David Nuttall
Main Page: David Nuttall (Conservative - Bury North)Local Audit (Public Access to Documents) Bill
David Nuttall ExcerptsFriday 24th March 2017
(7 years ago)
Commons ChamberRead Full debate Local Audit (Public Access to Documents) Act 2017 View all Local Audit (Public Access to Documents) Act 2017 Debates Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 24 March 2017 - (24 Mar 2017)
Mr Chope
In moving amendment 2, we are mindful that this is a week in which there has been an attack on our parliamentary democracy, and we mourn Keith Palmer and the others who were the victims of that terrorist. This Bill and these amendments deal not with parliamentary democracy, but with local democracy, and their purpose is to strengthen further our local democracy in the United Kingdom.
I will also speak to amendments 3 and 4, which extend the range of individuals who are able to benefit from the powers under section 26 of the Local Audit and Accountability Act 2014—my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton) is seeking to achieve that in her Bill. I shall also speak to amendments 5, 6, 7 and 9, which look in detail at what we mean by the expression “journalist” in clause 1. My hon. Friend the Member for Bury North (Mr Nuttall) has an amendment dealing with the definition of journalistic material, which I shall leave him to address.
Amendment 9 deals with the arrangements for exercising the right to inspect, and amendment 11 would extend the period within which such rights can be exercised beyond 30 days. Amendment 12 would enable documents, which are claimed to be commercially confidential, to be inspected but not copied. Amendment 13 would extend the right to inspect past contracts, and amendment 14 would leave the definition of commercial confidentiality unaltered in common law. Finally, amendment 10, which is arguably the most radical of these amendments, would extend the right of inspection beyond local government to the audit of accounts of any health service body as defined in the 2014 Act.
It will be obvious from that brief summary that all the amendments are faithful to the long title of the Bill, which is to extend public access to certain local audit documents under section 26 of the Local Audit and Accountability Act 2014.
My amendments are also inspired by recent experiences of how secrecy in local government is undermining the ability of members of the public properly to scrutinise what is happening and to hold councils to account. They also seek to address some of the issues raised on Second Reading on 25 November.
Mr David Nuttall (Bury North) (Con)
My hon. Friend touches on the Second Reading debate, which is something that I hope to address in my remarks later today. Does he share my concern that the matters that were raised on Second Reading were not addressed when this Bill was in Committee?
Mr Chope
My hon. Friend is on to a good point. On Second Reading, quite a lot of references were made to the fact that we would discuss matters in Committee. I know that my hon. Friend the Member for North Dorset (Simon Hoare) said that if he was put on the Committee, he would like to raise this and that as an amendment, but he was never put on the Committee. If the records are correct, the Committee stage lasted for all of 21 minutes. I do not think that there could have been proper scrutiny of the Bill. None the less, there were some interesting remarks made in Committee, some of which I shall refer to shortly.
Mr Nuttall
The whole Bill arises from the problem of defining terms. Has my hon. Friend given any thought to exactly what constitutes a “politician”? For example, does it include someone who is a candidate in an election, or only an elected politician?
Mr Chope
My hon. Friend has tried, probably very successfully, to torpedo my amendment. I accept the implied, or even indeed the express, criticism that he has articulated. However, I would fall back on the general common-law interpretation of “politician”, which is probably the best way of dealing with that, without specifically having to define it in the amendment.
Amendment 4 would clarify the law by making it clear that “persons interested” also includes non-domestic ratepayers. I raise that issue because it was the focus of the court case of R. (on the application of HTV Ltd) v. Bristol City Council, reported at EWHC 1219. Paragraph 48 of the judgment of Mr Justice Elias on 14 May 2004 said that he had
“reached the conclusion that the interest which the claimant has as a non-domestic ratepayer is sufficient to bring it within the concept of ‘persons interested’.”
In that case, Bristol City Council had argued to the contrary, citing in support the changes to non-domestic rate legislation in the Local Government Finance Act 1988. With forthcoming changes—the introduction of the 100% retention of business rates, and the pooling of business rates across local authorities—it is worth using this opportunity to clarify and put on the record that the existing legislation should expressly incorporate the rights of non-domestic ratepayers. That is the background to amendment 4.
Amendments 5 to 7 are alternative ways of limiting the term “journalist” in the Bill to real journalists. It is noteworthy that section 1(4)(c) of the 1960 Act provides that
“duly accredited representatives of newspapers attending for the purpose of reporting the proceedings for those newspapers shall…be afforded reasonable facilities”.
The National Union of Journalists website sets out what is needed to establish that someone is an accredited journalist. An accredited journalist must have
“Employer Identification: Business card, employer I.D. badge, or letter of assignment on corporate letterhead. (Letterhead must identify media outlet name, address and phone)”
and
“Proof of Assignment: Sample by-lined article published within the past 6-months, or current masthead that includes the reporters name & title, or official letter of assignment from a media outlet.”
Those are necessary, for example, for a person to be admitted to a press conference as an accredited journalist. It seems to me that if we are to extend such rights to journalists, we should encourage those journalists to be accredited, rather than amateur journalists.
Mr Chope
I understand my hon. Friend’s point, but why should we, to maximise the number of people who have access, distort the meaning of “journalist” by saying that any member of the public can describe themselves as a journalist and thereby come within the terms of the Bill, rather than make it clear that we want to include all members of the public? But if we are talking about journalists, we owe it to them to try to maintain a standard for professional and accredited journalists.
