Proposed Media Mergers

John Whittingdale Excerpts

Tuesday 5th June 2018 Commons Chamber

[Matt Hancock]

As I said in the statement, the analysis that I announced today and have put in the Libraries of the House follows a scrupulous process of scrutiny not just by me and Ofcom, but by the CMA. No matter how long debates over Heathrow took, I am sure that the shadow spokesman has not yet had the chance to read the full 410 pages of the CMA report. It goes into great detail in answering several of the questions that he raised. When it comes to the question of Leveson, it does take into account everything that was disclosed during the Leveson process and, of course, that which was made public by the many court cases since and it has looked over this area rigorously. The CMA concludes that what matters most in the broadcasting standards test is that which is most recent, so while it does take past behaviour into account, it ensures that that which is most recent is also weighted. The behaviour that was described and found under the Leveson inquiry was some time ago, as we have debated already.

I agree with the hon. Gentleman very strongly about the value of Sky News. This is very important to the UK broadcasting environment. I agree that we must be confident that the proposed solution and undertakings that have been given are robust. That is what I will be seeking to nail down over the next fortnight before consulting formally on those undertakings.

I am seeking to strengthen the undertakings that were given to the CMA and that have been repeated to me. When I am confident that those undertakings will ensure the long-term sustainable future for high-quality independent broadcasting at Sky News, as we know it now, I will be prepared to consult on those undertakings, take them and live by that decision.

[Mr John Whittingdale (Maldon) (Con)]

May I welcome my right hon. Friend’s statement and congratulate him and his predecessor on their handling of this matter? He will be aware that it is 16 months since the regulatory process got under way. Does he agree that it would be infinitely preferable if the future of Sky was determined by its shareholders and by the market, rather than by the regulatory timetable? Will he therefore give us an assurance that he will do his utmost to resolve the regulatory process before the summer recess begins?

[Matt Hancock]

Absolutely. My goal on the timeline is to consult within a fortnight. That consultation is required by law to take 15 days, which means that, hopefully, within a month, I will be able to get undertakings in which I have full confidence and can then consult on and conclude this process.

Gaming Machines

John Whittingdale Excerpts

Thursday 17th May 2018 Commons Chamber

[Tracey Crouch]

The hon. Gentleman makes a valid point. We continue to monitor B3 gaming machines—we are concerned about their growth—and to consider increased player protection measures. We continue to keep this category of machine, along with everything else, under review.

[Mr John Whittingdale (Maldon) (Con)]

I welcome the Government’s decision to cut the maximum permissible stake for B2 machines, but on what empirical research did the Minister base her decision to go so much further than the recommendation of the Gambling Commission that £30 or below would offer the necessary protection?

[Tracey Crouch]

I am grateful to my right hon. Friend, who started on this journey with me three years ago. We received a significant amount of evidence. The Gambling Commission actually recommended a cut to between £2 and £30, and we have gone to the lowest end, because that is what we think will most reduce harm.

Data Protection Bill [Lords]

John Whittingdale Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 9th May 2018 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Before I call the next speaker, I remind colleagues that this debate has to end at four o’clock and I know a lot of people want to speak.

[Mr John Whittingdale (Maldon) (Con)]

Thank you, Madam Deputy Speaker. I will take heed of your reminder about the time limit.

It is now over 10 years since the Culture, Media and Sport Committee, of which I was Chair at the time, first conducted an inquiry into phone hacking. We conducted several subsequent inquiries, which helped to bring out the truth about the extent of phone hacking and other illegal practices. Without the work of the Committee, those would not have been revealed, although I pay tribute to The Guardian’s brilliant piece of investigative journalism. A lot of this debate concerns investigative journalism.

I think all of us were shocked by the revelation of phone hacking and we were determined that action should be taken to prevent anything like that happening again. In the 10 years that have passed, however, a lot has changed. The News of the World closed down as a result of the revelations. There were prosecutions, with 10 journalists convicted for illegal practices, although it is worth bearing in mind that 57 were cleared.

