Privilege

Philip Davies Excerpts

Tuesday 22nd May 2012 Commons Chamber

[Mr Whittingdale]

I hope that the full facts will continue to emerge, not just through the work of the Committee but through that of Lord Justice Leveson and the police investigation and the possible charges to follow. I have to say that the Committee reached that conclusion in our work. Initially, it was suggested that the “For Neville” e-mail might have been going to any old Neville in the News of the World. We made inquiries and discovered that in fact there was only one person called Neville in the employment of the News of the World, and he was its chief reporter. Therefore, in 2009 the Committee concluded:

“Evidence we have seen makes it inconceivable that no-one else at the News of the World, bar Clive Goodman, knew about the phone-hacking”.

In relation to the previous assurance about the rigour of the inquiry, we said:

“The newspaper’s enquiries were far from ‘full’ or ‘rigorous’, as we—and the PCC—had been assured. Throughout our inquiry, too, we have been struck by the collective amnesia afflicting witnesses from the News of the World.”

We published that report and nothing happened. It is perhaps a matter of regret that no further action was taken for another two years. However, evidence then started to emerge from the civil cases being brought by the victims of phone hacking, which led to the initiation of Operation Weeting—the police inquiry—and an Adjournment debate introduced by the hon. Member for Rhondda (Chris Bryant), in which he suggested that the Committee had been misled. Those events, plus the decision of James Murdoch to close the News of the World and to make a statement saying that the evidence and statements given to Parliament were wrong, caused the Committee to decide to reopen the inquiry.

We took evidence from a wide range of people, including John Yates, then of the Metropolitan police, Rupert and James Murdoch, Rebekah Brooks, Jonathan Chapman, Daniel Cloke, Tom Crone, Colin Myler, Les Hinton and Julian Pike. We were assured at the time that News International was extremely keen to co-operate with the Committee and to establish the facts, but during the course of our subsequent inquiry three crucial documents emerged. It is worth noting that none were supplied to the Committee by News International, and that they actually came from various lawyers acting for the personalities involved.

The first document was the letter sent in March 2007 by Clive Goodman to Les Hinton, the then chairman, objecting to his dismissal. The reason Clive Goodman gave for his objection to his dismissal was as follows:

“This practice [phone hacking] was widely discussed in the daily editorial conference, until explicit reference to it was banned by the Editor. The legal manager, Tom Crone, attended virtually every meeting of my legal team and was given full access to the Crown Prosecution Service’s evidence files. He, and other senior staff of the paper, had long advanced knowledge that I would plead guilty.”

The second document we obtained was an internal e-mail sent from Tom Crone to Colin Myler before a meeting with James Murdoch to discuss the terms of the settlement with Gordon Taylor. The e-mail states that

“this evidence, particularly the e-mail”—

the “For Neville” e-mail—

“from the News of the World is fatal to our case.”

Tom Crone went on to say:

“Our position is very perilous. The damning e-mail is genuine and proves we actively made use of a large number of extremely private voicemails from Taylor’s telephone in June/July 2005 and that this was pursuant to a February 2005 contract.”

Of course, that was written almost a year before Mr Crone appeared before the Committee and suggested that the “For Neville” e-mail was of no real significance because they could not remember where it had gone or find any record of it.

The third document was the opinion obtained by Michael Silverleaf QC, who advised News Group Newspapers that it should reach a settlement because, as he said:

“there is a powerful case that there is (or was) a culture of illegal information access used at News Group Newspapers in order to produce stories for publication.”

The Committee, in its conclusions, comments on several specific issues that I will not go into in great detail, but they include such matters as the decision to authorise payments to Clive Goodman following his conviction; the importance of confidentiality in the size of the Gordon Taylor settlement; and the commissioning of surveillance of at least some members and former members of the Culture, Media and Sport Committee. These are matters that we describe in detail, and I hope that the Standards and Privileges Committee will also consider them.

