Leveson Inquiry

Debate between Richard Drax and John Leech

Monday 3rd December 2012 Commons Chamber

[Mr John Leech (Manchester, Withington) (LD)]

I am grateful for the opportunity to speak about such an important issue as the future of press regulation. However, I am disappointed that following the publication of the Leveson report, the media have sought to render the debate as an attack on free speech rather than an attempt to ensure that there is proper redress for the innocent victims who have been bullied and abused throughout this whole affair. We owe it to the victims of these scandals to debate Lord Justice Leveson’s proposals principally with them in mind.

In the run-up to the report’s publication, the Deputy Prime Minister stated that

“assuming he”—

that is, Lord Leveson—

“comes up with proposals which are proportionate and workable, we should implement them.”

I believe that these proposals are proportionate and workable. Similarly, the Prime Minister said that if the Leveson report was “not bonkers”, he would implement it. I also believe that the report is not bonkers, and that it is right for the Government to implement its core principles.

Lord Justice Leveson has suggested tough, independent regulation that will maintain a raucous and vigorous press while at the same time ensuring that the innocent victims of press intrusion have access to justice. This is independent regulation, free of the press and free of the politicians. It is a careful balancing act that can ensure the freedom of the press, and also fair recourse for those who have been wronged by the press.

During the inquiry, the Deputy Prime Minister set out in his written evidence six core principles that would have to apply to a new regulatory system. They were independence from both Government and the media; better protection for journalists acting in the public interest; powers to initiate investigations rather than just complaints; meaningful penalties, whether financial or non-financial; a third-party right of complaint; and membership of all relevant organisations, given that some major news producers have chosen to operate outside the current regime. The question for me is this: do Lord Justice Leveson's proposals encapsulate those six principles? I believe that they do.

Lord Justice Leveson proposes a system of voluntary independent self-regulation overseen by an independent board. The board’s membership would be appointed in a fair, open and transparent way, and would contain a majority of members who are demonstrably independent of the press, with no serving editors. In order to provide sufficient incentives for the press to join the regulator, however, we need to strike a balance between the incentives and disincentives. In order for the incentives to work, it is essential that there is law to underpin the independence of the regulator and also to allow the courts to take membership of the regulator into account when deciding what penalties are required in cases of wrongdoing.

I understand that some Members are wary of using legislation, but Lord Justice Leveson’s proposals do not, and will not, result in state control of the press. Legislation will simply secure the following: continued independence of the media; routine external checks by an independent commissioner, to make sure the regulator or regulators are doing their job properly; and strong incentives for newspapers to sign up to a recognised regulator, including access to a fast, cheap and effective process to resolve disputes and enable victims of press abuse to seek redress. If any newspaper refused to sign up to an approved regulator, it would face higher costs and fewer legal protections. A similar system of statutory incentives is operating in Ireland, which the majority of newspapers—including those who have shunned the Press Complaints Commission here—have signed up to.

Does such a system attack free speech? In my view, it absolutely does not. It simply provides recourse for people who have been treated unfairly by the press. As a Liberal, I firmly believe in a free press that holds the powerful to account and is not subject to political interference, but a free press does not, and must not, mean a press that is free to bully innocent people or abuse grieving families. People who feel they have been mistreated by powerful newspapers need to know there is somebody prepared to stand up for them and investigate their complaints, independent of any interference.

There is a certain irony in the press arguing for free speech. I am one of a number of Greater Manchester MPs who are asked to write opinion columns for the Trinity Mirror-owned Manchester Evening News each Monday. Last week was my slot, and, given that the Leveson report was due to be published, I thought it appropriate to comment on the inquiry and give my opinion. How ironic, then, that the Manchester Evening News refused to print my personal views on press regulation, because it did not think my opinions were appropriate—or, rather, because they were not in line with Trinity Mirror Group’s opinion. So much for the press commitment to free speech!

[Richard Drax (South Dorset) (Con)]

In which case, should that paper be punished?

[Mr Leech]

I am not for one second suggesting the newspaper should be punished. I am merely suggesting that it is rather ironic for a newspaper publisher bleating about free speech not to allow an opinion to be published in its newspaper, in what is supposed to be an opinion piece by an MP from the local area.

Is the proposed system a slippery slope to state regulation? Newspapers are suggesting that a future Government could legislate further and introduce state control. That is a red herring. A future Government could start the process from scratch and introduce state control. However, setting out the independence of the regulator in law actually makes it more difficult to introduce state control, because the independence of the regulator will already be enshrined in law.

Opponents also argue that Leveson’s model of regulation would not have stopped the hacking and the serious criminal behaviour. That is certainly true, but if proper independent regulation had been there in the first place, newspapers would never have built up a culture of invulnerability and an attitude that they could do whatever they wanted. While an independent regulator would not have directly stopped criminality, I believe it would have stopped the culture that resulted in that criminality.

Finally, I return to my first point about the debate being about the innocent victims. If we implement the Leveson recommendations, can we seriously look the victims in the eye? The answer is clearly yes, we can. I fear that without Leveson, we cannot.