Obviously, we had the Leveson inquiry. Even if it did not complete all that it originally wanted to complete because of the ongoing criminal cases, it still took over a year and cost £49 million. It produced a swathe of recommendations, although the royal charter was not one of them. My right hon. Friend the Member for West Dorset (Sir Oliver Letwin) had the brainchild of the royal charter and, accompanying that, sanctions in the Crime and Courts Act 2013 for newspapers that did not sign up to a regulator recognised under the royal charter.

Since that time, two major changes have taken place. When the royal charter was designed and the recognition panel was established, I do not think anybody in Parliament ever expected that not a single newspaper—certainly no national newspaper and virtually no local newspaper—would be willing to sign up to a regulator that applied for recognition under the royal charter. It was not just the usual whipping boys; the News International papers, the Daily Mail, the Daily Mirror. The Financial Times, The Guardian, The Independent and all the local newspapers refused. I have met the publications that have agreed to join IMPRESS, but they are micro-publishers. No major publisher was willing to go along with the royal charter. We originally invented the idea of sanctions with the view that one newspaper, or perhaps two, might stand out against the rest. We never intended to bring in a sanction that would punish, in what seems an incredibly unjust way, every single publisher. Their refusal to join is on a matter of principle, and we have to respect that.

What did happen was that they created a new regulator called IPSO, which has steadily evolved. To begin with, it was deficient in some ways. I had talks with IPSO and pointed out to it the areas where I felt that it needed to make changes, particularly through the introduction of an arbitration scheme, which was one of the key requirements under Leveson and which did not exist. However, IPSO has now made a lot of changes, including, as my right hon. Friend the Secretary of State pointed out, the inclusion of an arbitration scheme, which is compulsory for members who sign up to it. Those that are outside it are the local newspapers, against which virtually no complaint has ever been made, and which face the greatest peril from the economic situation that exists for newspapers.

[Paul Farrelly]

The Select Committee, of which the right hon. Gentleman was a wonderful Chair, recently recommended unanimously, cross-party, the partial commencement of section 40 to give those publications protections—to protect investigative journalism—if they joined the approved regulator. That was one of the options in the consultation. What is wrong with that course?

[Mr Whittingdale]

The hon. Gentleman is an old friend—we sat together on the Committee for 10 years—and I have some sympathy with what he says. When I talked to the publications that had joined IMPRESS, they said that one reason they had done so was the possible protection offered if they were part of a recognised regulator, in that they would not have to pay costs even if they lost. That is a separate matter, but in this debate we are talking about the introduction of an amendment to provide not the carrot, but the stick—the punishment for newspapers that do not wish to sign up to a Government-approved regulator.

[Mr Bone]

Does my right hon. Friend think, deep in his heart, that anything has changed since IPSO was introduced?

--- Later in debate ---

[Mr Whittingdale]

Deep in my heart, yes I do. As I was about to say, I believe that there is a different climate. Of course, it does not mean that no newspaper ever does something that is a cause for complaint or invades people’s private lives—I have suffered at the hands of the press, but that is the price we pay in this place. However, I believe that the imposition of sanctions of the type that are proposed under the amendments would be deeply damaging to a free press.

In terms of what has changed, I challenge those who criticise IPSO to say where it now fails to meet the requirements under the royal charter. I have been through the royal charter, and there are perhaps three tiny sections where we could say that the wording of the IPSO codes is not precisely in line with the royal charter, but those are incredibly minor. They make no substantial difference whatever. IPSO has not applied for recognition under the royal charter, not because it does not comply, but because there is an objection in principle on the part of every single newspaper to a Government-imposed system, which this represents.

[Peter Heaton-Jones]

The fundamentally worrying thing is that this seeks to make a connection between local media organisations having to join the state regulator and their facing, if they do not, the awful costs that they might have to pay even if they win a court case. The right hon. Member for Birmingham, Hodge Hill (Liam Byrne) described that as an incentive, but it is not—it is coercion. It is only an incentive inasmuch as a condemned man on the gallows has an incentive not to stand on the trapdoor.