Our overall conclusion was that the evidence that we had obtained made it clear that the evidence given to us in our previous inquiry, when the individuals involved had once again attempted to assure us that there was no real suggestion or evidence that anyone else at the News of the World was involved in phone hacking other than Clive Goodman, was not true. They certainly did have documents that indicated very clearly that that was not the case. It was for that reason that the Committee concluded that we had been misled by Les Hinton, Tom Crone and Colin Myler—

[Philip Davies (Shipley) (Con)]

I commend my hon. Friend for the skilled way in which he has chaired the Committee over a long period, including during these very difficult inquiries, on which there was not always agreement. Will he just reiterate that, despite all the controversy over other parts of the report, on the chapter we are discussing today the Committee was united in finding that these people had misled the Committee, and there was no disagreement about any part of this chapter?

[Mr Whittingdale]

My hon. Friend is correct: on whether the three individuals whom I have just named misled the Committee we were unanimous in our finding. It is for that reason that I was very pleased that the Committee agreed to support the motion that I am moving.

We took evidence from other individuals, and the Committee deliberately decided that we would reach no conclusion on the evidence given to us by people who have since been arrested and could face criminal charges. The Committee reserves the right to return to that question once proceedings are concluded, but the three individuals we identified have not been arrested, and we therefore felt it was right that we should draw the conclusions that we have and bring them to the attention of the House.

We are under no illusion: these are serious matters. The conclusions we have reached bear profound consequences. I am not entirely clear what those consequences are, but there is no question but that these are very serious matters. It was also brought to our attention that those individuals should have a right to rebut the charges and to respond to them. We respected that, and we therefore felt that the right procedure was to refer the matter to the Standards and Privileges Committee, so that it had an opportunity to consider the evidence that led to our findings and to consider the responses that have already been given by two of the individuals named. On that basis, I ask the House to refer the Committee’s report and the evidence we received to the Standards and Privileges Committee.

--- Later in debate ---

[Philip Davies (Shipley) (Con)]

I rise briefly to commend once again my hon. Friend the Member for Maldon (Mr Whittingdale) for the way in which he chaired what has been, at times, a challenging and difficult Committee, not just in this Parliament, but in the previous Parliament, when our conclusions were not always unanimous and we had a number of disagreements along the way. He, as ever, chaired the Committee expertly.

I would also like to take the opportunity to commend the other members of the Committee. We did not always agree on these matters, but everybody put a lot of hard work into the report. There was a lot of dedication over a long period, and even though we may well have had an honest disagreement at the end of it on some matters, people should not underestimate the efforts that Committee members on both sides of House put in to get to where we are today, not least the hon. Members for West Bromwich East (Mr Watson) and for Newcastle-under-Lyme (Paul Farrelly), who put in a lot of time and effort to uncover the wrongdoing that clearly took place at News International.

I absolutely endorse the case that was put by my hon. Friend the Member for Maldon at the beginning of the debate on why the matter should be passed on to the Standards and Privileges Committee. I want to emphasise that the Committee did not come lightly to the decision that Tom Crone, Colin Myler and Les Hinton had lied to the Committee in its previous inquiry, and, it might be said, in this one too. I do not think that any Select Committee would lightly decide overtly to state that certain named individuals lied to it in the course of its inquiry. I want to press that point to the Chairman of the Standards and Privileges Committee so that he appreciates that the decision was not entered into lightly. Those conclusions did not come flippantly, but after much serious consideration and deliberation.

I also want to emphasise how our inquiry was repeatedly impeded by News International, not just this inquiry, which, to be perfectly honest, showed for the first time elements of News Corporation co-operating with the Select Committee, but particularly the previous inquiry, when News International repeatedly, consistently and corporately made it clear that it was impeding our inquiry. In case people are not aware, I have to report that News International attempted to have the hon. Member for West Bromwich East and me thrown off the Committee during the last Parliament because it thought that we would not be particularly favourable to them in our deliberations. As the hon. Member for Wallasey (Ms Eagle) made clear, it would be absolutely unacceptable if people could come to Parliament and know that they could get away with repeatedly lying to the Committee. If that did happen, it would open the floodgates for witnesses not to tell the Committees about anything that might be inconvenient to them.

