Crime and Courts Bill [Lords]

Richard Bacon Excerpts

Monday 18th March 2013 Commons Chamber

[Maria Miller]

My hon. Friend tempts me to repeat what I have just said, but perhaps he should read Hansard or the Bill instead.

New clause 29 describes in great detail who will be caught by the definition of “relevant publisher”. The publisher would have to meet the three tests of whether the publication is publishing news-related material in the course of a business, whether their material is written by a range of authors—this would exclude a one-man band or a single blogger—and whether that material is subject to editorial control. This is specifically designed to protect small-scale bloggers. Lone bloggers clearly do not meet those criteria. I hope that that clarifies that point.

[Mr Richard Bacon (South Norfolk) (Con)]

One could easily envisage a railway enthusiasts’ magazine which had a range of authors whose material was subject to editorial control but which many people would nevertheless consider to be a hobby magazine. It would fall outside the regime because it was aimed solely at enthusiasts. What would happen, however, if such a magazine were to get hold of some information, perhaps confidential information, about High Speed 2? Would it then be caught by the regime? Does my right hon. Friend not see the path that she is going down?

[Maria Miller]

We have clearly set out the direction that we are going in, and it is there in the information for my hon. Friend to read. Ultimately, the court will decide whether any particular issues fall near the line. If a publication is concerned about whether it would be caught by the new regime, it can of course seek legal advice, but we have done a great deal to make this clear to individual publications. I am sorry—I did not make it clear to my hon. Friend the Member for North East Somerset whether Hello! magazine would be caught by the provisions. Yes, it will be. People tell me that it is a gossip magazine. I am not a regular purchaser of it.

--- Later in debate ---

[Ms Harman]

Any publication could apply to be a member of a regulator. It would find out whether it came within the purview of that regulator, as the regulator might reply saying, “Sorry, we don’t regulate you.”

Exemplary damages simply give newspapers another incentive to join the regulator. The court is left with the opportunity to award exemplary damages, only in much narrower circumstances. I hope that all the newspapers—including those that did not agree with the setting up of the Leveson inquiry, with how Lord Leveson took evidence or with his report—will propose regulators and join them now that the report has been published and all parties have agreed that we should have the royal charter and the accompanying bits of statute. I am sure that the Secretary of State, the Deputy Prime Minister and the Prime Minister will want to do everything they can to say to the press, as the Prime Minister said in today’s debate, that it is impossible for the newspapers to hold the powerful to account if they are abusing their own power. A good complaints system, which is respected and has public confidence, is a good thing in principle, so it is important that the newspapers step forward and join the regulator.

After Leveson reported, he said that the ball was now in the politicians’ court. He asked us all to work together to agree and we did. Now, the ball is in the press’s court and I hope that they will rise to that challenge.

[Mr Bacon]

I am listening to the right hon. and learned Lady with interest, although she reminds me of George Orwell’s comment about the sort of people who play with fire without knowing that fire is hot. That comment is directed at those on both Front Benches, including my right hon. Friend the Secretary of State, who is a very old friend. They have no idea what they are playing with—no idea. Does the right hon. and learned Lady not understand that one person’s outrageous behaviour is another person’s sensible and moderate behaviour? Does she not understand that after Lord Hutton issued his whitewash report, some of those who criticised it were accused of acting outrageously?

[Ms Harman]

We are not talking about any old person’s view of deliberate or reckless disregard or conduct of an outrageous nature. We are not talking about my view of what might constitute deliberate or reckless disregard or conduct of an outrageous nature, or even the view of the Secretary of State. We are talking about the judge’s view—not any old person but a judicial personage—

[Mr Bacon]

Lord Hutton was a judge.

[Ms Harman]

The hon. Gentleman needs to calm down and relax. We are giving the courts an opportunity to exercise their judgment so that when something is so outrageous that they do not think that the normal quantum of damages assessed on what has been suffered is enough, they can add to it. It is right that that should apply to media torts.

As I have said, Lord Justice Leveson urged us all to work together and we have. The Secretary of State invited us to cross-party talks and I thank Lord Wallace, who was the Liberal Democrat there. It just goes to show that one should not believe what one reads in the newspapers. I had read a lot about the Minister for Government Policy, the right hon. Member for West Dorset (Mr Letwin),in the newspapers and thought he was an absent-minded professor type who was absolutely ditsy. I had read it in the newspapers, so I thought it must be true—[Interruption.] He is now in the Chamber. I discovered that it was not at all like that, and that he was very intelligent and purposeful. He played a key part in reaching this agreement, which is very important indeed.

We were ably assisted by a number of the Culture Secretary’s Conservative colleagues. I do not want to do what my right hon. Friend the Member for Exeter (Mr Bradshaw) did and blight their reputations, but we found it incredibly helpful to be joined at our very long meetings—we had one meeting that lasted seven hours—by the hon. Members for Camborne and Redruth (George Eustice), for Stratford-on-Avon (Nadhim Zahawi), for South Swindon (Mr Buckland) and for Richmond Park (Zac Goldsmith) and the right hon. Member for Bermondsey and Old Southwark (Simon Hughes).

We tried to work on a cross-party basis because what the press have always done in the past is divide and rule. They have always sought to play one party off against another. We have to win elections, so having the press shining a light on us and saying how great we are is very tempting. It is hard to win the support of the voters. If we have the backing of the press, it seems much easier, especially if they are slagging off our opponents. That is what the press have always relied on—that we have never worked together to put a proper complaints system in place, but have allowed the press to divide us and rule.