[Mr Whittingdale]

Of course, I agree entirely with my hon. Friend, and I am glad that he focused on local newspapers, because I referred to two changes. The first is the establishment of IPSO, which I believe in all serious respects is now compliant with what Lord Leveson wanted. The second is the complete change in the media landscape that has taken place in the last 10 years.

My right hon. Friend the Secretary of State mentioned the number of local newspapers that have gone out of business. We are seeing more continue to do so. There is likely to be further consolidation within the newspaper industry and the economics are steadily moving against newspapers. That is a real threat to democracy, because newspapers employ journalists who cover proceedings in courts, council chambers and, indeed, in this place. The big media giants who now have the power and influence—Google, Facebook and Twitter—do not employ a single journalist, so my right hon. Friend is absolutely right to have established the examination into the funding and future of the press. It is about looking forward, and that is where the House should be concentrating its efforts. It should not be looking backwards and going over again the events of more than 10 years ago; the world has changed almost beyond recognition.

[Damian Collins (Folkestone and Hythe) (Con)]

My Digital, Culture, Media and Sport Committee colleague, the hon. Member for Newcastle-under-Lyme (Paul Farrelly)—I call him my hon. Friend—raised the recommendations of the Committee last year. One was that for IPSO to be considered compliant in any way with the spirit of Leveson, it should have a compulsory industry-funded arbitration scheme. While IPSO might not be perfect, does my right hon. Friend the Member for Maldon (Mr Whittingdale) agree that this is one of the most significant areas where IPSO has responded to pressure to try to make itself more compliant?

[Mr Whittingdale]

I agree very much with my hon. Friend. Indeed, I would have found it far harder to make the argument that IPSO was basically now compliant with Lord Leveson had it not introduced the scheme that is now in place. That was the biggest difference between the system as designed by my right hon. Friend the Member for West Dorset in the royal charter and IPSO, and that, as my hon. Friend the Member for Folkestone and Hythe (Damian Collins) said, has rightly been removed.

What we do in this debate is being watched around the world. This country is seen as a bastion of freedom and liberty, and a free press is an absolutely essential component of that. I say to those who are proposing these amendments: do not just listen to the newspaper industry, which is, as I say, united against this—that includes The Guardian, despite the efforts of Labour Front Benchers to somehow exclude them. Listen to the Index on Censorship, Reporters Without Borders, the Committee to Protect Journalists—campaigning organisations that are fighting oppression of the press around the world. They say that if this House brings in this kind of measure, it would send a terrible signal to those who believe in a free press. I therefore hope that the amendments will be rejected.

[Edward Miliband]

I shall speak in support of new clause 18, which stands in my name and that of the right hon. and learned Member for Rushcliffe (Mr Clarke) and four Members from four other parties across the House. I have tabled the new clause for one overriding reason: to keep a promise that everyone in this House made to the victims of phone hacking and other unlawful conduct.

I well remember the day when I, David Cameron and Nick Clegg went to meet the victims—the McCanns, the Dowlers and all the others. You know what we said to them? We said, “This time it will be different. This time we won’t flinch. We promise you we’ll see this process through.” Painstakingly, with the victims, we designed a two-part Leveson process—let us be under no illusions about that. The first part was to look at the general issues around the culture and ethics of the press and the relationship with politicians, and the second part, promised back then, was to look, after the criminal trials were over, at, in the words of Sir Brian, who did what to whom and why it happened. Who covered it up? Did the police? Did politicians? Did other public servants?

Blagging: Leveson Inquiry

John Whittingdale Excerpts

Wednesday 7th March 2018 Commons Chamber

[Matt Hancock]

Not only has there already been a Leveson inquiry into those areas, but the culture has clearly changed, and the fact that these practices ended in 2010 underlines the fact that they are historical. What we now have to address is how we ensure that there is high-quality journalism in the years to come, rather than revisiting the time when the right hon. Gentleman was at the height of his powers.

[Mr John Whittingdale (Maldon) (Con)]

Does my right hon. Friend agree that revelations of blagging by private investigators employed by newspapers have been known about ever since Operation Motorman and the subsequent report by the Information Commissioner, which was more than 10 years ago and led to prosecutions and convictions? He is absolutely right that newspapers today face real challenges, and it is those that we should be looking into through the inquiry that the Government have set up, rather than revisiting events of a decade ago.