Mr Nuttall
Has my hon. Friend noted the title of clause 1: “Inspection of accounting records by journalists and citizen journalists”? I hope, when I come on to my amendment, he will see that I have gone in exactly the opposite direction: rather than try to narrow the definition of journalist, I am trying to widen it.
Mr Chope
That is probably why I have not sought to address my hon. Friend’s amendment. I am sorry that we cannot reach a consensus on this group of amendments, although there does seem to be a pretty strong consensus on the earlier amendments.
I draw the attention of the House to the fact that the NUJ has a code of conduct.
Mr Chope
I would indeed—absolutely. Editors are included in the wider definition of “journalist”. The hon. Lady makes a good point.
The NUJ code of conduct sets out 12 principles by which its journalists are expected to abide. I will not tell the House about them all, but, for example, one is to avoid plagiarism. Another is to resist threats or any other inducements to influence, distort or suppress information and not to produce any material likely to lead to hatred or discrimination on the grounds of a person’s age, gender, race and so on. The most important of all is for journalists to do their utmost to correct harmful inaccuracies and to distinguish between fact and opinion—although that is not something we always find with journalists.
Mr Nuttall
Before my hon. Friend moves on, amendments 5, 6 and 7 have been tabled as alternatives—we cannot adopt all three. Will he let the House know which of the three alternatives he personally prefers?
Mr Chope
Of those three, I prefer amendment 5 on accreditation, because “accredited journalist” is a well-understood expression. As I said earlier, it is even referred to in statute, such as in the Public Bodies (Admission to Meetings) Act 1960.
Amendment 8 seeks to ensure that we do not define “journalist” in the Bill. The Office for National Statistics lists a series of roles defined as “journalist”. These form the single occupational group of journalists and newspaper and periodical editors—including the editor of the London Evening Standard.
Amendment 9 would ensure that any person making an inspection under section 26(1) of the 2014 Act could do so at all reasonable times and without payment. If section 26 is to achieve the Government’s purpose, we need to ensure that this provision is included, otherwise it would be too easy for the objectives of transparency and accountability to be frustrated. In Committee, the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Brigg and Goole, said:
“In 2015-16, it would seem that local electors exercised their rights over a total of 11,000 bodies only around 65 times.”––[Official Report, Local Audit (Public Access to Documents) Public Bill Committee, 7 April 2017; c. 5.]
They did so under section 25, but it would be ridiculous to suggest that extending the same rights to section 26 applicants would be unduly burdensome and too expensive.
Mr Nuttall
May I start by paying tribute not only to the promoter of the Bill, my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton), but also to my hon. Friend the Member for Christchurch (Mr Chope), because the whole House owes him a debt of gratitude for the forensic way in which he has analysed this Bill and brought such a wide array of amendments for the House to consider this morning? It seems to me that if this Bill had been subject to my hon. Friend’s level of scrutiny in its earlier stages and been examined in the detail he has demonstrated this morning, perhaps we would not be in the position that we find ourselves in now.
I cannot make any prediction as to the length of time for which I will need to address the House, but I will deal succinctly with the amendments before us. I wish to advance to the House the reasons for my amendment and explain why it is important that it is accepted. I have adopted a slightly different approach from that of my hon. Friend the Member for Christchurch. He has adopted a more scatter-gun approach—that is a description, not a criticism—whereas I have concentrated my fire on just one amendment, and I will guide the House through why I think it is critical that it is accepted.
I want to pay tribute to my hon. Friend the Member for Aldridge-Brownhills. As the House will be aware, she has rightly already achieved a degree of expertise in private Member’s Bills. In her first session in Parliament, she steered on to the statute book a private Member’s Bill dealing with Great Ormond Street hospital, and everyone is grateful to her for that. She has also demonstrated her expertise in the way in which this Bill has been progressed so far: it was piloted through Second Reading in about 80 minutes and, as was mentioned earlier, it went through Committee in just 11 minutes. My hon. Friend no doubt felt very pleased about that, but I have to question the speed with which the Bill passed through Committee. I make no criticism of the Members who served on the Committee, but, as has been mentioned, no amendments whatsoever were tabled in Committee. It is also worth placing on the record that although my hon. Friend was obviously present in Committee, as was the Minister, my hon. Friend the Member for Brigg and Goole (Andrew Percy), and seven other hon. Members, there were several Members missing: the hon. Members for Clacton (Mr Carswell), for Swansea East (Carolyn Harris), for Oldham West and Royton (Jim McMahon), for Ealing North (Stephen Pound), for Stoke-on-Trent North (Ruth Smeeth) and for Liverpool, West Derby (Stephen Twigg) and my hon. Friend the Member for South Thanet (Craig Mackinlay). It is particularly noteworthy that my hon. Friend the Member for North Dorset (Simon Hoare), who had quite a lot to say about this Bill on Second Reading, missed the cut, as they say in golf, when it came to selecting the Committee members. Had he made the cut, some of the matters we will be touching on this morning might have been dealt with then.
