Public Confidence in the Media and Police

Lord Cameron of Chipping Norton Excerpts

Wednesday 20th July 2011 Commons Chamber

[The Prime Minister (Mr David Cameron)]

I beg to move,

That this House has considered matter of public confidence in the media and the police.

You have heard a lot from me already, Mr Speaker, so I will keep my opening remarks brief.

I want to start by paying tribute to this House and to hon. Members who sit in it. Just a couple of years ago, at the height of the expenses scandal, people said we had lost relevance and that we no longer properly represented the constituents we served. We have got a long way to go before regaining full public trust, but the past two weeks have shown the House, in many ways, at its best.

We have seen the true worth, for instance, of our Select Committees, with the forensic scrutiny of those in positions of power, in the public interest. I particularly want to pay tribute to those chaired by my hon. Friend the Member for Maldon (Mr Whittingdale), the right hon. Member for Leicester East (Keith Vaz) and my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith). We have seen vigorous debate, with this House leading the public debate, finishing of course with News Corporation’s withdrawal of its bid to take over BSkyB, and we have seen cross-party support and action to get to the bottom of what happened and learn lessons for the future.

We now have in place a judge-led, independent public inquiry. It will have all the powers necessary, and I want to start the debate by saying that we must be careful not to pre-empt all its deliberations or seek in advance to answer all the questions it must address. There is a good reason for setting up this inquiry, and we must let it do its work. That does not mean that we should not be clear about the big picture of what needs to be done. As I said a moment ago, all this has got to begin and end with the victims; it is they who have suffered the most, and we must do right by them.

In opening this debate, I simply want to set out the four vital questions that we need to answer, which in turn lead to four vital things that we, as a House of Commons, must resolve never to let happen again. The first question is how we can secure a free and vibrant media, completely unafraid to challenge authority but operating within the law. We must never again see this widespread lawbreaking, including the terrible crimes committed against people who have already suffered. We should not assume that those practices extend across all media, some of which have an excellent reputation, but neither should we think that this is isolated in just one institution.

The second issue is how we can secure strong, well-led, independent yet accountable police forces that are able to pursue the powerful without fear or favour. Yes, they must be able to work constructively with the media, but never again should they be at risk of being corrupted by the media.

[Barry Gardiner (Brent North) (Lab)]

The Prime Minister will know that Operation Weeting began just four days after the resignation of Andy Coulson. Can he therefore confirm to the House that no one at No. 10—neither he nor any of his officials or advisers—had any notice of the commencement of Operation Weeting?

[The Prime Minister]

I can only speak for myself: I had no notice of it. I know full well that Andy Coulson’s resignation, and the timing of it, were not connected to any event like that. The timing of it was simply a result of his recognising that he could not go on doing his job with that swirl of allegations going on. To be fair to Andy Coulson, he recognised that the second chance that I had given him had not worked. That is why I have been so clear about that issue today.

The third issue is how we can bring about a situation, which he have discussed a lot today, in which governing parties eager to hold on to power or opposition parties yearning to win power can have a sensible, healthy relationship with media groups and owners without ducking the regulatory issues that need to be addressed. We must never again get into a situation in which the issues of effective media regulation are left on the shelf year after year.

[Penny Mordaunt (Portsmouth North) (Con)]

In response to the Prime Minister’s call for party leaders to join him in publishing their dealings with the media, the Leader of the Opposition heckled “No, you’re the Prime Minister”. Does my right hon. Friend agree that this situation would be greatly helped if those who aspired to be the Prime Minister behaved like one?

[The Prime Minister]

I am sorry that my hon. Friend did not get in to speak among the first 138, because that was an absolute cracker.

We have seen that cosiness with the media is clearly a problem for the police, but it might be a problem for other walks of public life as well. I have therefore asked the Cabinet Secretary to write to all permanent secretaries to ask them to review the way in which contacts between the media and their staff, and other professional groups that work with their Departments, are regulated and recorded. We see that there is a problem with the police and the media, and we need to get ahead of there possibly being problems with other groups as well.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

Given that the Prime Minister has today dismissed the evidence set out in The New York Times that caused the police to reopen the investigation into phone hacking, does he have confidence in their decision-making processes? Or does he think that press reports should not be part of police investigations?

[The Prime Minister]

Of course everything that is published should be brought to my attention and to the police’s attention. The point I am making is that if I had been given evidence that Andy Coulson knew about hacking, I would not have hired him, and if I had had evidence that he knew about hacking, I would have fired him. I cannot put it any simpler than that.