[Matt Hancock]

It was a great pleasure to serve in government with my right hon. Friend, who preceded me in this job. He has great wisdom in this area and understands the challenges faced in having a high-quality media with high-quality journalism that must behave appropriately and ensuring that people have redress, such as in the low-cost arbitration system that now exists. He put a lot of work into putting all of that into place, and I pay tribute to him and agree with what he said.

Leveson Inquiry

John Whittingdale Excerpts

Thursday 1st March 2018 Commons Chamber

[Matt Hancock]

I agree wholeheartedly with the hon. Gentleman. It is, of course, part of the devolution settlement that these issues are dealt with in Scotland. I of course respect the separate and distinct legal system in this area. He asks whether we will respect that in future, and he knows as well as I do that amendments have been made to the Data Protection Bill in the other place—that Bill will have its Second Reading in this House on Monday—that, with respect to data protection only, require a Leveson 2-type inquiry and the commencement of section 40 on a UK-wide basis. I look forward to discussing with the hon. Gentleman how we can make sure that we have the respect we need for the devolution settlement and for the Scottish press. The single best way that we can deal with the problem he rightly raises is by disposing of those amendments in their entirety.

[Mr John Whittingdale (Maldon) (Con)]

I strongly welcome my right hon. Friend’s statement. Does he agree that, now more than ever, newspapers play a vital role in holding both the Government and the Opposition to account? He is absolutely right that, rather than looking backwards at the events of 10 years ago and adding to the costs of local newspapers, we should be supporting newspapers in meeting the challenges of the internet giants.

Oral Answers to Questions

John Whittingdale Excerpts

Thursday 8th February 2018 Commons Chamber

[Matt Hancock]

Very good, Mr Speaker.

Of course the app does comply but, more importantly, I think we should use digital communications in all their modern forms to communicate with our constituents. I am delighted by the response the app has had—it has been far bigger than I could possibly have imagined—and I look forward to communicating with my constituents over Matt Hancock for many years to come.

[Mr John Whittingdale (Maldon) (Con)]

T3. I, too, congratulate the Government on the progress made in passing the 95% target for coverage of superfast broadband, but what message can my right hon. Friend give to the over 2,000 households in my constituency who are unable to receive 10 megabits per second, and particularly the over 10% of households in the village of Purleigh who cannot even receive 2 megabits per second?

[Matt Hancock]

The message I can give those households is that the cavalry is coming: this House has legislated so that everybody shall be able to get 10 megabits per second as an absolute minimum by 2020, and the Minister of State, Department for Digital, Culture, Media and Sport is driving the secondary legislation through necessary to make that happen.

--- Later in debate ---

[The Attorney General]

Yes, I believe we do. For some of the most substantial cases under the Bribery Act, it is the Serious Fraud Office that prosecutes and investigates, and it has a good deal of expertise. In relation to both convictions and deferred prosecution agreements, my hon. Friend will recognise, as I have said already, that we are presenting good cases and securing convictions.

[Mr John Whittingdale (Maldon) (Con)]

2. What steps the CPS is taking to increase the rate of prosecution of people responsible for female genital mutilation.

[The Solicitor General (Robert Buckland)]

FGM is a crime. It is abuse against children and women. The Crown Prosecution Service has introduced a series of measures to improve the handling of such cases, including appointing a lead FGM prosecutor in each area and delivering training to police and prosecutors across the country.

[Mr Whittingdale]

I welcome this week’s announcement of extra funding to tackle FGM in Africa and beyond. With over 5,000 cases reported in a year in this country, does my hon. and learned Friend share my concern that we are still to bring a successful prosecution?

Sky/Fox Update

John Whittingdale Excerpts

Tuesday 23rd January 2018 Commons Chamber

[Matt Hancock]

It is a matter of law that while consideration of the proposal is ongoing, Sky News cannot be shut down in advance of a decision—I can give the hon. Gentleman that assurance. He also made points about his views on the report published today; I shall reserve my judgement, see the final report and come to a conclusion based on that.

