Leveson Inquiry

Debate between John Whittingdale and Jack Straw

Monday 3rd December 2012 Commons Chamber

[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?

[Mr Whittingdale]

Will the right hon. Gentleman acknowledge that Lord Hunt asked for a similar provision to that in the Irish Defamation Act, and that that is not a problem? None of us objects to that; it is the statutory underpinning, which is a completely different prospect, that people find objectionable.

[Mr Straw]

The hon. Gentleman and I must be reading two different Acts, because section 44 of that Act contains statutory underpinning. It gives the Dail, the Irish Parliament, more direct power over the Press Council of Ireland than ever is proposed by Lord Justice Leveson for the press board in the United Kingdom.

Public Confidence in the Media and Police

Debate between John Whittingdale and Jack Straw

Wednesday 20th July 2011 Commons Chamber

[Mr Whittingdale]

I know that it was widely believed that Sean Hoare’s testimony would not stand up in court.

I want to raise one other matter that relates to the actions that could have been taken by the previous Government. The one recommendation from the Information Commissioner, right back at the time of the “What price privacy?” report, was that the maximum penalty for breach of the Data Protection Act 1998 should be a custodial sentence. Press freedom is protected because there is a public interest defence in that Act. My understanding is that the right hon. Member for Blackburn (Mr Straw), who was the Home Secretary at the time, accepted that recommendation and it was Government policy to impose a custodial sentence as a maximum sentence, but he was then overruled by the then Prime Minister following pressure from the media.

[Mr Jack Straw (Blackburn) (Lab)]

The answer, which I will explain in more detail if I catch Mr Speaker’s eye, is that provisions to do both are on the statute book. They are in section 76 of the Criminal Justice and Immigration Act 2008, and it is a matter for the Government to implement them. It is quite wrong for the Government to assert that we took no action. We did act, consistently, with the Information Commissioner’s report.

[Mr Whittingdale]

I hope that the right hon. Gentleman will elaborate, because he is right to say that the measure is on the statute book, but it would have required a statutory instrument, I think, to implement, and that SI was going to be introduced, but was then dropped following meetings that took place in Downing street between members of the media and the Prime Minister.

The two issues that we are debating this afternoon—freedom of the media and the honesty of the police—are both absolutely fundamental to a free society. Therefore, I welcome the inquiries and the judicial review. I urge a slight note of caution on my right hon. Friend the Prime Minister when he says that he is contemplating whether politicians should be entirely removed from the process of assessing whether newspaper, press or media acquisitions or mergers should take place. There is a public interest test, and it is elected and accountable politicians who, ultimately, should determine the public interest. If politicians are entirely removed from the process, you have people who are unelected and unaccountable, and I am not sure that that is wholly desirable. However, I am sure that that is something that the review will wish to examine in due course.

I would also like to say a brief word in defence of the Press Complaints Commission, which does good work for many individuals who have specific complaints against single reports that have appeared in newspapers. It is a good complaint-handling organisation, but it was never intended to deal with the regular systemic breaches of the code, indeed breaches of the law, that are now being exposed. However, the fact that it did the job that it was asked to do well does not mean that we do not now need a stronger and more independent regulator, and I do believe that we have reached that time.

--- Later in debate ---

[Mr Whittingdale]

I do not answer for those on the Conservative Front Bench, but I can tell the right hon. Gentleman that the Select Committee on Culture, Media and Sport called unanimously for the Information Commissioner’s recommendation to be implemented. We welcome the fact that the Ministry of Justice has issued a consultation paper, but it is still my understanding that representatives of The Daily Telegraph, the Daily Mail and News International went to meet the Prime Minister to argue forcefully that that consultation should be dropped and that custodial sentences should not be imposed.

[Mr Straw]

If the hon. Gentleman is referring to the previous Administration, what he says is exactly correct. It is certainly true that representatives went to see the Prime Minister. They also came to see me. I had a discussion with them—they were entitled to their view—and I said, “We will have a public interest defence, but we will also have this increase in penalties to two years’ imprisonment on the statute book,” and both happened. It is there on the face of the Act. I would have introduced—

[Mr Whittingdale]

Why was it not implemented?

[Mr Straw]

It was not implemented at the time because we were required by the provisions which the Conservatives were desperate for—they would have done nothing. It was in the face of not only press opposition but Conservative opposition that I moved in the way I did to consider the matter. Both provisions went on the statute book, and both are there. I would have introduced both of them, had we won the election. Sadly, for this and other reasons, we failed to do so. It is up to my successor to follow that up.