Policing and Crime Bill

John Whittingdale Excerpts

Ping Pong: House of Commons
Tuesday 10th January 2017 Commons Chamber

[Sir Gerald Howarth]

I am grateful for my hon. and learned Friend’s belief in my infallibility, and I assure him that he should not be misguided, because I am infallible in this instance as well. Let me respond to his point by saying that although there may be an eminent judge in the driving seat, the fact is that the membership is dominated by press and former press people. They are in the majority.

[Mr John Whittingdale (Maldon) (Con)]

That is not true.

[Sir Gerald Howarth]

It is true. Seven of the 12 are former press people, and that does not meet the Leveson conditions. Let us just meet the Leveson conditions: then we shall all be happy.

--- Later in debate ---

The claims from the Hillsborough victims for Lords amendment 24 are deeply touching, and I wish the wording of the amendment was easier to support. This was touched on by the hon. Member for Rhondda (Chris Bryant). My instinct is to support the victims of Hillsborough, but the wording of the amendment is not adequate. It proposes giving the Government a month to commission an inquiry, for example. My hon. Friend the Minister did a superb job in answering some of these points. The amendment is not good enough, but that does not mean that this matter ends here. I implore the Government to keep on with the good work that they are doing to ensure that we protect the freedoms of the press—the local press in particular—and, most of all, that we have a low-cost arbitration system, which will ultimately benefit everybody.

[Mr Whittingdale]

I had not intended to take part in the debate, but I want to say a few words about Lords amendment 24. A lot of the debate so far seems to have been about whether section 40 should be implemented, but that does not actually have anything to do with Lords amendment 24, which is specifically about whether there should be a further inquiry into the behaviour and performance of the police in relation to their dealings with news organisations.

Leveson 2, as it is now colloquially known, has been put on hold until the conclusion of all the criminal cases, and the amendment rightly recognises that it would be wholly wrong to have any kind of inquiry that could jeopardise criminal prosecutions. However, most of those prosecutions have now been concluded and it is worth looking at the outcomes of those prosecutions when deciding whether there is a case for proceeding. Operation Elveden, which was the police investigation into corrupt payments from newspaper organisations, overwhelmingly resulted in the acquittal of the journalists who had been charged with those offences. I think only two journalists were convicted; the vast majority were acquitted. We need to bear that in mind, because the suggestion that there was a massive corrupt relationship has not proven to be the case.

The hon. Member for Rhondda (Chris Bryant) talks about the importance of weeding out police corruption and of having confidence in an institution of the state. I completely agree with him on that. I want to refer briefly to the case made by the relatives of Daniel Morgan when considering whether there should be a further inquiry. I have every sympathy with the family of Daniel Morgan, who was murdered, because there was considerable evidence of police corruption. I can entirely understand their wish to have his killers brought to justice. A Home Office panel is examining that case at the moment, and we await its conclusion. It may well be that further action needs to be taken to deal with police corruption, and I shall wait to see what the panel concludes. Let us bear in mind that the Leveson inquiry was an inquiry into the culture, ethics and conduct of the press. It was not an inquiry into police corruption.

The main issue that has dominated the debate has been the implementation of section 40, which is not covered by this amendment. I share the views that have been extremely well expressed by my hon. Friends the Members for Worthing West (Sir Peter Bottomley) and for Torbay (Kevin Foster). However, the Secretary of State has set up a consultation. It concluded today, but it will take some considerable time before the results are made public. I believe that there has been a very substantial response to the consultation, so I do not expect the Government to be in a position to announce any conclusions about the implementation of section 40 or about whether there should be a further inquiry until that work has been done. I suspect that it will take several weeks, if not months. It seems entirely premature to table an amendment requiring the Government to commit now to a further inquiry when we have not even begun to assess the results of the consultation. For that reason, I strongly oppose Lords amendment 24.

[James Berry (Kingston and Surbiton) (Con)]

I support Government amendment (a) in lieu of Lords amendment 134. Having heard the hard-hitting accounts of my hon. Friends the Members for Cheltenham (Alex Chalk) and for Gloucester (Richard Graham) in their report on stalking, no one can be left in any doubt that the Government amendment should be carried.

Turning to Lords amendment 137, having represented the police and the prosecutorial authorities as a barrister, and having represented victims both as a barrister and as a Member of Parliament, I hope I can see the situation from both angles. I am entirely supportive of the victims code. Victims have generally been empowered since the code came into force as a result of steps taken by the previous Labour Government, and the beefing up carried out by the coalition Government and the Government of today.

My concern about Lords amendment 137 is that it would make the police and prosecutorial authorities responsible, and in some cases financially liable, for breaches of the victims code, even if they are not directly responsible. Under new subsection (3)(a), for instance, the police or the CPS could become responsible to a victim for delays caused not by them but by a third party, such as the defendant. Under new subsection (3)(b), the CPS could be held responsible if a defendant, or indeed another party over whom it has no control, treats a victim with a lack of “dignity and respect”. That often happens in the courtroom when a defendant gives evidence, or even through how a defendant instructs their lawyer to present their case, but that is a matter for the judge, not the prosecutor, to control.

New subsection (10) is even more concerning because it would require the Home Secretary to

“take steps to ensure that victims of crime…have access to financial compensation from public funds for any detriment arising from the criminal case concerned”.

That is not necessarily a detriment caused by the prosecuting authority, and there is no requirement of bad faith, recklessness or negligence on behalf of that authority. That is a big step both in principle and in practice. It is a big step in principle because it appears to impose a liability on one body for the actions of a third party over whom it may have no control, and it is a big step in practice because it exposes the police and prosecuting authorities to a significant financial burden at a time when we regularly have debates in this House on the need for greater funding for the police and the CPS. Paragraph 128 of the explanatory notes on the amendments explains that “potentially significant” financial burdens are attached.

Although I am an enthusiastic supporter of the victims code and the need to give victims the very best support, imposing a broadly defined liability—indeed, a financial liability—on the police and the CPS is not the right way to proceed without more thought about furthering the aims of the code. More thought is needed, and I am pleased that the Government will be introducing their own proposals to give effect to our manifesto commitment for a victims’ bill of rights. I am sure that that work will take account of the excellent work of the hon. and learned Member for Holborn and St Pancras (Keir Starmer) and his commission. I pay tribute to his work and to all the people involved, including a number of my constituents.

Question put, That this House disagrees with Lords amendment 24.

The House proceeded to a Division.