I fear that the number and nature of the amendments before us today suggest that matters were somewhat glossed over in Committee. As evidence of that, I cite the transcript of the Second Reading debate on 25 November last year. That debate contained several references to things being ironed out in Committee. My hon. Friend the Member for Aldridge-Brownhills said:
“I understand that hon. Members have raised concerns today, and they are exactly the kind of points that I would be more than happy for us to consider in Committee.”
My hon. Friend the Member for North Dorset said:
“There will be some issues to be teased out in Committee”.
He then doubled up on that when referring to the question of what constitutes related documents. He said:
“I am absolutely certain that the issue will be teased out in Committee”. —[Official Report, 25 November 2016; Vol. 617, c. 1200-03.]
Well, I am sorry to say that it was not.
The purpose of my amendment is to clarify the terminology used in this Bill, and to avoid any possibility of confusion in the future. I hope that, after I have spent a few minutes advancing the arguments for the importance of my amendment, it will be accepted, because I believe that its inclusion would strengthen the Bill. It is not what I would term a wrecking amendment, and I have tabled it in the best possible spirit. This is a short Bill, and my amendment to clause 1 simply seeks to put in the Bill what is inferred from the explanatory notes and the briefing papers, which I believe is the intention of the Bill.
The first three subsections of section 26 of the Local Audit and Accountability Act 2014 state:
(1) At each audit of accounts under this Act, other than an audit of accounts of a health service body, any persons interested may—
(a) inspect the accounting records for the financial year to which the audit relates and all books, deeds, contracts, bills, vouchers, receipts and other documents relating to those records, and
(b) make copies of all or any part of those records or documents.
(2) At the request of a local government elector for any area to which the accounts relate, the local auditor must give the elector, or any representative of the elector, an opportunity to question the auditor about the accounting records.
(3) The local auditor’s reasonable costs of complying with subsection (2) are recoverable from the relevant authority to which the accounts relate.
That is the underlying provision in statute that my hon. Friend’s Bill seeks to amend. It is important to bear it in mind, however, that that Act was itself a consolidating Act of a previous consolidating Act—namely, the Audit Commission Act 1998. It is important to remember that reference was made to a previous Act, as we shall see when we look at the leading case involved.
I want to talk now about the bodies that are covered by the 2014 Act. It covers a number of relevant authorities, which are set out in schedule 2 to the Act. For example, it covers county, district, borough and parish councils, combined authorities, police and crime commissioners, passenger transport executives and national parks authorities. At that time, it also covered the Greater London Authority. The bodies covered by the Act will inevitably produce a wide variety of stories that journalists might wish to pursue.
The leading case relating to this matter is that of R. (on the application of HTV Ltd) v. Bristol City Council. The House of Commons Library briefing on this Bill refers to that case, and the explanatory notes to the Bill mention the fact that it was this Bill that first identified the problem in the earlier legislation. We must bear it in mind that, although that case took place in 2004, it refers to the previous Act and not to the current Act that is being amended.
Mr Nuttall
Ah, a dilemma. I will give way first to my hon. Friend the Member for Christchurch.
Mr Chope
My hon. Friend is making a fascinating contribution. Although “citizen journalist” is referred to in the rubric of clause 1, there is no definition of it; there is only a definition of “journalist”. Does he agree that that rather suggests that there was originally other material in clause 1 that was cut out as a result of negotiations between our hon. Friend the Member for Aldridge-Brownhills and the Department, and that the Department failed to observe that there was no longer any definition of “citizen journalist” and amend the Bill accordingly?
Mr Nuttall
There may be some reason for why there is no definition of “citizen journalist” in the Bill, but I must admit that I am unaware of what that reason might be. What I can say, before I give way to my hon. Friend the Member for Shipley (Philip Davies), is that the Bill’s explanatory notes state in paragraph 4:
“Accordingly, we are seeking to extend the definition of ‘any persons interested’ in section 26(1) of the Act”—
the Local Audit and Accountability Act 2014—
“to include journalists, including ‘citizen journalists’”.
Crucially, paragraph 4 goes on to state that “citizen journalists” means
“bloggers and others who scrutinise local authorities but who may not be accredited members of the press to enable them to access a wider range of accounting material in order to report and publish their findings so that it is available to local electors in an area, thus providing them with information that will enable them to better hold their local council to account.”
Who can disagree with that? It seems an entirely laudable aim, and it is rather disappointing that that laudable aim was not carried through on to the face of the Bill. That is what my amendment seeks to do.
Philip Davies
Where do social media fit into my hon. Friend’s wide definition of the term “journalist,” particularly with regard to Facebook and Twitter? If he is basically saying that the term covers anyone who wants to publish anything on the internet, it seems to me that anybody, anywhere can publish on Twitter or Facebook, or whatever. Will that fall within his definition? Does his definition of journalism cover any member of the public? That brings us back to amendment 2, moved by my hon. Friend the Member for Christchurch (Mr Chope).
Mr Nuttall
I am grateful to my hon. Friend for his intervention because he touches on what I will cover in my remaining remarks on amendment 1. There is a distinction to be drawn, because although I agree that my wide definition would, on the face of it, give a very large number of people the right to go and inspect the accounts, the definition does require some publication on the internet. If somebody wanted to go for their own private interest, perhaps for academic research, they would not be included without there being such a publication. There would have to be some element of publication on the internet, and I make no apology at all for my definition covering a wide category of people, because I want to make it as wide as possible.
