Royal Charter on Press Conduct

Lord Dodds of Duncairn Excerpts

Monday 18th March 2013 Commons Chamber

[Mr Nigel Dodds (Belfast North) (DUP)]

I am grateful for the opportunity to participate briefly in this important debate.

At the outset, it is right that we remember what has brought us to this point: the terrible abuses and suffering inflicted on the Dowler family, the McCanns and many, many others. Nobody in this country in the 21st century should have to go through what they went through. As a result of the action taken today, we hope that such abuses will not happen, but that if they do there will be appropriate, speedy and fair mechanisms in place to deal with them. Many hon. Members have referred to laws that are in place, in both criminal and civil law, to deal with such abuses. However, the law of defamation and the ability to take action in the civil courts for libel are not available to many people, because of the punitive nature of the costs and the fear that they may end up bankrupt. I am glad to hear that the right hon. Member for Hitchin and Harpenden (Mr Lilley) has had success in the civil courts, but many ordinary citizens, and even many with greater means than those in this House, have been prevented from getting justice because of their fear of the consequences of going to court.

We on these Benches have always believed that the Leveson report offers a balanced way forward. We did not subscribe to the view that it would impose statutory regulation of the press—far from it. I commend the Prime Minister, the Deputy Prime Minister and the Leader of the Opposition, and all those who worked with them, for coming up with what I believe is a fair, balanced and sensible way forward. It is better that the House of Commons should speak with a virtually united voice on this issue, as that makes it harder for any section of the press to stand outside what is agreed, and that is extremely important. There has never been any question of any threat to the freedom of the press, and the freedom of the press is not endangered by what has been suggested here today through a royal charter.

[Paul Farrelly]

I commend the right hon. Gentleman and his party for their support. On that point, we congratulate ourselves today, but does he agree that the press itself sets up the regulatory arrangements and the press itself sets up the appointment panel? The only requirement is to demonstrate that the people appointed to the panel are independent of the industry, whatever that means. Must we not be vigilant all the way through, so that we do not repeat history and allow regulatory capture from day one?

--- Later in debate ---

[Mr Dodds]

I absolutely agree. It is important to emphasise that today’s provisions, and Leveson himself, propose a means of independent self-regulation. Some of the hyperbole and over-the-top commentary has been deeply counter-productive and simply wrong. The idea that there should be nothing in legislation is deeply flawed. How else will we properly apply the issue of incentives and disincentives unless we pass something in this House that deals with exemplary damages and cost? There has to be legislation. I welcome statutory underpinning—for that is what it is—to non-interference in the royal charter.

As was said earlier by a number of hon. Members, including the Chair of the Select Committee, the hon. Member for Maldon (Mr Whittingdale), no Parliament can bind another Parliament. The doctrine of the sovereignty of Parliament means that the two-thirds majority is open to being changed by a simple majority and the passage of any legislation in the normal way in any future Parliament. However, it sends a message and draws attention to the fact that if Parliament wishes to legislate on the matter, in overturning a distinct and discrete piece of legislation it is doing something significant.

[Geraint Davies]

Does the right hon. Gentleman think there is any risk, over time, of a political appointment to the oversight body—with the advent of a right-wing UKIP Parliament or whatever—that will constrain the freedom of the press?

[Mr Dodds]

No, because the system put in place for appointments to the regulatory body makes it very clear how that body should be populated. The terms of the royal charter are very clear that appointees will not be drawn from the political classes, will not be parliamentarians, and will not be involved in government or legislating. That is very important. Of equal importance, and why my party supported the version of the royal charter proposed by the Leader of the Opposition and the Deputy Prime Minister, was the issue of the press industry having a veto over who could be appointed. We believed that that was wrong and would not be tolerated in any other walk of life. It is absolutely proper and fair that there should be an appointment system that is not populated by the political classes and that is not capable of being vetoed by the industry. It was important for us that the regulator should have the power to direct apologies and corrections, including where they should be printed. That was recognised in the alternative version of the royal charter published on Friday, and we welcomed that. I therefore welcome its adoption in what is being presented to the House this evening.

We support what has been done: we welcome the fact that the royal charter has been changed for the better by cross-party agreement. I understand fully and endorse the reasons for proceeding by means of a royal charter as opposed to legislation. However, there is an irony in that we are now saying that the proper and best recourse is to proceed on the basis of a very antiquated means that is not subject to line-by-line scrutiny by elected Members of Parliament, or in any way subject to amendment. This is being brought forward on the basis of a draft by Her Majesty. Now, as a royalist and a monarchist I am all for that, and have no difficulty with it. However, in the modern, democratic world in which we live, it is ironic that we have decided that this is the way forward, rather than saying that the people’s representatives should have the opportunity to discuss, amend and vote on it. I understand the reasons, but surely there is an irony for all democrats in that.