BBC

Debate between John Whittingdale and Lord Clarke of Nottingham

Thursday 12th May 2016 Commons Chamber

[Mr Whittingdale]

The hon. Gentleman has an expert knowledge of the workings of the BBC. I welcome the fact that he is able to support a number of the proposals set out in the White Paper. He referred to a couple of things that were not in it, such as a proposal that the BBC should not schedule popular programmes against ITV’s popular programmes. I have said until I am blue in the face that the Government do not wish—and should not be able—to tell the BBC when to schedule programmes. The fact that that proposal does not appear in the White Paper should not therefore come as a great surprise to him.

Our intention is for the BBC to publish the salaries of talent earning more than £450,000, but we hope that the BBC will go further in due course, so as to obtain greater transparency on salaries. We will continue to talk to the BBC about that.

The hon. Gentleman raised specific points about the BBC’s need to serve the nations, and Scotland in particular. There are two elements in the White Paper that we believe will make a significant difference. The first is the confirmation that one of the members of the board will be there to act as a voice for Scotland, as well as bringing additional skills. Secondly, there will be a specific service licence for Scotland, which Ofcom will issue, as it will for the other nations of the UK; that will set out the expectations of how the BBC will go about meeting that requirement.

The hon. Gentleman may be aware that the BBC sent a letter this morning to the Cabinet Secretary for Culture, Europe and External Affairs in the Scottish Government, whom I spoke to yesterday afternoon. It set out some of its proposals in more detail. A lot of this is a matter for the BBC rather than the Government, but the letter stated that in the next charter period the BBC will continue its commitment

“to spend network television production roughly in line with the population size of each nation.”

Other issues that the hon. Gentleman has raised are more a matter for the BBC, and I am sure that he will wish to discuss them with it.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

The Secretary of State will recall that I was one of those who came to the Chamber yesterday with a certain amount of concern about his views on the independence and quality of the BBC, but he was able to reassure me. Does he share at least a little of my sympathy for the hon. Member for Garston and Halewood (Maria Eagle), because every fox that she expected to see running appears to have been shot, and the hounds that she expected to release appear to be running around in some confusion? Does he have any idea where all the rumours that caused so much alarm before this statement came from?

[Mr Whittingdale]

My right hon. and learned Friend is right. I have always voted in favour of the preservation of foxhunting, and we have done a lot of fox shooting this morning. The independence of the BBC—particularly its editorial independence—has always been at its heart, and that is one of the reasons it is so trusted around the world. It has always been our intention not to diminish that but to strengthen it, which is what I believe the White Paper delivers. I previously quoted the chairman of the BBC Trust welcoming the proposals in the White Paper, and I understand that the director general has now put out a statement:

“This white paper delivers a mandate for the strong, creative BBC the public believe in.”

White Paper on the BBC Charter

Debate between John Whittingdale and Lord Clarke of Nottingham

Wednesday 11th May 2016 Commons Chamber

[Mr Whittingdale]

I agree with the shadow Secretary of State’s opening comments. The BBC has a very trusted place in British life and does a huge amount to support creative industries, and its global influence is enormous. We agree on those things and I am determined to preserve them, but to say that I have been dragged to Parliament is a little bit rich when it has always been the intention for us to make a full statement when the House is sitting—that will take place tomorrow.

The shadow Secretary of State set out three concerns on which she said she would judge our White Paper. I am not going to reveal the contents of the White Paper before it is published, but I can tell her that she will find that we agree with her about all three of the concerns she outlined and that they will be met.

We have had an extensive consultation and have taken account of it. The hon. Lady has asked legitimate questions. I would simply say to her that they are legitimate questions for tomorrow when she has had the chance to read the White Paper rather than for now, when she has read comments in the newspapers that range from complete fantasy to others that are quite well informed but certainly not informed by me or my Department.

We occasionally criticise the BBC for repeats and insist on original content wherever possible, but I suspect we will have an awful lot of repeats tomorrow from the hon. Lady, because that is when she should ask the questions and when I shall be happy to provide her with answers.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

Does my right hon. Friend agree that that worldwide reputation of the BBC, which he and I admire, depends above all on its obvious independence, and the fact that it is seen to be independent of the Government and all other pressure groups? Will he reassure me, as he tried to reassure us a few moments ago, that tomorrow’s White Paper will reinforce that reputation, and that it will be plain on the face of it that there is no threat to the BBC?

[Mr Whittingdale]

I agree with my right hon. and learned Friend. I have always made it clear that editorial independence is an incredibly important principle and that we will do nothing to undermine it. Indeed, I hope that, when he sees the White Paper tomorrow, he will find that we have done our best to strengthen it in some areas.

Defamation Bill

Debate between John Whittingdale and Lord Clarke of Nottingham

Tuesday 12th June 2012 Commons Chamber

[Mr Clarke]

If anybody is defamed by a publication in this country or wants to act against a defendant who is domiciled in this country, they will be able to bring an action. I do not regard that as libel tourism. The problem arises when two people in the same country start suing each other because half a dozen copies of some foreign language publication have in theory been available on some bookstall in London and this jurisdiction is chosen to try to get a remedy. I hope that what we have done will ensure that people with powerful interests around the world will not so easily be able to use our courts.

[Mr John Whittingdale (Maldon) (Con)]

Can the Secretary of State confirm that the Saudi business man almost certainly exists? The Rachel Ehrenfeld case was heard in this country when there was no connection other than the 23 copies of her book that were sold, yet it resulted in the passage of the Libel Terrorism Protection Act in New York. It is a mark of shame against this country that New York state thought it necessary to pass an Act specifically aimed against this country.