[Alan Johnson (Kingston upon Hull West and Hessle) (Lab)]

Will the right hon. Gentleman give way?

--- Later in debate ---

[The Prime Minister]

I will give way in a moment; I want to make some progress.

The fourth and final challenge is how we address the vexed issue of media power. We need competition policy to be properly enforced. We need a sensible look at the relevance of plurality and cross-media ownership. Above all, we need to ensure that no one voice—not News Corporation, not the BBC—becomes too powerful. We should be frank: sometimes in this country, the left overestimates the power of Murdoch, and the right overdoes the left leanings of the BBC. But both have got a point, and never again should we let a media group get too powerful.

[Alan Johnson]

John Yates wrote to me, as previous Home Secretary, last week. He wrote me a private and confidential letter, in which he said—[Laughter.]

[Alan Johnson]

I accept that there is a certain paradox involved here.

The letter says:

“The reason that a new investigation has been commenced and the situation has subsequently changed so markedly”—

that is, since the advice given to me as Home Secretary—

“is that in January 2011 News International began to co-operate properly with the police. It is now evident that this was not the case beforehand.”

January 2011 was when Andy Coulson resigned. Does the Prime Minister think that that is just a coincidence?

[The Prime Minister]

The point I was going to make, which is important, is that in my understanding, the reopening of the investigation was in response to new information from News International, and that it was not in response to the April article. The point about Andy Coulson’s resignation, which had been under discussion for some weeks, was that he recognised that he could not go on doing his job. It was not, to the best of my memory, connected with any single event. It was literally: “I can’t go on being an effective communications spokesman. I have to resign. Let’s just make sure we get on with it and do it in an orderly way.” [Interruption.] I know that that does not fit the many conspiracy theories that hon. Members have tried to produce, but that is actually what happened.

Let me make three suggestions on media plurality and power. One: it is right that there are good and proper legal processes for considering media mergers, but we should ask whether politicians should be abstracted from them altogether. Two: it is right that there is a plurality test, but we should ask whether that test should be ongoing, rather than just considered at the time of takeover. Three: plurality is difficult to measure, especially in the modern internet age, but we should not rule out the idea of limits, and it is right that the inquiry should look at this issue.

[Mr Andrew Tyrie (Chichester) (Con)]

What the Prime Minister has said about plurality is extremely interesting and important, and it will have a bearing on the future structure of Ofcom, but does he agree that we need to think carefully before tearing up the main provisions of the Enterprise Act 2002, which keeps Ministers out of decisions on takeovers and mergers?

--- Later in debate ---

[The Prime Minister]

I certainly agree with that. Indeed, I think that there might be a case, when it comes to media mergers, for trying further to remove politicians. In regard to all the issues that have been raised so many times today, that might be one way of putting all this beyond reproach.

It might sound decisive to talk about never letting these things happen again, as I have done, but let us be frank: it is far more difficult to deliver that outcome. We in this House need to recognise some home truths about the subjects we are discussing. First, none of these questions—for instance, about media influence and power—is new. There has been a debate about undue influence that stretches from Beaverbrook to Rothermere to Murdoch. Ironically, with newspapers declining and the internet booming, this should be becoming less of a problem. Nevertheless, a problem it remains. In my view, this simply underlines the need for the inquiry, because it will help to jolt us politicians into action, and that is no bad thing.

[Chris Bryant (Rhondda) (Lab)]

Sue Akers, who is now in charge of the investigation, says that what broke the logjam of the cover-up was the civil cases that were taken by individuals forcing disclosure by News International. Part of the problem, and one of the reasons we have all failed in this over the past 20 years, is the fact that News International and Metropolitan police officers directly lied to Parliament, and the Select Committees were either unable to or did not do anything about it. One of the problems with the Leveson situation is that, because of the Bill of Rights 1689, he will not be able to consider whether Parliament was lied to. We are the only people who can decide that. Will the Prime Minister ensure that there is a point at which we in this House can make that decision?

[The Prime Minister]

The hon. Gentleman is making an important point. His recognition that this is a 20-year issue in which politicians of all parties have not stepped up to the mark is wholly to his credit. I want to take away his question of parliamentary privilege and the Bill of Rights and give him a considered response to it, because I do not want the inquiry to be prevented in any way from getting to the truth. Our constituents would not understand it if there were some process, however important it might be historically, that could prevent that from happening.