Philip Davies
Just to clarify, as I am still not entirely clear, does that mean that publication on social media such as Twitter would fall within my hon. Friend’s definition of journalism?
Mr Nuttall
In short, yes—I am absolutely clear about that—because my definition refers to publication on a website. If a person publishes something on their Twitter account, it is possible to look them up using the web address and to scroll back through their tweets to see what they said yesterday, a month ago or a year ago. It is published for all time on the internet.
Philip Davies
I am not unsympathetic to my hon. Friend’s point. The only issue I would raise, and it may be an added complication, is that many Twitter profiles, as we all know too well, are anonymous. We would have no idea who is behind such publications. Is there any implication in amendment 1 that, in defining “journalist”, the public should have the right to know who is publishing the particular material?
Mr Nuttall
My hon. Friend raises a good point that I had not previously considered. On the one hand, I agree with him that it is important that individuals should know who is putting such information out there. On the other hand, if it is an anonymous Twitter account, or if the user’s identity has been protected for some reason, I would be inclined to trust the public to treat any published information with a high degree of caution because they would not be able to know its source. Although I would defend the right of anyone to publish such information —this comes back to the question of fake news raised by my hon. Friend the Member for Christchurch—the problem with such accounts is that, because they are not accredited to any recognised journalistic outlet, members of the public should be cautious about what they read on them. That does not detract from my fundamental point that the mere fact of information being published on what we refer to with the shorthand “social media” should not stop it being regarded as having been published.
In the past, things were published in a daily newspaper and that was it. There is the old saying about today’s newspaper being tomorrow’s fish and chip paper, and I am old enough to remember when that was true.
Sir Greg Knight (East Yorkshire) (Con)
Does my hon. Friend accept that even in newspapers some items are anonymous? For many years there was a column in the Daily Express called “William Hickey,” but there was no such person.
Mr Nuttall
I am grateful to my right hon. Friend for his comment, which supports my answer to my hon. Friend the Member for Shipley. The mere fact of anonymity should not preclude publication, but it should then be up to the individual reader to decide what weight to give the information or news item in a column. Of course, the law would apply equally to printed material under the 2014 Act.
In answer to my hon. Friend, things can be published anonymously in a newspaper, not just on the internet. We often see letters in newspapers saying “name and address withheld.” Information can be put into the public domain without any indication of who has put it there.
Amendment 1 would broaden the scope of what is termed “journalistic material” to ensure that news websites in all media formats are included. The world of journalism is changing and evolving, and it is important in a free society that different viewpoints can be freely expressed and that journalists have the freedom to go about their work.
The public affairs and software company Vuelio listed the top 10 political blogs in the UK as of June 2016, and in first place was Guido Fawkes. It was followed by political websites of all persuasions, including Wings Over Scotland, which I cite for the benefit of our friends from Scotland—the hon. Member for Glasgow Central (Alison Thewliss) has left her place. The list also included LabourList, Left Foot Forward, Political Scrapbook, Political Betting, ConservativeHome, Slugger O’Toole, Liberal Democrat Voice and Labour Uncut. All aspects of the political spectrum are covered by political blogs.
The number of viewers watching a programme, the number of readers of a newspaper and the number of visitors to a website should not, of itself, be the criterion by which we determine whether something is valuable. My hon. Friend the Member for Christchurch made the interesting comment that if something is published on a website that only has a readership within the area of Christchurch and Bournemouth, that would be sufficient to meet the definition of publication. It does not have to be a national publication because, by definition, we are talking about local bodies and local councils. It seems more important to consider the quality of the readership, rather than its number or location. It might be more relevant to communicate something to 100 people in the locality than to 10,000 people who live somewhere else in the country, so we cannot purely look at the numbers when deciding this.
We need to bear in mind not only written publication and communication by social media and on the internet, but the fact that we are moving into an age of video bloggers—vloggers. I have therefore tried not to be too prescriptive about what constitutes a news outlet and my amendment simply specifies “on any website”. With modern technology, it is easy for anyone to produce their own reports and put them on the internet for others to view. Last year, research by the Reuters Institute for the Study of Journalism suggested that 51% of people with online access use social media as a news source. That is a fairly high proportion, but 28% of 18 to 24-years-olds—the younger generation, whom we want to get involved in the political process—cited social media as their main news source; nowadays this is where people get their news. More of that age group cited social media as their main news source than cited television—its figure was only 24%. It is important that this legislation reflects that changing landscape in journalism. We have to accept that in an evolving social media world the definition of “a journalist” will inevitably change over time. My amendment seeks to future-proof the Bill, which is why it stresses the words
“any website on the internet”.
Sir Greg Knight
I am a little concerned about my hon. Friend’s amendment, because I think it is restrictive. In terms of hard-copy publications, it refers only to “a newspaper or magazine”. Would it therefore not exclude a parliamentary candidate who was seeking to root out local corruption and wanted to publish in an election leaflet?
Mr Nuttall
I am grateful to my right hon. Friend for that intervention, and I fear my definition might exclude that, which may be why my hon. Friend the Member for Christchurch tabled an amendment to include “politician” in the definition. I would hope that any would-be politician—any election candidate nowadays—would have access to social media and their own website and so would be able to use the fact that they were going to publish on that website as reason to inspect the documents.