Let me make one brief point to emphasise how we did not enter into these matters lightly. The lies were not just little white lies, but deliberate attempts to mislead the Committee on serious matters. For example, my hon. Friends the Members for Maldon and for Folkestone and Hythe (Damian Collins) mentioned the letter that Clive Goodman sent to appeal against his dismissal to Les Hinton, saying that this practice was widespread in News of the World and that it was discussed on a daily basis. Yet Les Hinton made it clear that he had seen no evidence at all to suggest that the practice was more widespread, which was quite a palpable lie.

We must also remember that on the back of the letter that Les Hinton received, he was responsible for making sure that, one way or another, Clive Goodman received a payment totalling around £250,000. That happened only for him to say quite flippantly that there was no evidence at all; there was certainly sufficient evidence for him to authorise £250,000 to be paid out from News International to Clive Goodman—somebody who was convicted of a criminal offence, caused huge embarrassment to the company and could have been dismissed for gross misconduct. I would like to press upon the House, and the Standards and Privileges Committee, the fact that that was not only repeated, but very serious and blatant.

Finally, I would like the Standards and Privileges Committee to consider the motives of the people who lied to us—my hon. Friend the Member for Corby (Louise Mensch) touched on this in her contribution—because it is not entirely clear why certain people lied. Was it to protect themselves, which might have been the case for some people, to protect colleagues, or was it to protect the company and its reputation as a whole? The Committee might like to consider what motivated those people to lie and whether different motivations should come with different punishments. I am not offering any particular opinion, but I think that that is something that should be put on the record.

The reason I mention motives is that it was perfectly apparent during the previous inquiry in the last Parliament that witnesses from News International came to the Committee with a corporate game plan: nobody knew anything, nobody could remember anything, and nobody knew anybody who might know anything, and that was everybody’s defence at every possible turn. Whatever question was asked, that was the corporate defence from everybody who appeared before us under the News International banner, and it was particularly striking. I recall asking Les Hinton during that inquiry whether he had received any coaching before the evidence session so that we would know where we stood and whether News International had employed someone to advise them on how to answer the questions.

That is something the Standards and Privileges Committee might want to look at, because to my mind, and that of the Committee as a whole, the three individuals we named palpably lied to us, and it is very interesting to consider how on earth that came about. Were they told to give those answers, or did they make that decision themselves? I certainly have a feeling that on some occasions they were told what to say and that it was a corporate decision, rather than one they made themselves.

[Alun Cairns (Vale of Glamorgan) (Con)]

I pay tribute to my hon. Friend, the Committee and its Chair for the way they have conducted their inquiry and today’s debate. Will he reassure me that, as this ever-changing situation evolves, if any other witnesses are found to have misled or lied to the Committee, it will take the same action and call for them to be referred to the Standards and Privileges Committee?

[Philip Davies]

I am grateful to my hon. Friend but fear that his question is slightly above my pay grade, as those are not decisions I can take for the Committee as a whole. I am sure that my hon. Friend the Member for Maldon, the Chair of the Committee, listened carefully to his intervention. He is probably the best person to direct that request to. I would certainly be sympathetic to the idea of the Committee looking again at certain individuals, if the legal situation allowed, who might also have lied to us, if that is what we conclude.

In conclusion, these are very serious matters, matters about which the Committee was absolutely unanimous, with regard to the three individuals concerned, and that we did not enter into lightly. We might have had some very well-publicised disagreements about parts of our report, but on this we were absolutely united. On the report as a whole, and on the inquiries as a whole, there was far more that united the Committee than divided it.