Data Protection Bill [HL]

Lord Falconer of Thoroton Excerpts

Ping Pong (Hansard): House of Lords
Monday 21st May 2018 Lords Chamber

[Baroness Hollins (CB)]

My Lords, I have been proud to support the completion of the Leveson public inquiry, not just for the benefit of past victims, including my family, but mainly to prevent future victimisation. I make it quite clear that although I am disappointed, I reluctantly accept the decision of the other place that it does not wish to proceed with and complete a public inquiry. However, some of the misrepresentations about my amendment that were made in the other place were quite disappointing, and some speakers remained in denial about the continuing bad behaviour of some elements of the national media. So, to my surprise, since last week’s vote I have been approached by some Members from the other place who voted with the Government, to ask me not to give up.

Some noble Lords believe that my amendments have secured real progress in holding the press to account through the new government amendments. I have a more guarded response. I am very interested in the amendment in the name of the noble Lord, Lord McNally. It would prevent state interference in press regulation and appoint a truly independent reviewer, and would restore the place of the Press Recognition Panel—the PRP—without the Government directing it. I look forward to due consideration by the Minister of that suggestion.

What people want is an apology and a promise that it will not happen again. As a victim, a mother, a grandmother and a psychiatrist, I try to put people first. Instead, it seems that the focus is on money, with promises that the media will engage with IPSO’s low-cost arbitration scheme, which is just one of the 29 other equally important Leveson criteria for an effective regulator. In addition, it appears that the proposed review in four years’ time is being done in secret and with no clear criteria.

As always, I am willing to meet Ministers at the DCMS, IPSO and the ICO, and invite other victims to join me; and perhaps, one day, a victim-first approach will be embraced by them all. I say to the Government that despite their new provisions, they have let them get away with it again. However, now is not the time to press this further; rather, it is a time to watch and wait.

[Lord Falconer of Thoroton (Lab)]

My Lords, Amendment A3 in my name is an amendment to Motion A. I will speak to it now although it will be formally moved later.

I want to make two points, the first of which is to explain the purpose of my Amendment A3. Before I do so, however, I want to take up what the noble Lord, Lord, Cormack, said. He begged the noble Lord, Lord McNally, to withdraw his amendment, a point which the noble Lord, Lord Fairfax, made from a slightly different point of view. It is important to listen to what the noble Lord, Lord McNally, is saying—and I strongly support what he is saying. He accepts that in the context of this Bill, the question of Leveson 2 has effectively been decided. We have sent it back twice to the Commons and, first with a majority of nine and then with a majority of 12, the Commons said that it did not want Leveson 2.

--- Later in debate ---

Tabled by

[Lord Falconer of Thoroton]

At end, insert “and do propose amendments 62BFA and 62BFB to Commons Amendment 62BF—

62BFA Line 24, at end insert—
“( ) During a relevant period, section 144(1) does not apply (and proceedings in respect of an information notice given during a relevant period may continue after the end of the period).”

62BFB Line 36, leave out from “period,” to end of line 41 and insert “section 147(5) does not apply (and proceedings in respect of an assessment notice given during a relevant period may continue after the end of the period).””

[Lord Falconer of Thoroton]

I am very reassured by what the noble and learned Lord, Lord Keen of Elie, said about the power. I took him to mean that it cannot be used prepublication, and will be available post publication. I apologise to him for being such a poor pupil in failing to understand that, but it is important that he said it.

The noble Lord, Lord McNally, is absolutely right not to press Motion A1, because it is too late, basically. However, like him, I remain incredibly disturbed about the terms of the provision and the ability that it gives the Secretary of State to interfere in the press. I can tell you only my experience as a Minister: nobody ever told you what was said in Parliament about how a power that was questionable would be used; they only came and told you the terms of the statute. The word “effectiveness” clearly carries a value judgment.

Motion A3 (as an amendment to Motion A) not moved.