Royal Charter on Press Conduct

Richard Drax Excerpts

Monday 18th March 2013 Commons Chamber

[The Deputy Prime Minister]

Of course. This model is a mix of royal charter and statute in two areas: one to install the system of costs and damages and the other to entrench the royal charter, such that it cannot be tampered with at whim by Governments in the future. If I may, I will turn to both issues in a minute.

Throughout this process I have sought to be pragmatic on the details while ensuring that any reforms must satisfy three tests. First, they must deliver the model of independent self-regulation set out by Lord Justice Leveson; secondly, they must command the widest possible cross-party support, which Lord Justice Leveson also said was critical; and, thirdly, they must strike the right balance between protecting the great tradition of a free press in this country and also protecting innocent people from unwarranted intimidation and bullying by powerful interests in our media. Let us not forget that the hacking scandal was caused by some of our biggest newspapers, but it was still a minority of newspapers and certainly not the local and regional press, which must not pay the price for a problem they did not create. A free press is one of the most potent weapons against the abuse of authority in our society, holding the powerful to account. Equally, however, the media must not abuse their own power at the cost of innocent people.

[Richard Drax (South Dorset) (Con)]

Does the Deputy Prime Minister agree with me—and, I think, with most people in the House—that the terrible practice of phone hacking is already a criminal offence, and that no further legislation is needed, not even a tiny bit, to deal with the problem?

[The Deputy Prime Minister]

Lord Justice Leveson looked at this matter extensively and said that, in addition to taking action when the criminal law had been broken, further reassurance was needed to ensure that innocent people had recourse to justice when they were being intimidated or bullied in an unjustified way.

Our royal charter meets all three tests: it delivers Leveson, it commands cross-party support and it strikes the right balance between the freedom of the press and the rights of individuals. One of the biggest hurdles that we have all had to overcome has been the polarisation of this debate, with the idea that someone is either for a full statute or against it, and that they are either on the side of the victims or on the side of the press, when in reality most people are on the side of both. We have not succumbed to those false choices, however.

We have forged a middle way with a royal charter protected by legislation—a system of independent self-regulation, a voluntary system just as Lord Justice Leveson outlined—but with two specific statutory provisions. First, there will be a legal provision to ensure that if a newspaper is signed up to the regulatory regime, judges will be able to take that into account when awarding costs and damages in the courts. Newspapers will be rewarded for playing by the rules, and I very much hope that the newspaper groups will now see the logic of that incentive and get behind the reforms.

Secondly, there will be an entrenchment clause to prevent future Governments from chopping and changing the royal charter on a whim. I have been pushing consistently for that legal safeguard since the royal charter model was proposed. Without it, the royal charter would leave the door open to political meddling by future Governments, and that is a risk that we must not take.

--- Later in debate ---

[Dame Tessa Jowell (Dulwich and West Norwood) (Lab)]

I want to make just a brief intervention in this debate. I draw the House’s attention to my entry in the Register of Members’ Financial Interests and also record the fact that I am a witness to proceedings that have yet to be heard before the court in relation to phone hacking and other matters.

I join others in congratulating the Prime Minister, the Deputy Prime Minister, the Leader of the Opposition and the deputy leader of the Labour party. I also pay tribute to my hon. Friends the Members for Rhondda (Chris Bryant) and for West Bromwich East (Mr Watson). It is unlikely that we would have reached this point had it not been for their tenacity and courage at an early stage in the unravelling of this saga. I believe that the settlement announced today by the Prime Minister after negotiation represents a popular consensus—a proportionate balance between the interests of a free press, and the public interest and the reasonable expectation of the public to a measure of protection.

In the unlikely event that many members of the public will read the proceedings of today’s debate, they might at moments regard it as a debate that is rather overly concerned with the position of politics and politicians. I believe that Members of this House have to roll with the punches a lot of the time—to live with the fact that journalists will write things about us that are disobliging, that we do not like and that we do not agree with—but to some extent that is part of being a public figure. The focus of our concern and all the work done to get us to today’s settlement is those wholly private people who find themselves suddenly thrust into the spotlight of passing public curiosity, usually because something dreadful has happened to them. Their grief and distress have been compounded by the insensitivity and intrusion of the media, and that extends way beyond the individuals and families whose cases are well publicised.

[Richard Drax]

Is the right hon. Lady saying that, for emotive cases where, as she claims, intrusion is an issue, the press of this country should not cover such stories?

[Dame Tessa Jowell]

I am certainly not saying that, but I hope that the new regulatory body will establish a code of conduct that strikes a proper balance between the public interest—separating it from public prurience and curiosity—and the real and lasting harm done to people at what in so many cases is the worst moment of their lives. That is the balance that is so often lost.

--- Later in debate ---

[Richard Drax (South Dorset) (Con)]

It is a pleasure to follow my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) and I concur with every single word he said. I want to speak briefly from a journalist’s perspective, as I was one for 17 years, working for the local and national press and for BBC television and radio. In that time, 99% of those with whom I worked were decent, honourable people whose sole task in life was to hold the powerful, the corrupt and others to account and to stand up for the small man and woman. They did and they do. Regrettably, a tiny minority has ruined the barrel for the majority of the press, who in my view do an extremely good job and have held many people in this House to account. Some in this place have had to leave and have even gone to jail because of the press’s research and diligence. We risk treading on that power at our peril.

I rather liked the papal reference used by the hon. Member for Rhondda (Chris Bryant). This latest charter has come from a private meeting held behind closed doors and was introduced to us today. If the hon. Gentleman was correct, the information reached us only just after the debate had started. There will be no further debate and for something so serious, which is fundamental to the freedom and democracy of our country, to be swept through by a small minority of highly placed people is wrong and undemocratic.

Knee-jerk reactions lead to unintended consequences and we see that in politics again and again. This subject needs a lot more thought, a lot more diligence and a lot more attention. The press protect this country. Yes, they make mistakes—of course they do. When I joined, an editor said to me, “Richard, accuracy is key. If in doubt, leave it out.” That is a very good bit of advice. The blame lies with the independent editors. They are the chief executives, they are the commanding officers—call it what you like, it is they who have failed in many cases to command properly the men and women in their structure. That is where the blame should lie and it is they who should lose their jobs and careers.

Already we have heard from my right hon. Friend the Member for Hitchin and Harpenden (Mr Lilley) that in most cases we have laws already. We have hacking and libel laws to protect people who suffer from such things. The Milly Dowler case was simply appalling—I do not defend it for one minute—but the laws are there. We do not need any more laws. When I heard about the royal charter, I was informed by my right hon. Friend the Prime Minister’s office that there would be no statute and I agreed to support it. There is now a smidgen of statute—just a little tiny bit—for which the support of two thirds of this House or the other place is required to effect change. Today, we will agree—regrettably, in my view—to push the charter forward without further consideration. If parts of the press do not sign up, what will happen? What will the Opposition, the Liberal Democrats or some of my colleagues do if not every publication signs up to the royal charter? Will they instruct them to sign up? Will they threaten them if they do not?

As we have heard, we do not know what powers the new body will have. Will it have more powers? Will we come back to this place to pass more legislation to make the press do what it does not want to do? I will not go on any longer, as other Members want to speak and we are running out of time, but I warn those on the Front Bench and everyone in this House to think very carefully before taking too many further steps down this road, as it will in the future undermine the democracy and freedom we are in this place to defend and represent.