Let me try to pre-empt some further criticisms that may be made of my amendment that relate to the definitions of “internet” and “website”. The definition of “internet” is:
“A global computer network providing a variety of information and communication facilities, consisting of interconnected networks using standardized communication protocols.”
Alternatively, the “net”, as the internet is often referred to, is defined as
“a worldwide system of computer networks—a network of networks in which users at any one computer can, if they have permission, get information from any other computer”.
Mr Chope
My hon. Friend says that there is no ambiguity, but clause 1’s title refers to “citizen journalists”, yet the clause contents refer only to “journalists”, not to “citizen journalists”. That creates confusion, does it not? Why are we not just talking about journalists and then defining “journalists” in subsection (3)?
Mr Nuttall
To be fair, my amendment does not refer to “citizen journalists”—only the clause title does, although the term is used in the notes and the briefings. With hindsight, I think this should be deleted from the clause title, because it leads people down a cul-de-sac, as they will think a bit is missing from the Bill and will wonder where the definition of “citizen journalists” is. As I said, I decided that rather than trying to define that, it would be better to extend the existing definition of “a journalist”. Perhaps it would have been better to define—somehow— what a “citizen journalist” is, but I was conscious that a number of colleagues objected on Second Reading to the reference to “citizen”, because we are all subjects of Her Majesty. For that reason, I felt it was not sensible to incorporate the term “citizen journalists” in legislation, and I would prefer it if those words were struck from the Bill.
My amendment deals with whether payment being made for a newspaper or magazine, or for access to a website, should affect the situation. I have made it clear that that should have no bearing on whether someone, whether or not a citizen journalist, should have the right to access the accounts of their local council or other body covered by this legislation. The Bill makes it clear that it matters not whether the journalist is paid or unpaid, but I thought it was equally important to clarify this issue about payment to access the site.
Sir Greg Knight
The more I reflect on my hon. Friend’s amendment, the more unsatisfactory I think it is. Why is he apparently discriminating against television journalists? Many journalists, such as Michael Crick, might want to prepare a news piece for broadcast in a television programme, not for release in a magazine or newspaper, or on the internet. Why are television journalists excluded from his amendment?
Mr Nuttall
I do not intend to exclude anybody. Nowadays, all the broadcasters have websites. They would not necessarily need to publish or broadcast online, but I am not aware of any broadcasters that do not have websites. Perhaps my right hon. Friend is aware of some, but I would have thought it very simple for any broadcaster, faced with a council using the argument advanced by my right hon. Friend as a shield, to say, “In any event, we will be publishing it on our website.”
Philip Davies
To reinforce my hon. Friend’s point, all TV channels can be accessed via the internet these days, so really they all publish on the internet as well. If I read his amendment correctly, it talks about what is included; it does not necessarily refer to excluding other things. It is really an enabling amendment, which I hope will give some comfort to my right hon. Friend the Member for East Yorkshire (Sir Greg Knight).
Mr Nuttall
I am grateful to my hon. Friend for that intervention, because it is important to note that the amendment says “and includes”; I have tried not to exclude any other options but merely to clarify. I hope that that will be noted by the Bill’s promoter and the Minister, who I fear may have some reservations about my amendment. I hope they will concentrate and reflect on that intervention from my hon. Friend.
I wish to comment briefly on several other amendments, but I am understandably concerned that I advance the best possible case for my own. I hope I have been able to satisfy all those with concerns about my amendment and that I have set their minds at ease. I note that the Bill’s promoter has not sought to contest my amendment in any way during my remarks. I sincerely hope that, when she speaks, she will indicate her willingness to accept it in the spirit in which it was tabled. It is not a wrecking amendment; it merely seeks to achieve what her explanatory notes to the Bill say and extend the cover to citizen journalists and bloggers to enable them to inspect the accounts of local authorities.
I wish now to deal with the amendments tabled by my hon. Friend the Member for Christchurch and make it clear which of them I do and do not support. His amendment 2, as on the amendment paper, would essentially mean that virtually anyone would be able to make use of the powers in the Bill. I am happy to support that, although it is perhaps a touch ambitious, given the views expressed so far during the Bill’s progress by its promoter and the Minister.
My hon. Friend has suggested several other options for the House to consider, including, in amendment 3, extending the access to include politicians. As I made clear in my intervention earlier, I have some concerns about the fact that the word “politician” is not defined anywhere in the Bill, but I have no objection at all to the general proposition of extending the scope from journalists to politicians.
Amendment 4 deals with the position of non-domestic ratepayers, which is particularly important as we move into an era in which we are going back towards the localisation of business rates. That move will inevitably lead businesses within an area to take more interest in what is going on in their local authority, so I wholeheartedly support the amendment.
Amendments 5, 6 and 7 give the House the opportunity to choose between the Bill applying to journalists who are accredited, professional or qualified. We heard from my hon. Friend earlier that his preferred option would be for it to apply to accredited journalists, as per amendment 5. I am happy to go along with my hon. Friend for the reasons he set out.
Amendment 8 would remove the definition of a journalist entirely. As that would, of course, be in direct contravention of my amendment, I would oppose it and press my own instead.
