. I made it clear to the press at the time that neither he nor his family wished to be pressured, followed or traced by journalists. They completely disregarded my advice and treated someone who was gravely ill, and his family, appallingly.

When I saw the statements in the Kerslake inquiry last year, I saw that, contrary to what the Secretary of State has said, the situation has not changed. Individuals who were the victims of grave crimes were abused, their privacy invaded and their lives turned around by press intrusion. That was after Sir Brian Leveson had conducted his inquiry, and after he, a greatly respected judge, had told the Government that he fundamentally disagreed with their decision not to proceed with the second part of the Leveson inquiry.

Earlier, I intervened on the Secretary of State and asked him why the Conservative party previously supported the terms of section 40 of the Crime and Courts Act 2013, which it now opposes. For all the eloquence we have just heard, the position is that the Conservative party is breaking a promise that was made to victims of crime by a Prime Minister of this great country, the United Kingdom. Anyone who supports the Government today should be ashamed of themselves, because those victims of crime are the powerless who need protection from the powerful. The powerful are the people who are too close to those who have governmental power.

As my right hon. Friend the Member for Doncaster North (Edward Miliband) said, we know why this decision is being made—why the Conservative party is backing away from the promise made by a Conservative Prime Minister: it is frightened of the press and its influence. It is a shameful step that it is taking. I appeal to all individual and independent Members of this House to stand up for the powerless against the powerful and to support new clause 18. I implore the Secretary of State to be straightforward with the House.

Question agreed to.

New clause 19 accordingly read a Second time, and added to the Bill.