Royal Charter on Press Conduct

Geraint Davies Excerpts

Monday 18th March 2013 Commons Chamber

[Mr Bone]

rose—

[Geraint Davies (Swansea West) (Lab/Co-op)]

rose—

[Chris Bryant]

I will not give way, if Members do not mind, because I have given way quite a lot and I am sure that hon. Members think that I speak too much anyway. [Hon. Members: “Hear, hear!”] It is nice to unite the House. Again, it is nice to see the leader of my party agreeing.

We can all agree to this system today, but if the press does not sign up to it, it will have been a complete and utter waste of time and energy. The money that was spent on the Leveson inquiry—wasted; the efforts of all the families who put themselves through another form of upset and humiliation—completely and utterly wasted. I say to the press that there are times when their hyperbole is wonderful, entertaining and lovely. Even when vicious hyperbole is addressed at oneself, one can sometimes take the joke. However, some of the ways in which the press have put forward their argument in the past week have not been helpful to their cause. I hope that the press will now come on board.

There is a proud press tradition in this country of being able to tell the truth to the Government, politicians and those in authority. The Guardian revealed the truth about phone hacking at the News of the World, despite many other people trying to prevent that from coming out, and that is important. For myself, I bemoan the fact that the Rhondda Leader is not quite the newspaper that it was nine years ago; it is not as read as it was then, which means that local politics are probably even less scrutinised than Parliament today.

I wish to make one brief point about the way we are conducting our business today. I now have a copy of the charter—I think it is your copy, Mr Speaker, and I am grateful to you for finding one for me. In the end, however, this is not a good way for the House to do business. We are dealing with a motion that we have not seen—the motion we are debating is not printed anywhere—and a draft charter that people have only just seen, halfway through the debate as it is handed round. We have manuscript amendments in this House and the House of Lords, and on the whole we tend to make bad legislation when we do it on the hoof and those on the Back Benches are asked to trust in those on the Front Benches.

We are doing a good thing today and it is something we should have done a long time ago. I take no pride in the fact that the Government whom I supported when the Labour party was in government did not do enough in this field and could have acted earlier. In the past, we as politicians have tended either to chase or to run as far away as possible from a headline, which on occasion has meant that we have not been brave enough, or been too cowardly, in matters of press regulation. We let the victims of crime become the victims of the press as well, and—let us face it—we let Parliament be lied to time and again. I am glad we are putting a full stop on that today.

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[Mr Dodds]

I absolutely agree. It is important to emphasise that today’s provisions, and Leveson himself, propose a means of independent self-regulation. Some of the hyperbole and over-the-top commentary has been deeply counter-productive and simply wrong. The idea that there should be nothing in legislation is deeply flawed. How else will we properly apply the issue of incentives and disincentives unless we pass something in this House that deals with exemplary damages and cost? There has to be legislation. I welcome statutory underpinning—for that is what it is—to non-interference in the royal charter.

As was said earlier by a number of hon. Members, including the Chair of the Select Committee, the hon. Member for Maldon (Mr Whittingdale), no Parliament can bind another Parliament. The doctrine of the sovereignty of Parliament means that the two-thirds majority is open to being changed by a simple majority and the passage of any legislation in the normal way in any future Parliament. However, it sends a message and draws attention to the fact that if Parliament wishes to legislate on the matter, in overturning a distinct and discrete piece of legislation it is doing something significant.

[Geraint Davies]

Does the right hon. Gentleman think there is any risk, over time, of a political appointment to the oversight body—with the advent of a right-wing UKIP Parliament or whatever—that will constrain the freedom of the press?

[Mr Dodds]

No, because the system put in place for appointments to the regulatory body makes it very clear how that body should be populated. The terms of the royal charter are very clear that appointees will not be drawn from the political classes, will not be parliamentarians, and will not be involved in government or legislating. That is very important. Of equal importance, and why my party supported the version of the royal charter proposed by the Leader of the Opposition and the Deputy Prime Minister, was the issue of the press industry having a veto over who could be appointed. We believed that that was wrong and would not be tolerated in any other walk of life. It is absolutely proper and fair that there should be an appointment system that is not populated by the political classes and that is not capable of being vetoed by the industry. It was important for us that the regulator should have the power to direct apologies and corrections, including where they should be printed. That was recognised in the alternative version of the royal charter published on Friday, and we welcomed that. I therefore welcome its adoption in what is being presented to the House this evening.

We support what has been done: we welcome the fact that the royal charter has been changed for the better by cross-party agreement. I understand fully and endorse the reasons for proceeding by means of a royal charter as opposed to legislation. However, there is an irony in that we are now saying that the proper and best recourse is to proceed on the basis of a very antiquated means that is not subject to line-by-line scrutiny by elected Members of Parliament, or in any way subject to amendment. This is being brought forward on the basis of a draft by Her Majesty. Now, as a royalist and a monarchist I am all for that, and have no difficulty with it. However, in the modern, democratic world in which we live, it is ironic that we have decided that this is the way forward, rather than saying that the people’s representatives should have the opportunity to discuss, amend and vote on it. I understand the reasons, but surely there is an irony for all democrats in that.

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[Sir Edward Garnier]

The hon. Gentleman makes a good point. The point about exemplary damages, as set out on the amendment paper, would incentivise people to join the scheme, although as I understand the amendments—I might have misread them—they do not mean that if someone is in the scheme, they will be immune from exemplary damages, and that if someone is outside it, they will always be milked for them. The old rule in Rookes v. Barnard and so forth would still apply, insofar as it is relevant nowadays, but, as the Defamation Bill will make clear, juries will be taken out of exemplary damages cases, which will be decided by a judge alone. To that extent, exemplary damages will play a part in the proposals, but in my experience they are quite rare in libel actions nowadays, although not unheard of.

