Data Protection Bill [HL]

Lord Fairfax of Cameron Excerpts

Ping Pong (Hansard): House of Lords
Monday 21st May 2018 Lords Chamber

[Lord Lester of Herne Hill (Non-Afl)]

I have voted against a three-line whip on earlier amendments of this kind, and will do so again today on this amendment, or any others like it. I entirely agree with the Minister in all respects. The Bill is now fit for purpose and represents a fair compromise. Without making a meal of it, I regard the amendment in the name of the noble Lord, Lord McNally, and similar ones, as unnecessary regulation, unprincipled, contrary to freedom of speech and unique in the democratic world. I know of no country that is a true democracy that has anything like this. I am surprised that it should be put forward by anyone who is a Liberal Democrat.

[Lord Fairfax of Cameron (Con)]

My Lords, I have no personal interest in this matter, one way or the other. I regret to say that the Government have behaved far less honourably throughout this matter than I would have liked. As other noble Lords have said in previous debates, they have betrayed the expectations of all those who relied on Prime Minister Cameron’s undertakings. The fact that no Government can tie the hands of their successors does not make this any less bad. They have also conducted a consultation which, with the benefit of hindsight, looks like a sham. If the Minister takes exception to that allegation, I would point to the Government having disregarded the views of the 138,000 signatories of the 38 Degrees petition. More fundamentally, as others have said, they disregarded the views of Sir Brian Leveson himself. When the Government stated that the second part of the inquiry was not necessary, Sir Brian said, in a letter dated 23 January 2018:

“I fundamentally disagree with that conclusion”.


The Government’s worst failing here consists in having made this issue party political. If they had simply enacted the Leveson recommendations in full, including Section 40 and Leveson 2, this would not have happened and it is most regrettable. I have no animus one way or the other in this matter. Initially there was almost unanimity, both in Parliament and outside, that Leveson should be appointed and his recommendations adopted, as Prime Minister Cameron said. I regret that this Government—I speak as a Conservative—have failed to do that. No doubt the Government have their reasons for behaving this way. They will be judged on that, including by the 126 university lecturers in journalism who wrote on this matter two weeks ago.

However, as other noble Lords have said, the House of Commons—the elected Chamber—has now expressed its view on this matter more than once. As the noble Lord, Lord Pannick, pointed out in an earlier debate, this matter was in the Conservative manifesto. Therefore, it is now time for this House, reluctantly, to give way.

[Lord Cormack (Con)]

My Lords, I completely concur with that last sentiment. I hope we will not have a long debate this afternoon. I hope we will accept what the other place has said, and I hope we will therefore behave entirely constitutionally. I have high regard for the noble Lord, Lord McNally, and he knows that is genuine. However, I urge him, as the constitutionalist he is and I know him to be, and as the man who was such an effective spokesman for the coalition Government, to realise that we have come to the end of the road here. This House has asked the other place to think again. I did not want it to do it once more last week, but this House did, and by a fairly significant majority. However, 25 May looms, and it is important that this Bill gets on to the statute book. That does not mean that the issues raised by the noble Lord, Lord McNally, and my noble friend Lord Fairfax—in a fairly blistering opening to his speech—cannot be returned to again. Many of us have thought that this Bill was not the right one on which to hang these amendments. But again, that is over—we have had that debate. I hope now that we can proceed quickly to a decision, but that we will not need to do so in the Division Lobbies. I appeal to the noble Lord, Lord McNally, whom I regard as a friend. He said his piece very effectively, but I hope he will not press the amendment.