Leveson Inquiry

Debate between Lord McNally and Lord Clement-Jones

Thursday 29th November 2012 Lords Chamber

[Lord McNally]

So he knows the affection in which I hold him. However, I do not think that this is an issue for the barrack-room lawyers. It is a time for statesmanship in all three parties.

[Lord Clement-Jones]

My Lords—

[Lord Elystan-Morgan]

My Lords, I resist completely any temptation to embarrass the noble Lord in relation to the issue of legal aid, something that I have assiduously sought to do over the past six months, but does the Minister accept that Lord Justice Leveson says in his report that any complaint should be made,

“without cost to the complainant”?

Therefore it does not matter whether that comes from legal aid or some other public purse—there should be that complete freedom and guarantee in this regard.

[Lord McNally]

As with other parts of the Leveson report, we will have to look at this. However, one of the things that I know is in the report is the suggestion that, rather than a purely legalistic solution, there should be a road for settling complaints against the press that is cost-free.

[Lord Clement-Jones]

My Lords—

--- Later in debate ---

[Lord McNally]

I can assure the noble Baroness of that fact.

[Lord Clement-Jones]

My Lords, Lord Justice Leveson makes clear recommendations about changes to the framework of the Data Protection Act in terms of eliminating some of the exceptions that currently apply to the media. I note in the Statement repeated by my noble friend that my right honourable friend has certain reservations about that set of recommendations. Is the abuse of personal information not one of the root problems that we have seen during the past few years? Should we not proceed with those changes, particularly in light of the fact that his department would be responsible for making them?

[Lord McNally]

No, my Lords, we should not proceed with those changes but we should certainly move with speed to see how such changes could and should be implemented. The recommendations on data protection came slightly from left field; I am not sure that anyone was fully aware that Lord Justice Leveson would make suggestions in this area. It is an area where we are discussing matters in a European context, in terms of revising the European data directive and our own legislation. My right honourable friend the Secretary of State for Justice and I have already commissioned work within our own department to respond to the Leveson suggestions. As with other parts of the report, we will move forward with all due purpose.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord McNally and Lord Clement-Jones

Tuesday 20th March 2012 Lords Chamber

[Lord McNally]

My Lords, this amendment looks to deal with the serious problem of unsolicited marketing, including text messages or telephone calls about personal injury claims. I congratulate my noble friend on raising an issue which, as the noble Lord, Lord Beecham, indicated, annoys and irritates millions of our fellow citizens. I assure the House that the Government have given careful consideration to this issue since my noble friend raised it in Committee. Legislation, which is primarily enforced by the Information Commissioner’s Office, already exists to protect individuals in this area. Recent action by that office has resulted in the confiscation of more than 20,000 mobile phone SIM cards that were being used to send unsolicited text messages.

Following this issue being raised in Committee, my honourable friend Jonathan Djanogly, the Justice Minister, will meet the Information Commissioner to discuss further how the problem can be addressed. Additionally, the ICO, the Ministry of Justice Claims Management Regulation Unit and other regulators continue to work closely with the telecommunications industry on this problem. Across government, an industry working group has been set up and is due to publish a joint guidance note for consumers explaining the functions of the relevant regulators along with advice on how to make a complaint.

On the particular point about advertising in hospitals, the Government do not support the marketing of such services on NHS premises. There is already an absolute ban on unauthorised marketing by claims management companies. We believe that it is more appropriate that authorised marketing should be dealt with through guidance rather than through regulation. In support of this approach, the National Health Service chief executive has recently written to NHS managers to make clear the position on marketing in hospitals and primary health centres.

I am grateful to my noble friend for raising this issue. The Government take it very seriously and are taking positive action. We believe that the answer lies in greater enforcement and robust action, along the lines of regulations and guidance that already exist. We will continue to monitor the situation and take it seriously, and I hope that in the light of that response my noble friend will agree to withdraw this amendment.

[Lord Clement-Jones]

My Lords, I thank the Minister for that reply. It very much falls into two parts, as far as I can see, in terms of action by and with the Information Commissioner and action by the Secretary of State and Ministers relating to unauthorised and authorised marketing in NHS hospitals. The bit I find difficult is not that relating to the Information Commissioner; indeed, it is very welcome that those powers are being mobilised and that the Minister, Mr Djanogly, is having the necessary meetings with the Information Commissioner. The surprising part concerns the National Health Service. I think that the view around this House is that there should be no authorised marketing of this kind within NHS hospitals. What baffles me is why that kind of marketing is allowed to persist within NHS hospitals. I am not going to press the amendment today but I very much hope that we can progress further, certainly in pressing the Department of Health to be much more robust than appears to be the case about this kind of marketing.

Whatever the form of marketing which is an arrangement between a hospital and a firm of solicitors —perhaps advertising law firms within hospitals or allowing texting—it certainly falls morally within the terms of the kind of action that we are trying to prevent within this clause. It therefore really should be covered, and if there is that power within the department —or indeed by any future regulator under the health Bill that has now passed—I very much hope that it will be exercised and that my noble friend the Minister’s department will keep pressing the Department of Health. Perhaps we might even bring this back for an assurance on Third Reading, to understand exactly what is being authorised if there is such a thing as authorised marketing of this kind. In the mean time, I beg leave to withdraw the amendment.