[Geraint Davies]

Does the hon. and learned Gentleman believe that the proposed system is resilient enough to be exported? Could it be taken off the shelf by Egypt or Kenya, for example, or would it work only in a mature democracy, such as ours, where checks and balances are already in place?

[Sir Edward Garnier]

The Prime Minister and the leader of the Labour party were extremely busy over the weekend, as were their representatives, dealing with England and Wales—

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[Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)]

This is an important debate, but there has been a bit of hyperbole surrounding it. Today has been described as momentous, but I think that it is momentous for being the 10th anniversary of the war in Iraq; we should remember that.

No one in any part of this Chamber, or anywhere else in Parliament, would deny that a strong and free press is an essential pillar of our democracy. However, the corrupt press behaviour that we are trying to deal with, even though it takes place only in a minority of areas in the fourth estate, is a side effect of near-monopolies. We have had legislation for many years to combat unhealthy near-monopolies, but we have failed to apply that legislation properly or scrupulously to the media. This scandal is an exemplar of that fact.

I want to place on record my party’s gratitude—I am sure I speak for others—for the careful way in which Sir Brian Leveson undertook his inquiry. I also want to associate myself with some of the comments made about the proceedings over the past few days, which have perhaps not been the best demonstration of parliamentary democracy at work. During the last few hours, however, a broad compromise has been reached, and I am pleased about that. I am glad that Her Majesty’s Opposition have now reached agreement with the Government.

I should like to say in passing that I am grateful to the official Opposition for keeping me and my colleagues, and those in the Scottish National party and the other minority parties in the loop. The Prime Minister is in his place, and I want respectfully to place on record that, during the last Parliament, my party played a vital part in setting up the rather imperfect body known as the Independent Parliamentary Standards Authority. I could give him details of some of the changes that were made as a result of arguments put forward by me and my hon. Friends. Some of our arguments won the day and, in one case, we preserved the freedom of Members of Parliament to speak out in this Chamber when the draft proposals would have defeated our privilege in that regard. With the greatest respect, I urge the Prime Minister to remember that, should there be a similar occasion, we are ready and available as good parliamentarians and democrats to get stuck in, if I may use an inelegant phrase.

On the events of last week, I shall leave aside the matter of the amendments that were tabled, but I would welcome some clarification from the Government on what exactly has happened and why we have suddenly reached this decision in such a short time. The hon. Member for Wellingborough (Mr Bone) made the important point that we have not had sufficient time to decide these matters. Be that as it may, we are now dealing with the decision. Today, we have at least got an agreement that we can work on, and that is to the good of all. I commend the Prime Minister, the Deputy Prime Minister and Her Majesty’s Opposition for arriving at that agreement. Our proceedings will have been listened to by Joan Smith, Ben Loakes, Paul Dadge and Jacqui Hames, who were all in their own ways victims of the awful behaviour that we are complaining about. Today, we have an institution on which to build.

The press is the latest institution to have taken a knock as a result of scandal, corruption and illegal practice. Since the establishment of the Leveson inquiry, my party has called for the establishment of a regulatory body that is independent of Government and of industry, whose independence is guaranteed by law. We have argued, as have others, that access to restitution and a simple, easy-to-navigate complaints process should be central to any new system that is established. The new compromise provisions before us have dealt with those aspects, but the question of statutory underpinning is open to debate. If we go further into that question we might appear to be dancing on the head of a pin, however.

[Geraint Davies]

I agree that any response to a mistake should be equal and proportionate, but does the right hon. Gentleman think that the proposals could make investigative journalists more risk-averse, if there is a chance that they might not get a complete answer?

[Mr Llwyd]

No, I do not think so. It is a time-honoured practice for journalists always to check their sources, and they will need to revisit that aspect of their behaviour and ensure that they get it right the first time round. The proposals will not be welcome in all areas, however. The hon. and learned Member for Harborough (Sir Edward Garnier), for example, could find himself considerably disadvantaged financially if what the hon. Member for Swansea West (Geraint Davies) said were true. I make that joke in passing, weak as it was.

Lord Leveson’s report stated that statutory underpinning was necessary in order to set up a statutory recognition process and to provide for costs and damages incentives for publishers who subscribe to a recognised regulator. The Government have at least seen the merits of the latter provision, and tabled amendments accordingly. Sir Brian’s report recognised that publishers would need to be incentivised to sign up voluntarily to recognised regulators. He also recognised that there would be circumstances in which a court would determine that a publisher must give a claimant exemplary damages, albeit rarely, as a result of reckless behaviour. The cross- party amendments to which I initially put my name would have implemented Leveson’s suggestion that incentives should exist for publishers in respect of exemplary damages and costs in such situations. I am pleased that the Government saw fit to table similar amendments.

I have some concerns about the proposals before us, however. I realise that, due to the short notice for tabling amendments, it will not be possible for us to enter into a deep debate on these points, but I wish to put my concerns on the record none the less. First, the amendments to which I was a co-signatory, and which were due to be debated today and have now been withdrawn, would have ensured that any new commission that was established, as well as any regulatory body, would have been subject to freedom of information provisions. That is a crucial provision that would have ensured greater transparency in the new bodies, and I sincerely hope that the Prime Minister, or the Minister responding to the debate, will be able to give us an assurance that that will still be the case.

Secondly, I welcome the assurances from the Government that any arbitration service will be free for claimants to use. I am pleased about that. Another amendment to which I had put my name would have placed a duty on courts to take account of a defendant’s means, including readership and assets, when awarding exemplary damages. I welcome the fact that the proposals fulfil that requirement. Although the proposals do not meet every recommendation made by Lord Justice Leveson, I welcome the fact that the House has been able to reach a compromise, albeit at the eleventh hour, to get at least some reference to the royal charter in statute.