Public Confidence in the Media and Police

Robert Buckland Excerpts

Wednesday 20th July 2011 Commons Chamber

[Mr Robert Buckland (South Swindon) (Con)]

There have been many constructive and thoughtful contributions to the debate. The tone that we need to strike, and which, in the main, has been struck, is one of great humility. There is nothing worse than the British Parliament having a periodic fit of morality, particularly bearing in mind the context of the debate and the disastrous cocktail of criminality and neglect that has resulted in appalling acts committed as long ago as 2003 coming to light in only the past few weeks. That should be the tone of our remarks, and we should remember that the vast majority of the police and of journalists are doing their best. They do a good job. A small minority in both cases have, unfortunately, brought both professions into disrepute.

Much has been made of the Harbottle & Lewis file, and the assertion of legal professional privilege. My understanding is that privilege would apply to correspondence between solicitor and client, but that if third-party documents disclose the furtherance of a crime, for example, they would not be subject to such privilege. The truth—I have not seen the file, and I do not know what it contains—is probably that there is a case for a thorough review of the file to ascertain whether privilege can be asserted by its owner, News International. If documents in the file clearly disclose the furtherance of a crime, they should be disclosed. My strong advice to News International is that if the spirit of the Murdochs’ evidence yesterday is to be followed through, disclosure of the file would be in their interests and the wider public interest.

The events of the past two weeks have caused us to focus on phone hacking, but the spectrum is much wider than that. Only a few months ago—perhaps even more recently—we were looking at super-injunctions and privacy, which are part of that spectrum. At one end are people, usually with fame and means, who can assert their privacy by the use of injunctions and occasionally super-injunctions. At the other are ordinary members of the public—innocent people—who are living quietly and getting on with their lives, sometimes subject to tragedy, who find themselves at the butt-end of criminality and abuse by powerful media operations.

[Bob Blackman (Harrow East) (Con)]

We must also consider something else that has not been raised in our debate. Does my hon. Friend agree that communications companies have a role in ensuring that communications are kept secure so that people who wish to transgress and break the law cannot do so?

[Mr Buckland]

Absolutely right. I am grateful to my hon. Friend for making that point.

There is a sense of something old and something new about this debate. The old aspect of it is the ever-present role of the press baron in our public life. A hundred years ago it was Lord Harmsworth, then it was Beaverbrook, then Maxwell and Murdoch in latter times. That is not new. It is lamentable and wrong, and the House seems to agree that it is time for a change. I welcome that.

There is also something new—the unprecedented vulnerability of private data. Information is the new valuable property of the modern age. We have spent our years guarding our homes and our possessions against theft and burglary, but have forgotten and neglected the sometimes even more valuable private information that can be used in a way that can seriously prejudice the lives of ordinary people. My hon. Friend is right to mention communications companies and the ease of access that there seems to be to telephone data and other personal information. That is wrong, and there is now an historic opportunity to get things right.

I welcome the judicial inquiry, and I remind the House that we have set up a Joint Committee of both Houses to look at privacy, super-injunctions and the future role of the Press Complaints Commission and the media in that context.

[Mr Cash]

Is my hon. Friend aware that the terms of reference of that Joint Committee refer to media regulation as a whole? We therefore need to concentrate on that in relation to the inquiry as well, as set out in part 1, paragraph 2(b) of the terms of reference.

[Mr Buckland]

I am grateful to my hon. Friend. He makes the point that I was about to make. There is a link. There is a direct role for both Houses of Parliament through the Committee to do some valuable work to produce recommendations for changes to media regulation. The Committee has been set up and will report by the end of February 2012. We have an opportunity as parliamentarians in the Chamber and in Committee to make constructive and proper proposals.

I was interested in the suggestions and observations of the Leader of the Opposition earlier about the form of some of the changes that could take place. He rightly talked about redress of grievance. The question is how we build that. If it takes the form of damages, we have to think about how that will be funded. Will there be a contingent fund organised by the newspapers and the media? We must bear in mind that for all the big beasts in the jungle, there are small local newspapers that are struggling to make ends meet. We must be mindful of the ability of the industry to fund a proper system of damages. The right hon. Gentleman and the Prime Minister are right to emphasise the need for a new regulatory body to have teeth and to give ordinary people the chance to see their grievances properly redressed.

For far too long, it has been a case of the big beasts of the jungle trampling over the rights of ordinary people. I do not say that in a spirit of arrogance or anger. I say it in a sense of deep humility and sadness that we have reached this stage in our public life. We have an opportunity. Let us seize it together.