[Mr Clarke]

I made my remark about the case being hypothetical to avoid being drawn into arguments about that case, which is rather familiar to people who know this subject. There are arguments about how far the plaintiff had connections with this country and a reputation here, but as it happens I was producing the example of a Saudi and an American purely hypothetically and I do not think I should get drawn into the merits of a past case. My hon. Friend, who is an expert in this field, rapidly understood why those particular nationalities had leapt to my mind when I gave the example.

Alongside these adjustments in the law to help support freedom of expression, I want to ensure that effective remedies are available for those defamed. Often what most concerns claimants is not financial compensation, but meaningful public clarification that a story was wrong. We have therefore included provisions in clause 12 extending existing powers to enable the court to order publication of a summary of its judgment. Parties will be encouraged to reach agreement, where possible, on the contents of the summary and issues such as where, when and how it is to be published. However, in the absence of agreement, the court will be empowered to settle the wording of the summary and give directions on those other matters.

In addition to protecting freedom of expression and reputation, the Bill seeks to modernise the law. Our biggest difficulty has been in relation to the web, the internet and so on. Currently, website operators are in principle liable as publishers for everything that appears on their site, even though the content is often determined by their users, but most operators are not in a position to know whether the material posted by their users is defamatory or not, and very often, faced with a complaint, they will immediately remove material. The Government want a libel regime for the internet that makes it possible for people to protect their reputations effectively, but which ensures that information online cannot be easily censored by casual threats of litigation against website operators.

Oral Answers to Questions

Debate between John Whittingdale and Lord Clarke of Nottingham

Tuesday 17th May 2011 Commons Chamber

[Mr John Whittingdale (Maldon) (Con)]

2. If he will estimate the number of existing injunctions granted on the grounds of invasion of privacy.

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

The Ministry of Justice currently holds some limited data on the numbers of injunctions applied for in the county courts, but they do not allow identification of anonymity injunctions. The Department’s chief statistician is currently considering how robust data on the number of anonymity injunctions issued by the courts might be collated in the future.

[Mr Whittingdale]

Is my right hon. and learned Friend concerned about the possibility that the large number of injunctions that appear to be being granted on a routine basis suggests that the courts are paying insufficient regard to section 12 of the Human Rights Act 1998, which was intended to protect press freedom? Given that, and given the huge speculation on the internet about the identities of those who have obtained injunctions, does he feel that the time is approaching when Parliament may need to revisit the issue?

[Mr Clarke]

I do not think any of us know whether the number is increasing. As far as I am aware, there have been two super-injunctions since the John Terry case, but the word “super-injunction” gets used very widely. I realise there is increasing concern, however. I personally have strong views on the secrecy of justice. We have a tradition of open justice in this country. Plainly, I believe in the freedom of the press and freedom of speech in this country, even when it is sometimes exercised provocatively, as it is supposed to be in a free country, but there are also areas where an individual is entitled to have their privacy protected. The time is certainly coming when the Government are going to have to look at this matter, although we will probably wait until we have had the report of the Master of the Rolls, who is looking rather more closely at the procedural aspects.

Reforming Civil Justice

Debate between John Whittingdale and Lord Clarke of Nottingham

Tuesday 29th March 2011 Commons Chamber

[Mr Clarke]

When I took over the right hon. Gentleman’s desk and chair about 11 months ago, one of the first things I picked up was the Jackson report, which he had commissioned. As he says, it was on his desk, but he had not had time to implement it. I was immediately attracted by its approach to cutting costs, so I am glad that he and I continue to agree on that. I am astonished to hear his description of insurance companies selling claims, although I have come across it. They do not all do it, but this just adds gloss to the strange way in which this has all developed. I am also struck by the huge cost of these practices for institutions such as the national health service, which, in a bad year, can spend about £400 million—little short of half a billion—on legal fees. In many areas of practice, the legal fees are the biggest bill for the defendant. They often exceed the amount of compensation paid to the claimant. The right hon. Gentleman was obviously anxious to reform the system, and I am anxious to do so as well. I am glad to have taken up the baton.

[Mr John Whittingdale (Maldon) (Con)]

Is my right hon. and learned Friend aware that the Culture, Media and Sport Select Committee received considerable evidence that the massive increase in the cost of libel actions that can result from the use of conditional fee arrangements is having a seriously chilling effect on investigative journalism? Does he accept that the measures he has announced this afternoon are in some ways even more important for sustaining investigative journalism and scientific debate than the measures contained in his draft Defamation Bill?

[Mr Clarke]

I think that is right. This will have a big impact on defamation cases where people threaten the publisher of something they do not like with enormous costs if they want to defend the action. This is having, to use the jargon phrase, “a chilling effect” not only on scientific and academic work, but on proper investigative journalism. When we put the draft Defamation Bill together with what we are proposing to do in the light of Rupert Jackson’s proposals, the way in which we are setting up no win, no fee generally and the announcements I have made about the jurisdiction of the courts, I think we will make a significant impact on lowering the costs of all this litigation to the advantage of plaintiffs who have a legitimate grievance and of defendants. We are going to stop the whole thing being a high roller’s gamble, which is what it is at the moment, as to whether the other side dare face the risks of the huge costs being piled up the moment a claim is brought.