The second home truth is that none of these questions is restricted to Britain. Right across the world, there is a problem of ensuring that police forces are accountable to the Government yet independent from them. We must never compromise operational independence. This goes to some of the questions that I was asked earlier. We must not move to a system in which politicians can step in to say, “Why haven’t you re-run this investigation?” or “Why haven’t you arrested that person?” We need to think for a moment where that would lead. But that makes it all the more important that police leadership is strong, and that the police are called to account when they fail. That is why we are introducing directly elected police and crime commissioners, to bring proper accountability to policing.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

I am grateful to my right hon. Friend and I agree very much with the point he has just made. However, does he not agree that he needs to be absolutely clear beyond any doubt that no elected police and crime commissioner can direct that an investigation should not begin, or, indeed, should begin?

[The Prime Minister]

That is absolutely right—we must maintain operational independence. The point about the police commissioners is calling the police to account for the work that they do, but the operational independence point is extremely important.

[Ms Karen Buck (Westminster North) (Lab)]

rose—

[The Prime Minister]

Let me make a bit of progress, and then I will give way to the hon. Lady.

The relationship between the police and the media is a problem the world over, too, but we have to ask—and hon. Members have been asking this today—why ours seems to have become quite so cosy, so leaky and so potentially compromised. Similarly, there is nothing peculiar to Britain about the potentially unhealthy relationship developing between media proprietors and politicians.

That leads to my third point, about trying to turn these noble sentiments of “never again” into action. None of this is easy, and a point that must not be lost in this debate is that to over-regulate the media could have profoundly detrimental effects on our country and our society. We must not miss this in the frenzy about the dreadfulness of hacking at this point. Without a public interest defence, the so-called “cod fax” that uncovered Jonathan Aitken’s wrongdoing might never have emerged. To give another example, are we seriously going to argue in this House that the expenses scandal should not have come to light because it could have involved some data that were obtained illegally? So, we need to step very carefully into this area.

[Mr William Cash (Stone) (Con)]

Will my right hon. Friend give way?

[The Prime Minister]

I have got a feeling that it will be a question about the Bill of Rights that I will not be able to answer—but I am going to try it anyway.

[Mr Cash]

I am glad to say that it is about not the Bill of Rights but the terms of reference that are now in the Library. I simply wanted to ask the Prime Minister to answer this question, if he would be good enough, on the recommendations that can be made by the judge-led inquiry with reference to the question of media policy, regulation and cross-media ownership. Is this intended to cover the whole media, in a way that would ensure that the kind of standards expected of the media in relation to future regulation would be included in the judge-led recommendations?

[The Prime Minister]

I think the terms of reference are pretty clear. The point about cross-media ownership is not about conduct; it is about not just market power, but power of voice. What you are trying to do with cross-media ownership is, if one organisation has a very powerful television station, a number of newspapers, and perhaps some radio stations and some internet sites, how do you agglomerate that and try to measure its power? I can bore for Britain on this subject because I used to work for ITV, in competition with BSkyB and the BBC. It is a very difficult thing to do, but that does not mean we should not try. On the terms of reference, that is what the cross-media ownership part is about, but clearly it is looking at media regulation more broadly, specifically of the printed press, but it can go further.

[Mr David Winnick (Walsall North) (Lab)]

Will the Prime Minister give way?

[Ms Buck]

Will the Prime Minister give way?

[The Prime Minister]

I am going to make some progress, and then I will give way a couple more times before I close.

So, Mr Speaker, the question is, given the difficulties I have mentioned, how do we maximise the chance of making a clean break with the past. I want to set out some very clear lessons. First, we have got to try to proceed on a cross-party basis; otherwise, we will have each party trooping off to media organisations and promising the lowest common denominator. If I say “independent regulation”, there is a danger someone else will say “self-regulation”, and so on. We could end up constantly competing with each other in a kind of regulatory arbitrage over who can be the softest and most appealing to newspapers, television stations and their owners. I do not think we should pretend this is simply about tabloids or even simply about newspapers. I am a huge supporter of the BBC and the licence fee, but, frankly, I think there did come a time in recent years when the income of the BBC was so outstripping that of independent television that there was a danger of BBC News becoming rather dominant. So, there are dangers right across the piece here.

The offer to work together with all parties on this agenda is indeed a genuine one.

