Data Protection Bill [Lords]

Peter Bottomley Excerpts

Tuesday 15th May 2018 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Before I call the next speaker, may I remind colleagues that this is a short debate? I hope that they bear in mind when making their contributions that it will finish at 3.22 pm.

[Sir Peter Bottomley (Worthing West) (Con)]

I want briefly to say three things.

First, I have brought four successful libel actions against the media. I hope not to have to repeat that. There are many other times that I could have taken action, but chose not to.

Secondly, this House has to choose whether it wants to be Lord Ellenborough, a prosecutor, or William Hone. Their exchanges were well-illustrated in Ben Wilson’s history “The Laughter of Triumph”. In 1817 Hone was prosecuted for seditious blasphemy when he was actually exposing abuse. If given that simple choice, it is right for those in this House, and in the House of Lords, to defend the press—not to say they are in the last-chance saloon, but to back them to hold themselves to the standards they have voluntarily accepted.

Thirdly, I want to make one small point to my right hon. Friend the Secretary of State on the data protection issue. We must find a way for journalists under the IMPRESS code to have the same data protection rights as those under IPSO. I hope he will remark on that either today or very soon.

We must try to bear it in mind that not every journalist remains consistent. Some of us might today have received a letter from Sir Harold Evans, who was editor of The Sunday Times when Jonathan Aitken and I were the only Conservative MPs to say that John Biffen was wrong to allow the takeover of The Sunday Times to go ahead.

Harold Evans said at that time that he would supply me with information demonstrating that what we were saying was right, but three days later he went in with Rupert Murdoch and we heard no more from him until he wrote his own book saying how he did not really enjoy working with Rupert Murdoch. I would take consistency from many people, but I do not expect it of Sir Harold Evans.

[Brendan O’Hara (Argyll and Bute) (SNP)]

Like many others, I read with interest the Government’s proposals published this morning in response to Lords amendment 62B, and I have to say that they are not entirely without merit. Indeed some of what is contained in the Government’s proposals around extending the power of the Information Commissioner is interesting and sensible and could even be considered appropriate. Had those proposals been contained in the original draft of the Data Protection Bill, or even had they been introduced as a Government amendment in Committee, I may have been convinced that they were genuinely held beliefs. However, at the risk of being cynical, I fear that for these proposals to appear now, at this very late stage, it is more about staving off a possible Back-Bench revolt than any great principled belief, because what is on offer is simply too little, too late. Therefore, as we did last week, the Scottish National party will today again give its full support to establishing the second part of the Leveson inquiry and will vote against the Government’s offered concessions this afternoon.

We have always said that individuals should be able to seek redress when they feel they have been the victim of press malpractice and that it benefits each and every one of us in this country to have a media that is both transparent and accountable. The Scottish National party is committed to ensuring that the practices which led to the initial Leveson inquiry never, ever happen again. As I said last week, we have insisted from the outset that if there is to be a second part of the Leveson inquiry the distinct legal context in Scotland must be taken into account and the devolved competences respected. In those circumstances we would be happy to support the setting up of Leveson 2. We are confident that the proposal that has come back from the other place has been fashioned in such a way as to address all of our concerns, and we fully support the setting up of the second part of the Leveson inquiry.

This afternoon, Members will have a second chance to do what we did not do last week: make good on the promise that this House gave to the people of the United Kingdom in 2012, when the then Prime Minister said of the second stage of the inquiry:

“That second stage cannot go ahead until the current criminal proceedings have concluded, but we remain committed to the inquiry as it was first established.”—[Official Report, 29 November 2012; Vol. 554, c. 446.]

Earlier today the Secretary of State said that much had changed in the behaviour and culture of the press since the phone-hacking scandal, but surely no reasonable person believes that the circumstances and behaviours of certain sections of the press have changed to such an extent that they need no longer be examined by this inquiry. Like the hon. Member for West Bromwich East (Tom Watson), I read the letter from Figen Murray this morning. If the Secretary of State and other Members feel that this inquiry is no longer relevant, I urge them to read that letter, because the treatment of her family by certain sections of the press following the death of her son Martyn in the Manchester Arena attack last May borders on the unbelievable.

Members need to be aware of how important this is: people in this country have to believe that we in this House are taking this issue seriously. I worry that sections of the press have not travelled as far as we would have wanted them to—and as certain Conservative Members believe they have—since 2012. The setting up of a second Leveson inquiry is not just important and necessary; it will also fulfil a solemn promise made to the people of the UK by their Government, and I urge Members across the House to do the right thing today and support the establishment of a second Leveson inquiry.

--- Later in debate ---

Reference was made earlier to the campaign in which the Daily Mail was involved, in which it broke the law by naming people who had not been convicted or even charged. It took risks in that regard, and it is that kind of risk that I want to see continuing, because that is the hallmark of our rather rude and often aggressive and abrasive media who get to the truth more often than they fail.

[Sir Peter Bottomley]

An important correction is that it was not actually breaking the law. It exposed itself to substantial challenge in the civil court.

[Mr Duncan Smith]

I take that correction. Maybe I was going a bit over the top. None the less, that is itself a measure of how far some of our media are sometimes bound to go.

I do not agree that we should go further, although I recognise that my right hon. Friend the Secretary of State has tabled further amendments. In recognising those, it is also important to recognise that I think that this issue is settled. I shall simply end by saying that freedom is not always perfect and that those who fight for it often need to be held to account because they go too far and abuse that privilege. That notwithstanding, I believe that we are beginning to meet the challenge. It will not be perfect, but I would prefer the mistakes to be made by a free press, knowing full well that they regulate and chase authority, and if for one moment they look over their shoulder and believe that this House has caught them and put them in a statutory bind, that would be worse for our own freedoms.