Data Protection Bill [Lords]

Joanna Cherry Excerpts

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

[Matt Hancock]

The arbitration is binding on the newspapers, meaning that anybody who wants to get redress from a newspaper in the scheme can do so up to a limit of £60,000, and then the recourse is through the courts. The Information Commissioner’s statutory code of practice is binding with respect to data protection standards; after all, this is a Data Protection Bill, so that is what is in scope.

Taken together, the changes from IPSO and the new clauses mean that Britain will have the most robust system we have ever had of redress for press intrusion and it will be accessible to all. It will achieve that and the benefits of high-quality journalism, without the negative effect that section 40 would have.

[Joanna Cherry (Edinburgh South West) (SNP)]

I thank the Secretary of State for giving way; he is being very generous in taking interventions. Before he finishes his peroration on the new clauses, will he confirm that they are purely procedural and will give members of the public, including our constituents, absolutely no new rights whatsoever?

[Matt Hancock]

No, that is not right. The statutory code of practice for journalists must be a consideration in the Information Commissioner’s judgments, and a failure to comply with the statutory code will weigh against the journalist in law. It has precisely the impact that we are trying to bring about.

New clause 18, tabled by the former Leader of the Opposition, the right hon. Member for Doncaster North (Edward Miliband), requires the Government to, in effect, reopen the Leveson inquiry, but only in relation to data protection. I want to say something specific and technical about the new clause. Even on its own terms, it would not deliver Leveson 2 as envisaged. It focuses on data protection breaches, not the broad question of the future of the press. The new clause, therefore, is not appropriate for those who want to vote for Leveson 2.

The first Leveson inquiry lasted more than a year and heard the evidence of more than 300 people, including journalists, editors and victims. The inquiry was a diligent and thorough examination of the culture, practices and ethics of our press, in response to illegal and improper press intrusion. There were far too many cases of terrible behaviour, and having met some of the victims, I understand the impact that had. The inquiry was followed by three major police investigations, leading to more than 40 criminal convictions. More than £48 million was spent on the police investigations and the inquiry.

--- Later in debate ---

[Joanna Cherry]

I was not in the House at the time, so correct me if I am wrong. Am I right in thinking that Brian Leveson recommended that incentivisation to encourage the publishers to sign up to an independent regulator?

[Liam Byrne]

Absolutely. It was a very delicate job. The structure put in place was designed to minimise any dangers to free speech but create incentives for the press to move to a scheme that gave low-cost arbitration and access to justice for victims. That is at the core of this debate.

I want to conclude with two points. The first is, I suppose, a plea to the House. If we have learned one thing from the scandals of the past 10 to 12 years—whether the expenses scandal, Hillsborough or Orgreave—it is that it is never the right thing to look at a scandal and decide that it is too expensive or that we are too busy to get to the bottom of what happened. That is the core of the argument to let Brian Leveson finish his job.

I want to give the last word to the father of Madeleine McCann. When Gerry McCann found out that the Government were proposing to scrap the second half of the Leveson inquiry, he said:

“This Government has abandoned its commitments to the victims of press abuse to satisfy the corporate interests of large newspaper groups… This Government has lost all integrity when it comes to policy affecting the press.”

I hope that we can reflect on those harsh words this afternoon and rescue the integrity that is currently endangered by the Government’s determination to sweep aside the lessons of history.