[Mr Winnick]

However critical I may be of the press, and however biased in many ways, I am totally opposed to any form of gagging, and that, I am sure, is the view of most of my right hon. and hon. Friends. However, does the Prime Minister accept that self-regulation has been totally inadequate from day one? It has been a total farce, so if we are to have self-regulation, which I hope will continue, it must be far more effective than it has been.

[The Prime Minister]

I do agree with the hon. Gentleman that the current system of self-regulation has failed, not least because it did not properly respond to all these warnings. That is why I choose to talk about independent regulation. I do not want to see statutory regulation—the heavy hand of the state. We have got to try to find a way to make sure that the press are regulated in a way that is independent from them, but not by the state and the Government. I think it is doable.

[Robert Halfon (Harlow) (Con)]

Will my right hon. Friend give way?

[Ms Buck]

rose—

[The Prime Minister]

I am going to make some progress and then I will come back to my hon. Friend the Member for Harlow (Robert Halfon).

The second key to success in translating all this into action, I believe, is restraint. The media will see politicians agreeing with each other about the need for regulation, for plurality and all the rest of it, and they will fear a stitch-up. Indeed, they are already talking about one. So, I do believe that politicians need to show some restraint in what they say and do about the media. There are many in this House, I know, who have been victims of a media that have been prepared to break the law or behave in a bullying fashion. But we must not forget that this scandal, like so many others, whether we are talking about expenses or the FIFA scandal, which I feel particularly exercised about—they were uncovered to the fullest degree by the media, by newspapers, not by regulators. Let us not forget that. So, the balance we must strike now is to allow an aggressive, challenging and independent media, however much that might sometimes frustrate us, while halting the abuses that all decent people find unacceptable.

[Several hon. Members]

rose—

[The Prime Minister]

Let me make a bit more progress.

The third key to success is that, while we cannot commit in advance to legislate simply for whatever comes out of this judicial inquiry, we should, I believe, invest all possible faith in this inquiry, because it is our best chance of making a fresh start.

[Robert Halfon]

I thank my right hon. Friend for giving way. Given what he has just said, is he aware that the BBC accounts for 70% of TV news, and that on the internet it has 10 times as much market share as Sky? Is not an answer to this to democratise the licence fee, and to give licence fee payers a vote on the board and structure of the BBC?

[The Prime Minister]

It is an interesting idea, which my hon. Friend can put to this inquiry. I think the key is—I am biased, as I worked in ITV for many years—that you do need strong, independent television to give people a choice of news. I have made many mistakes in my life, and I think one of them was agreeing, briefly, that it was a good idea to move the “News at Ten”. I think it was a very bad decision, and a proper plurality in news is very important.

[Several hon. Members]

rose—

[The Prime Minister]

Let me make a bit more progress.

In anticipation of what might come out of a judicial inquiry, we are planning a communications Bill this Parliament that can take into account the recommendations of the inquiry.

Finally, painful though it can sometimes be, there is no doubt in my mind that when it comes to the best way to achieve the more healthy relationship between politicians and the media, transparency is the absolute key. Clearly, that is vital in contact between political leaders and media groups. I have set out, as I have said today, all my contacts since the election; I look forward to others doing the same. I am sure that Tony Blair and the last Prime Minister will soon follow suit for their time in office.

[Ms Buck]

I am grateful to the Prime Minister for giving way. Returning to the issue of the police’s operational independence, he rightly emphasised the important principle that politicians cannot tell the police whom to investigate and what to pursue, but that cuts both ways. What message does he think the Mayor of London was sending out when he said, in the same weeks when John Yates was scoping his inquiry, and just days after John Yates sent his e-mail to the Prime Minister’s chief of staff, that any inquiry and any allegations were codswallop, politically motivated and not worthy of discussion?

[The Prime Minister]

The point I would make is that it is quite clear that the police have operational independence, because they have pursued, without fear or favour, these issues and they have arrested everyone they have thought it necessary to arrest. What is interesting is that I think that operational independence is so embedded into the psyche of British policing that, whether it is the Mayor of London or whether you have police commissioners, I do not think it would interfere with that.

Finally, Mr Speaker, in this debate let us not lose sight of the big picture. The people who send us here want some pretty straightforward things. They want their media free and punchy, but they want them within the law. They want their police independent and strong, but honest and incorruptible, and they want their politicians to sort out a mess that has sapped their faith in the key institutions of our country. Whatever our differences in this debate, we should be clear today: we will not let them down.