Royal Charter on Press Conduct

John Whittingdale Excerpts

Monday 18th March 2013 Commons Chamber

[Mr John Whittingdale (Maldon) (Con)]

I join those who have already congratulated the leadership and members of all three parties on achieving at the eleventh hour an agreement on a way forward. It is now more than six years since Clive Goodman and Glenn Mulcaire were convicted of unlawful interception of communications. The reverberations from that are still continuing, but what we know for certain is that the initial claim that it was one rogue reporter was completely untrue. We now have evidence to suggest that the claim that it was one rogue newspaper was also untrue. We await further developments, but we are now on the point of getting what was needed for at least that six years or, arguably, for far longer—a tough independent regulator of the press with real powers, able to carry out investigations. That is necessary to avoid any repetition of the abuses we have seen.

[Paul Farrelly]

rose—

[Mr Whittingdale]

I give way to my fellow member of the Select Committee.

[Paul Farrelly]

I thank the Chairman of the Committee on Culture, Media and Sport for giving way. After the journey we have all been through, does he agree that to command public confidence, what we need now for the new regulator is a new chairman and also a new chairman of the code committee so that we can have a clean break from the discredited past?

[Mr Whittingdale]

We do need a new tough regulator, and the appointments to it will be conducted under the processes now contained in the royal charter. There is a recognition body to be established that will make sure that those appointments are compliant with the requirements of the Leveson report.

I want to make sure that the House does not lose sight of the fact that although there have been terrible abuses committed by the press, we still need to recognise the vital role that the press play in a democratic society. The press have also been responsible for uncovering acts of corruption and abuse of power, and that does not apply only to the broadsheet newspapers: some tabloids have an equally honourable record in conducting such campaigns. As I think the Deputy Prime Minister said, we should recognise the vital importance of local newspapers, and ensure that whatever system we introduce does not add to the burden on them at a time when they are experiencing very difficult economic circumstances.

The majority of Lord Justice Leveson’s recommendations have always been the subject of agreement on all sides. Everyone agrees about the need for a tough, independent regulator. It may well be that the outside world will wonder why, in that case, it took until two, three or four in the morning for agreement to be achieved on what might appear to be a very small issue. However, I commend the Prime Minister for his recognition of the fact that even a small amount of legislation could—I repeat, could—be very dangerous. Certainly the suggestion of statutory underpinning caused real concern, and not just among people who were singing to the tune of the press. Organisations that are dedicated to fighting for civil liberties in this country and abroad also raised genuine concerns about the implications.

[Caroline Lucas (Brighton, Pavilion) (Green)]

I welcome the agreement, but does the hon. Gentleman agree that it is disappointing that the proposals do not deliver equality in terms of women’s representation on the regulatory and overseeing bodies, and thus do not address the endemic sexism that is sadly very present in the British press today?

[Mr Whittingdale]

I am afraid that I do not share the hon. Lady’s disappointment. The last thing I want is for the royal charter, or the House in particular, to dictate who should or should not serve on the regulatory body. That is a matter for the press, although it will need to meet the requirements laid down by Lord Justice Leveson, which will be enforced by the regulatory body. However, I am sure that the press will have heard what the hon. Lady has said, and will want women to be represented on the body when it comes to make its appointments.

This will be a voluntary system. It will be possible for Private Eye, perhaps The Spectator, perhaps even a major newspaper, to stand outside the system, and maybe to have its own regulatory body; but if the press are to enjoy protection from the award of exemplary damages in defamation actions, some legislation will be required. I think that that has always been accepted, and I think that it is sensible. It is ironic that some of those who have been campaigning on the issue were prepared to jeopardise the Defamation Bill, which they themselves recognised as being so important, and which is vital to the protection of not just the press but individuals who suffer defamation.

[Mr Peter Bone (Wellingborough) (Con)]

Will my hon. Friend say a little about the process that has taken place? A major reform has been decided behind closed doors with representatives of party leaders, perhaps unelected. Members of Parliament did not even have a chance to look at the draft until the beginning of the debate. Is he in any way concerned about that?

[Mr Whittingdale]

The original draft was published some days ago, although it has been subject to amendment. I fear that the truncation of the process over the past 24 hours has prevented us from having as much time as was desirable, but if the outcome has been the achievement of all-party agreement and the opportunity to have this debate, I personally welcome that outcome.

The safeguard in the charter—the requirement for a two-thirds majority in both Houses—is welcome because it will send the message that politicians will tamper with the royal charter at their peril. It is, of course, somewhat cosmetic, as any future Government with a majority in Parliament could overturn it and legislate if they chose to do so. It does, however, send the additional, powerful message that this is something in which politicians should not become involved. That issue has always underlain all my misgivings—and, I think, those of my hon. Friends—about the original recommendations in Lord Justice Leveson’s report.

I greatly welcome the fact that we have now achieved this agreement. I hope that it will deliver what we all want: a free press, protected from interference or pressure from politicians, but at the same time subject to clear rules enforced by a tough and independent regulator. If that is the outcome, the House will have done a good job.

--- Later in debate ---

[Mr Buckland]

rose—

[Mr Whittingdale]

rose—

[Sir Roger Gale]

I give way to my hon. Friend the Chairman of the Culture, Media and Sport Committee.

[Mr Whittingdale]

My hon. Friend is correct that the code committee will remain with a majority from the industry, but does he accept that nobody, as far as I am aware, has ever complained about the code? It is generally recognised that the code was fine; the problem was that nobody paid attention to it.

[Sir Roger Gale]

The code may have been honoured more in neglect than in recognition. There is a danger, depending on who is the regulator—or, in this case, who are the regulators—that that could happen again.

I do not want to take up any more time. I welcome what has been achieved by my right hon. Friend the Prime Minister and by colleagues. I hope it will work, but we will have to keep a very watchful eye indeed on the implementation and—to take the point raised by my hon. Friend the Member for Maldon (Mr Whittingdale) —the enforcement of the code of practice.