Phone Hacking

Lord Crickhowell Excerpts

Monday 11th July 2011 Lords Chamber

[Baroness Rawlings]

My Lords, I agree with the noble Lord, Lord Soley, that it was probably not just the News of the World guilty for all the problems that we have today. To answer his second question, the press must abide by the law, as do we all. Of particular note are the laws on defamation, data protection and phone hacking and the Regulation of Investigatory Powers Act. Then comes the code of practice.

The press all have to sign up to the code of practice. This is a self-regulatory code drawn up by the committee of editors. It is not intended to duplicate the law, but is complementary to it. For instance, it includes specific provisions on privacy which are not found in the law. Adherence to the code is then overseen by the Press Complaints Commission, which the noble Lord asked about. The Secretary of State is looking into how to deal with the Press Complaints Commission to make it more accountable. He is definitely looking at that at the moment, so the noble Lord is right to have brought up that point. The PCC is made up of a mixture of press and lay members, but lay members form a two-thirds majority, and the chairman is always someone with no connection to the press. As we all know, the noble Baroness, Lady Buscombe, currently holds that position.

[Lord Crickhowell]

My Lords, my noble friend Lord Fowler has already referred to the events in 2003 when what became known as the Gang of Four, of whom I was one and he was another, under the leadership of the noble Lord, Lord Puttnam, sought to temper the over-enthusiasm of the Front Benches and the Government for liberalising the ownership of the press. Had one amendment that I moved been carried—it was resisted on whipped votes by both Front Benches and was defeated by only 11 votes—we would not be in the mess we are now.

Against that background, I was a little surprised to hear the noble and learned Baroness who opened the questioning for the Opposition, who emphasised how we must take time to get it right, arguing that that we simply must rush into the appointment of a judge and a judicial inquiry. The police investigation is already under way, and I feel sure that the police are in a position to stop any removal of evidence, and so on. It is very important that the right judge is appointed after seeking the advice of the Lord Chief Justice and that the right brief is given to the inquiry, after consultation, which I hope will include the Leader of the Opposition. I understand that there is to be a meeting on Wednesday.

The Culture Secretary no longer has to rely on the narrow question of fitness and advice from Ofcom—although I hope that Ofcom will continue to consider the question. Can my noble friend confirm that as a result of News Corporation's withdrawal of its undertaking in lieu, the Competition Commission will be free to delay any decision while huge questions remain over the behaviour of senior management at the very summit of News Corporation, and that those questions are unlikely to be answered until we know the outcome of the police inquiries and the judge-led inquiry?

Secondly, the Statement says that the bulk of the work of the judge-led inquiry can take place only after the police investigation is complete, but that may take many months. Indeed, the legal actions following it could take even longer. Would it not be for the judge to decide exactly how far the activities of his inquiry can be pursued? Does not the judge have considerable scope in that respect as a result of the arrangements put in place in 2005?

Finally—

[Noble Lords]

Oh!

[Lord Crickhowell]

I was merely going to observe again that if we are not to hurry it—the noble and learned Baroness laid great emphasis on that—we have to get the scope of the judge-led inquiry right. I hope that my noble friend can confirm that wide consultation will take place about it.

[Baroness Rawlings]

My Lords, my noble friend Lord Crickhowell backs up the most important point: that the Secretary of State will need time for the whole process without rushing the police inquiry—my noble friend is quite right to say that several inquiries are already ongoing—and that he is free to delay it. Ofcom and the Office of Fair Trading will also have to report. The Competition Commission must report too, though within six to 18 months at the outside limit. As for the judge-led inquiry to decide, one hopes that it will not take too long. If noble Lords think back to the Saville inquiry, which took 12 years and £200 million, one hopes that this inquiry will come through a little faster.