Sir Greg Knight
My hon. Friend is galloping on at such a speed that he rather skipped over amendment 3. Does he share my concern that it might be defective because it refers to a politician, the definition of which is someone who is professionally involved in politics, especially someone who holds an elected office? That might rule out an aspiring politician who is a candidate but is yet to be elected.
Mr Nuttall
I am grateful to my right hon. Friend for that intervention. He might have missed my intervention, but I made that point earlier in the debate. I entirely agree that there is a difficulty with not defining the term “politician” to make it clear that someone who aspires to elected office should be included, because they are as likely as anyone to want to carry out investigative work, study the accounts to get to the bottom of them, and see whether there is anything in there that they need to bring to the public’s attention.
Amendment 9 is as on the amendment paper. It would extend to section 26 of the 2014 Act the same conditions set out in section 25(3) of that Act. My hon. Friend the Member for Christchurch has again struck on something that is worthy of the House’s consideration. I am not sure whether he wishes to press the amendment to a vote but, should he so wish, I would certainly consider supporting it.
Mr Chope
To reinforce that point on clinical commissioning groups, CCGs have a veto over the use of procedures for people living within their areas. Those vetoes are often controversial and are justified on the basis of cost. If people cannot examine the cost bases of decisions, it is difficult to hold CCGs to account.
Mr Nuttall
I entirely agree with my hon. Friend. There would be considerable interest from local residents in accessing all the accounts of all health service bodies.
My hon. Friend’s amendment 11 would extend the period in which inspections can be carried out beyond 30 days. I have heard no explanation as to why the period is 30 days and not 60, 25 or another number. I entirely agree that no logical reason has been advanced as to why we should have a 30-day limit. I would support him on the amendment.
Amendments 12, 13 and 14 are more technical amendments dealing with commercial confidentiality. I welcome amendment 13 and recommend it to the House. The fact that something was commercially sensitive in the past should not prevent the accounts and associated paperwork from being inspected now.
Those are my views on my hon. Friend’s amendments, but I reiterate that I commend my amendment 1 to the House. I hope this is not the case, but if the amendment is opposed, that will draw into question everything said about the Bill’s extending access to a wider number of people and giving information to the public. I have sought only to put in the Bill what the explanatory notes say the Bill is about.
At the very least, if for whatever reason my amendment does not find favour with the promoter of the Bill, I would first be interested to know why. Secondly, the public would be suspicious of the Bill. Let us not forget that the Bill was brought before the House because the initial Acts were defective. I advise the House to be wary of any arguments advanced by the Government against my amendment, because Governments of various hues down the years have led us to the position we are in this morning. I have attempted to be clear and open. One can argue over individual words, but I submit to the House that my amendment is perfectly clear. It seeks to give clarity to the phrase “citizen journalist”, which, whether we like it or not, appears in the heading of clause 1. I commend my amendment to the House.
Philip Davies
I am grateful to my hon. Friends the Members for Christchurch (Mr Chope) and for Bury North (Mr Nuttall), who have given a compelling and comprehensive account of their amendments. I rise to adjudicate between them. It is a rare occurrence when my two hon. Friends come at things from slightly different perspectives, but I sense that they have their differences on the Bill. I will do my best to be fair to their amendments in my adjudication.
I join my hon. Friend the Member for Bury North in congratulating the Bill’s promoter, my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton), on getting her Bill to this stage. It is a good Bill, but if it were to incorporate some of the points made by my hon. Friends the Members for Christchurch and for Bury North, it would be a better Bill. The whole purpose of the Report stage is to try to improve a Bill. My hon. Friend the Member for Brigg and Goole (Andrew Percy) is an excellent Minister, and I hope that he and my hon. Friend the Member for Aldridge-Brownhills have listened carefully to my hon. Friends, and that they appreciate, on reflection, that the Bill could be better. I will try to set out which of the amendments the Minister and my hon. Friend should be minded to accept. If they are minded not to accept them, I encourage my hon. Friends the Members for Christchurch and for Bury North to consider pressing them to a Division to test the will of the House.
My hon. Friends have made compelling cases for some but not all of their amendments, which is where I will focus my attention. Amendment 2 is the lead amendment in the group—rightly so, in many respects. It is my contention that it is the most powerful amendment in the group and if my hon. Friend the Member for Christchurch is tempted to press any of his amendments to a Division, I hope he focuses his attention on amendment 2, which states:
“Clause 1, page 1, line 5, leave out from ‘after’ to the end of the subsection and insert ‘any members of the public who are registered to vote in local elections in the United Kingdom’”.
In simple terms, my hon. Friend is basically saying that everybody in the country should have a right to know what is going on in local authorities. His compelling case was based on what is happening in his local authority and the neighbouring authority in Bournemouth. Clearly—it seems obvious to me—if two local authorities are potentially merging, a member of the public in one should have the absolute right to full access to all the information from the other to assess whether it is in their best interests for the merger to go ahead. Without access to the information, how on earth can they be in a position to make that judgment? That completely flies in the face of democracy.
It would be perverse in many respects if, in respect of my hon. Friend’s local authority area, the editor of the Evening Standard, who was mentioned earlier, was able to access the documents relating to his neighbouring council by virtue of being a journalist—a fine and leading one, at that, as the editor of a prestigious newspaper—but my hon. Friend’s local residents were unable to get the same information. That would surely be a perverse outcome, and it cannot really be the one envisaged when the Bill was in its infancy. I do not see what possible argument there could be against his amendment. If we believe that, in extending transparency, local authorities can rightly be held to account and the public can have greater awareness of what is going on, why do we not give them all the opportunity to see the information for themselves rather than relying on journalists to do the job for them?
