Investigatory Powers Bill

Lord Oates Excerpts

Monday 11th July 2016 Lords Chamber

[Lord Grabiner (Non-Afl)]

My Lords, I should disclose an interest as having been appointed some years ago now as chairman of the management and standards committee established by News Corp, following the revelation of the phone hacking scandal.

I want to say a few words about Amendment 17 in the name of the noble Lord, Lord Strasburger. I respectfully suggest caution as regards whether such an amendment should be approved by the Committee. In my experience—and I have had quite a lot of it—looking at many of the cases arising out of that scandal, journalists tend to be not very good at distinguishing between the public interest and matters which they believe will be of interest to the public. There is quite a fundamental distinction, but one which, regrettably, in my experience is not really appreciated by journalists, even the best of them. It may not be a very wise manoeuvre to introduce this defence into the Bill, as it would encourage journalists to hope that they might secure the benefit of that defence and would thereby be justified in conducting essentially voicemail hacking activity. In my view—and experience confirms this—these cases are mostly about trying to get hold of a story, often a sleazy one, which is wholly intrusive into private lives and little or nothing to do with the public interest. I would be inclined to oppose that amendment if it is pursued.

[Lord Oates (LD)]

My Lords, I will not detain the Committee long. I support the amendments in the names of my noble friends Lord Paddick and Lady Hamwee and I will speak briefly to the amendment in the name of the noble Baroness, Lady Hollins.

During the coalition, I was involved in the discussions which led to the royal charter and the other commitments made by all the party leaders and the coalition Government. It is important either that the Government commence the relevant parts of the Act or, as the noble Baroness has indicated, that this amendment should proceed to a Division when the Bill comes back on Report. The Secretary of State’s failure to commence the relevant sections of the Act is an utter betrayal of the commitments which were made at the time by all parties, including the Prime Minister. Most importantly, it is an utter betrayal of the many victims of phone hacking and other invasions of privacy who were to be protected by the royal charter and the Act. I hope that the Government will think very carefully about this. Perhaps the Prime Minister, before he leaves office, will stand up and ensure that the commitments which he made personally are implemented.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, I will speak very briefly on Amendment 16, to which I added my name, which has already been dealt with by the noble Lord, Lord Paddick. Should the Government accept the logic of that amendment, they might also want to look at Clause 4(8)(b)(i), which ought also to be amended to include “a private postal service”. Like the noble Lord, Lord Grabiner, I think the amendment in the name of the noble Lord, Lord Strasburger, sounds like a carte blanche for allowing private phone hacking. The noble Lord came up with better words than I could when he spoke about thinking that “public interest” and of “interest to the public” were the same. I would be very alarmed at the idea of allowing phone hacking by private bodies, simply because they thought it might be in the public interest.

The more substantial issue in this group is dealt with in Amendments 18 and 246—I refer to them as the Leveson amendments. The Labour Party has an interest in Amendment 18. Our names are not on it but our former leader, my right honourable friend Ed Miliband, was, along with the current Prime Minister, one of the signatories to the deal which has already been described and which led to amendments being withdrawn in this House and in the Commons. Failing to implement Parliament’s decision on this matter is a shameful disregard for the law on the part of the Government. The Act was passed in good faith and the Government should have implemented it, in accordance with the wishes of this House and the other place. Non-commencement is an unacceptable device to undermine legislation which has been passed.

Amendment 18 seeks gently to encourage the Government to bring into effect the law already passed, and we hope they will agree to do that. I will not rehearse the case that has been made so well already. However, it is remarkable that, as we consider a Bill on investigatory powers that sets out clearly and openly what the state and its agencies can do regarding hacking—the limits, the safeguards and the penalties for exceeding the law—private and unaccountable profit-making bodies such as the press continue to get away with things our spooks rightly would not be able to. The Government should not undermine Parliament by failing to commence Section 40 and we hope that, today, they will show their willingness to act now.