Investigatory Powers Bill

Lord Low of Dalston Excerpts

Report: 3rd sitting (Hansard): House of Lords
Wednesday 19th October 2016 Lords Chamber

[Lord Low of Dalston (CB)]

My Lords, I shall speak to Amendments 294 and 295, tabled by the noble Baronesses, Lady Hollins and Lady O’Neill, and the noble and learned Lords, Lord Falconer and Lord Wallace. The noble Baronesses very much regret that they cannot be present in the House today, and they have asked me to speak to their amendments. I will be brief, as I understand that, without prejudice to the Government’s ultimate position, the Minister is not seeking to divide the House, and we are all most grateful to him for that.

The amendments would have no impact on the security measures in the Bill, nor would they affect the other measures in the Bill in any way. Their sole purpose is to bring into force automatically after Royal Assent Clause 8 and the new clause that was added to the Bill by this House last week by a large majority.

The amendments would deliver cost protections in hacking cases, which Section 40 of the Crime and Courts Act 2013 was enacted to provide for all publication torts. Section 40 is a key part of the Leveson recommendations that the Government promised to implement but has not been commenced. Non-commencement frustrates the will of Parliament and is a breach of the 2013 cross-party agreement. The commencement of these clauses automatically after Royal Assent is necessary to ensure that the device of non-commencement is not employed again on the amendments that the House passed last week. For these reasons, I commend Amendments 294 and 295 to the House.

[Lord Keen of Elie]

My Lords, we discussed the substantive points on this issue on day one of Report. We consider these amendments consequential to the ones we discussed then. Although the Government’s position on the substantive issue remains as we set out last week, we are not opposing these amendments.

Investigatory Powers Bill

Lord Low of Dalston Excerpts

3rd reading (Hansard): House of Lords
Monday 31st October 2016 Lords Chamber

[Baroness O'Neill of Bengarve (CB)]

My Lords, I support my noble friend’s amendment. The situation is complex and I think everybody concedes that the amendment as passed by your Lordships’ House last week had deficiencies. However, it was agreed by the Public Bill Office that it was adequate, as it has agreed that the amendment which is now before your Lordships is adequate. It seems to me that the ball is in the Government’s court to try to work out a way in which to achieve this. We must remember that in this Bill we have, for good reasons to do with press freedom, given the media very considerable additional protections for journalistic sources. That is open to possible abuse because sometimes there is no source or there might be, let us say, an incorrect reporting of a source. The quid pro quo for that is surely some protection for the public. Amendment 1 is not perfect, but if it is not to be accepted by the Government, I hope that the Minister will suggest how the Government propose to deal with the evident lacuna, and the risk to members of the public, of having greatly empowered media.

[Lord Low of Dalston (CB)]

My Lords, in considering this amendment we need to be mindful of lessons from history. We have heard the tale before that the press will reform itself. Some noble Lords will remember similar debates following the 1990 Calcutt inquiry. When asked to report on the efficacy of the PCC in 1993, Sir David Calcutt said that it was not doing its job and that the time for statutory regulation had come. But Parliament lost its nerve and the press was allowed to carry on underregulated, with disastrous consequences for ordinary people. Predictably, the newspapers are telling us that IPSO is a much improved version of the PCC, but it falls woefully short of the standards set out by Lord Justice Leveson.

Since we last voted, the Government’s position has actually hardened. When setting out the Government’s response to the amendment of the noble Baroness, Lady Hollins, in Committee, the noble Earl, Lord Howe, said:

“I fully understand that many noble Lords here, particularly those who have been victims of press abuse themselves, are frustrated as to what they see as a lack of progress towards implementing the recommendations of the Leveson inquiry report. I want to reassure noble Lords that that is not the case … the Government continue to look at this issue closely … this is something that the Government are actively considering. … The position is that, for the time being, Section 40 remains under consideration”.—[Official Report, 11/10/16; col. 1809.]

Last Monday, on 24 October, the Secretary of State said at the Culture Select Committee that she was not minded to commence Section 40. The Times the next day—last Tuesday, 25 October—ran a triumphant front-page story based on what it later said were reliable government sources. It said:

“Westminster sources revealed last night that the ‘punitive elements’ of Section 40 of the Crime and Courts Act …‘will not go ahead’. The change of tack, which avoids a clash between Theresa May and the media, came on the eve of a decision to approve a new regulatory body”.

The Government have not informed Parliament of this and have not sought to correct the story.