I agree with the principle of extending the range of people who have access to these documents. However, the problem is that this proposal, while a step in the right direction, is not sufficient because, as we all know, the newspaper industry, and local newspapers in particular, are going through a pretty torrid time financially at the moment—I do not think there is any secret about that. With things moving on to the internet, newspapers find it very difficult to adjust and to monetise their content. We therefore tend to find in many local areas that, unfortunately, despite the best efforts of local newspaper groups, they are not increasing the number of journalists who would get access to all these documents and go through them with a fine-tooth comb; they are actually shedding journalists, and they are being spread more thinly. It is slightly naive to hope that, on the back of having given local journalists access to this information, all this stuff will suddenly be in the public domain, because I am not entirely sure that the journalistic trade has the capacity to do that. We will therefore be enabling something that is very worth while but which may not happen in practice. If we want this information to be in the public domain so that the public are able to hold local authorities to account, we cannot just rely on journalists because it is difficult to see how they will have the capacity. We have to allow the public to do it themselves.
I do not see why anybody should not be able to have access to this information. In practice, the chances of somebody in Shipley gratuitously showing an interest in the local authority in Christchurch are very remote. Nobody is going to be inundated with requests for that kind of scrutiny, but residents in Christchurch may well want to know what is happening in Bournemouth, which is just down the road, and they should absolutely have the right to inspect and see whether the council is behaving in the way it should. I was rather shocked to hear the allegations made by my hon. Friend the Member for Christchurch about the conflicts of interest of the leader of Bournemouth Council. Without going over the detail myself, it certainly did not sound very good. It is absolutely right that local residents in adjoining authorities should be able to know what is going on.
I genuinely do not see why my hon. Friend the Member for Aldridge-Brownhills or the Minister would want to resist this greater transparency and scrutiny, because surely that is the whole purpose of the Bill. In his amendment, my hon. Friend the Member for Christchurch is, in effect, taking the Bill to its logical conclusion. I am pretty sure that if we do not do this now, there will be another private Member’s Bill further down the road introducing the measures that he proposes, because there is a clear logic to what he is trying to achieve. I believe in transparency, and I think it is very difficult to argue against it. If we are to go down the route of transparency, let us have full transparency so that nobody can claim that they did not have an opportunity to access any detailed information that they wanted to see.
Andrew Percy
Sadly not, other than that the public seemed to diminish Liberal Democrat numbers somewhat at the last general election, proving once again that members of the public are very sensible individuals, on the whole.
I welcome the opportunity to comment briefly on the amendments tabled by my hon. Friends the Members for Bury North (Mr Nuttall) and for Christchurch (Mr Chope), and on the important points made thus far. I had the privilege of stepping in for the Local Government Minister in Committee, when I offered the Government’s support for the important principles behind the Bill.
The amendments have been tabled with the best of intentions—the Bill’s promoter, my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton), will deal with them in more detail—but I want to set out the Government’s view on why we do not think agreeing to them would be a good idea. The Bill’s virtue is its simplicity. By seeking to clarify what is meant in the legislation by where material may be published, amendment 1 may unintentionally—we know that it is unintentional from the speech made by my hon. Friend the Member for Bury North—narrow the places where such articles may be published. Sometimes, a less precise phrase in law permits a helpfully wider interpretation, and I believe that is the case here.
Mr Nuttall
I have no doubt that a similar argument would have been advanced when the original Audit Commission Act 1998—the legislation that led to the court case from which this Bill arises—was going through this House, so there is actually a strong argument for trying to be as clear as possible in the Bill about what is intended.
Mr Nuttall
I should have covered this point in my speech, and I apologise for not having done so. I do not think we should go solely by that parameter. What if a local Facebook group contains 5,000 local interested residents? Surely that constitutes publication to interested people. It is just as valid as publishing material in a newspaper that no one reads.
Wendy Morton
That is a fair point, but what I am driving at is the difference between a small “invite only” Facebook group, which the Bill will not cover, and a broader, open Facebook group. The Bill is about transparency and openness, not about “invite only” groups.
The definition is also unlikely to include material sent as a direct message via Twitter, Facebook or email. It might be expected to include people such as Guido Fawkes, a blogger whom most of us know of, but not a campaign group such as 38 Degrees or SumOfUs.
I believe that the aim of amendment 1, tabled by my hon. Friend the Member for Bury North, is to clarify the fact that the Bill would cover all journalists who might wish to publish their articles in a newspaper or on the internet, irrespective of whether there were charges. Let me reassure my hon. Friend that the Bill, as drafted, would include an article in a newspaper or magazine or on the internet, either on a website or in a blog, whether paid for or free, through use of the words “journalistic material” and “for publication”. In fact, by specifying where such material is published, he may be limiting the potential forums in which it is placed, as a blog or a tweet may not be part of a specific website.
The issue is important, because it is necessary to keep up with the times and use terminology that incorporates the many and varied realms of the internet, such as Twitter and the “blogosphere” . Some Members may fear that that might mean that anyone could say that they blog or tweet, but the onus would be on such people to show that their work had been made available in a sufficiently public forum in order to prove their credentials as citizen journalists before access could be given.
