Media Bill

Lord Lipsey Excerpts

2nd reading
Wednesday 28th February 2024 Lords Chamber

[Lord Lipsey (Lab)]

My Lords, I will confine myself to one clause in this Bill, Clause 50, which will repeal Section 40 of the Crime and Courts Act 2013. That is the dross that makes an otherwise jewel of a Bill a complete disaster.

I do not know why the Tories changed their mind—well, I do, but I will not guess here. They were strong supporters of the Leveson solution, which was agreed with all parties when it was introduced. Then, of course, they changed their mind. I should say that I speak with a certain inside knowledge on this because I was deputy editor of two national newspapers and I understand the strength of feeling on all sides.

We are now 11 years on from the Crime and Courts Bill. The Government dithered and dodged whether to repeal it. What did they do from 2013 to 2017? Absolutely nothing. Seven years ago, they promised repeal in their manifesto. What happened? Absolutely nothing. Then they promised it again in their 2019 manifesto. What did they do? Absolutely nothing. Then suddenly in this, the last year of the Parliament, they have introduced repeal into this Bill, in which it does not belong in any context.

Why the decade-long delay? In the early years, it was because the Government could not decide what to do. Then they quite fancied having a legislative threat to hold over the newspapers, to blackmail them into doing their will. That was not very successful with some of them, but it was with others. Then the Government made their manifesto pledge in 2017 but did not do it, and then it was included again in the 2019 manifesto.

So nothing happened for 13 years until it was introduced in this year, 2024. Why is this a special year? Because we will have an election; that is why. We are getting this clause after a decade of doddering and dithering because the Tories hope to bribe the press with this pourboire.

I am sure that Ministers hope that the Government will use every possible manipulation to prevent the likely disaster for the Tories at the next election—I suggest noble Lords keep their eye on the Daily Express and the Daily Mail. This clause is not a piece of considered legislation: it is a straightforward bribe to the newspapers. Ministers know this perfectly well, so they say that things have changed for the better since Leveson, so we do not now need it. To me, change for the better is not terribly obvious, with Mirrorgate, Harrygate and countless cases of slurs against individuals.

I recently had the pleasure of meeting Danielle Hindley, who was charged with being a “rogue beautician” by the Mail on Sunday in 2017. It ruined her business and her life. Only by going to court and winning—which was a terrifically risky thing to do—was the newspaper’s story revealed as completely misleading and lying. Under the Leveson clause, the Mail on Sunday would either have had to become a registered newspaper under the PRP and so protected against damages, or remain unregistered under IPSO, the latest of the public regulators designed by the press.

I am delighted to see the IPSO chair, the noble Lord, Lord Faulks, here—I have much regard for him—but was it really sensible of IPSO to appoint a man who had been a Minister in this Conservative Government as an impartial regulator? No, of course not.

IPSO’s failings have been widely and decisively exposed. Most recently, on 22 January, the Press Recognition Panel published its latest review of the regulator. Item: IPSO does not meet the Leveson report criteria for a regulator’s independence from the press that funds it. Item: as a result, IPSO is kept on short commons by the press funders, so it cannot do the job that it is supposed to do, even if it wanted to. Item: the laws are written by the newspapers, which are supposed to be bound by them. By the way, has there ever been regulatory capture like that? The noble Lord, Lord Grade, is here; I do not think he would allow that to happen to Ofcom.

IPSO has never fined the press or introduced a standards investigation into the press. In the five years from 2018 to 2023, it investigated 3.82% of the complaints it received. It upheld 0.56% of those, around 1 in 200— yes, noble Lords heard that right.

I even took the experimental step myself of complaining to IPSO—in my ultimate memoirs I will no doubt produce the correspondence. Not only was it quite extraordinary that it turned down my complaint but, having read the letter 23 times, I still cannot understand a single word of its grounds for doing so. It is a phony regulator, designed to provide the fig leaf that the press wants to cover its worst excesses.

There is an effective regulator, Impress, but it covers mostly minor publications. If there were a will, there would be a way to expand Impress to do the job. Instead, we have IPSO, the repeal of Clause 40, and a press whose daily distortion leaves the public to be smeared at will.

I am pleased to say that my party voted against this on Report in the Commons—and I am very pleased to say that the Tory, George Eustice, voted with us, as he has been a very coherent critic. I hope that a Starmer Government will start at the beginning, implementing press reform as outlined by Leveson and reinstating Clause 40. This year is the 100th anniversary of the election in which Labour first took power. I do not think that we will be waiting another 100 years for the next Labour Government, and I hope that they deal with this hypocrisy and the disgraceful bending of the truth by the press and restore it to the very great thing that it once was.