Mr Nuttall
My hon. Friend refers to a “sufficiently public forum.” How many members of the public would be required to meet that criterion?
Wendy Morton
What I am trying to set out here is the difference between information that goes on to a private forum—such as open Facebook sites, direct emails and Twitter—and the more open social media that citizen bloggers would be proving that they are on. At its heart, this Bill is about giving citizen bloggers access to local government accounts, so that they can put information into the public domain and the electors can then conduct further scrutiny if they so wish.
Mr Nuttall
I agree with my hon. Friend that the new arrival on the newspaper scene in his constituency is good news. Does he know whether the newspaper in question, being a new arrival, is making use of the new breed of citizen journalists we have been discussing?
Mr Nuttall
I, too, welcome the Bill in the spirit in which it has been introduced, despite the fact that my attempt to amend it did not meet with the approval of the promoter of the Bill, my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton). As I said at the time, it was not a wrecking amendment but a genuine proposal to try to improve the Bill.
I listened carefully to my hon. Friend on amendment 1 but did not wholly agree with her. The explanatory notes refer to citizen journalists, and the heading of clause 1 includes the words “and citizen journalists”. Her explanation was that journalists includes citizen journalists. If that is the case, why was it thought necessary to go on to say “and citizen journalists” in the title of clause? That needs looking at again, but I am conscious of the important point made by my hon. Friend the Member for Christchurch (Mr Chope). I appreciate that, if it were amended in the other place, it would spell the death of the Bill in this Session, unless the Government make time for the Commons to consider any Lords amendments. It is a question of what is more important. Is it more important that we get this legislation right, or do we let it go through in a form that we are not happy with? It is a fine balance. I hope that the answer lies in the Government saying that if the other place does feel that it is appropriate for the Bill to be amended, they will find Government time in which to consider those amendments on the grounds that those in the other place may have read this debate and heard our arguments as to why the Bill would benefit from further clarification. Their lordships may reach a different view from that taken by this House today.
The reason I suggest that it would be appropriate for the Government to find time for any Lords amendments to be considered is that after the Act that this Bill seeks to amend—the Local Audit and Accountability Act 2014 —was passed, it was put out to consultation by the Department for Communities and Local Government. In December 2014, it published its response, which says at paragraph 4.11 on page 10:
“Government believes that journalists should also be able to inspect accounts and information, in the interests of local people, and therefore intends to legislate at the earliest opportunity to ensure that the definition of ‘persons interested’”,
as defined in section 26 of the 2014 Act,
“is wide enough to enable this.”
That was a very clear commitment by the Government to making this amendment to the legislation, albeit that it is now being introduced in a private Member’s Bill. There is therefore a sound argument as to why they should make this time available.
I wholeheartedly support the general thrust of the Bill. It is right that we should give as much access as possible to those who are “interested”—the phraseology used in the initial legislation, which is now being extended to include journalists. I am sorry that we are not extending that to all electors who can vote in local elections, but the Bill is nevertheless a step in the right direction. It is right that we try to extend the right to inspect the accounts of local government, and all the other bodies listed in schedule 2 of the 2014 Act, to journalists and citizen journalists.
I accept that there is a concern that this might result in those bodies being inundated with requests, as was suggested earlier, but there is no evidence to suggest that that would be the case. I suspect that the answer lies in the legislation, which provides for the bodies to be able to charge for copies of documents that are taken away. We are weighing up two competing interests. The overriding interest is the interest of the public in knowing what is going on. The alternative is to say, “Well, once the accounts are published, there should be no right for anyone to go in and inspect the underlying documents, the books of accounts and so forth.” I do not think that any of us would want to go down that road. I suspect that what we have stumbled on here is probably the best of the options available to us. I would like to have gone further, but, nevertheless, extending the right to journalists is better than nothing. It is now up to journalists to make use of the new power that will be given to them once this Bill becomes law.
It will be interesting to see whether anybody covered by this Bill actually seeks to do what Bristol council did in respect of the 2014 Act and exclude citizen journalists because they are not specifically mentioned other than in the clause title. I hope that does not happen. If anyone tries to do that, I would refer them to the explanatory notes, which makes it very clear that the term “citizen journalists” should include
“bloggers and others who scrutinise local authorities but who may not be accredited member of the press.”
Paragraph 7 of the explanatory notes states:
“As well as accredited members of the press, the term journalist would be extended to cover ‘citizen journalists’, such as bloggers, enabling them to inspect the accounts of a local authority where they are not a local elector so that in publishing their findings they can help enable the public to hold that local authority to account.”
That is the key to the whole Bill. It is about being able to hold elected politicians to account. I trust that when the Bill is considered by the Lords, they will look carefully at the arguments that have been made here and consider whether it is worthy of further amendment. But I hope that the Bill is not amended in the other place unless there is an assurance that the Government will provide time—it will have to be Government time, as there are no more private Members’ days allocated in this Session—for those amendments to be considered.
I thank my hon. Friend the Member for Aldridge-Brownhills for her work in ensuring that the Bill has reached this stage and for the efficient and courteous way that she has handled proceedings. I wish the Bill well.