[Mr John Whittingdale (Maldon) (Con)]

I welcome the Secretary of State’s keeping the House informed, but of course he currently has no role. When the CMA presents the final report and he comes to address this matter, will he bear it in mind that, to date, no regulator that has carried out any objective assessment has found any reason to block the merger on the grounds of commitment to broadcasting standards, and also that the greatest disaster that could befall the plurality of the media in this country would be for Sky News, which is after all a loss-making enterprise, although extremely good, to be closed by its new owner?

[Matt Hancock]

Both those points are covered in the CMA report that was published today. If my right hon. Friend the former Secretary of State wishes to make to the CMA any further comments like those he just made, he has three weeks in which to do so, after which I will consider the final report in full.

BBC Pay

John Whittingdale Excerpts

Tuesday 9th January 2018 Commons Chamber

[Matt Hancock]

Given the action that Conservative Members have taken to bring this transparency to the BBC, one would have thought that the Scottish National party might say that that was a good idea or welcome it. We strongly support the BBC, but we also believe that it is acting in its own self-interest by sorting out these sorts of issues, and we will make sure that it does.

[Mr John Whittingdale (Maldon) (Con)]

I, too, congratulate my right hon. Friend on his appointment to what is one of the best jobs in government. I also wish his predecessor every success in what is one of the most challenging.

Does my right hon. Friend agree that it is not good enough for the BBC to say that its performance in this area is better than that in many other sectors? Does he share my view that it is because the BBC is funded by public money that we are entitled to expect it not just to adhere to the requirements of the law, but to set a higher standard that others can then follow?

[Matt Hancock]

It is not just because the BBC is a public organisation and the people who work there are public servants that it has a higher obligation than private organisations; it is also because the nature of the BBC is to reflect on to the nation—and indeed the world—the values that we hold dear, and it must live up to those values.

Oral Answers to Questions

John Whittingdale Excerpts

Thursday 21st December 2017 Commons Chamber

[Karen Bradley]

I thought it was going to be a bid for Wrexham, so I am interested to hear the right hon. Gentleman’s views on other locations. There are many estimates of the benefit, but Channel 4 relocating out of London would have a clear benefit to the country. It is a publicly owned broadcaster and as such we expect it to deliver public benefits above and beyond commercial benefits, and that includes relocating out of London.

[Mr John Whittingdale (Maldon) (Con)]

While I welcome the reports that Channel 4 will be employing more people and investing more money outside London, does my right hon. Friend agree that to send the message that Channel 4 is an alternative broadcaster serving different audiences, its headquarters should not be in SW1?

[Karen Bradley]

My right hon. Friend speaks with great experience and knowledge on this matter, and the House does well to listen to his wise words.

--- Later in debate ---

[The Minister for Digital (Matt Hancock)]

The hon. Lady raises an important question. Of course, competition rules are rightly decided on independently in this country, so she would not expect the Government to express a definitive view one way or the other, but the question she raises is a very interesting one.

[Mr John Whittingdale (Maldon) (Con)]

T7. Is my right hon. Friend aware that estimates show that something like over 1 million people will be watching their festive TV and films using illegal streaming devices? Does she agree that this does huge damage to our creative industries, and will she look at what more can be done to tackle it?

[Karen Bradley]

My right hon. Friend again speaks with great knowledge and experience. He has very wise words for us—one very wise man in the Chamber at Christmas time is a start—and his points are well made. We want to ensure that content is protected and that those who provide and produce it are able to make the money that they should rightly make from it. We are working with the creative industries as part of the sector deal in the industrial strategy on how to protect content in the most effective way.

Oral Answers to Questions

John Whittingdale Excerpts

Thursday 16th November 2017 Commons Chamber

[Mr Speaker]

Mr Robert Halfon—not here.

[Mr John Whittingdale (Maldon) (Con)]

Does my right hon. Friend share my concern about the decline of local newspapers and the consequences for local democracy? Will she welcome the launch by the BBC of the local news partnership, which will support the employment of local democracy reporters? Does she agree that, perhaps now, Google and Facebook, which also profit from local journalism, could support that initiative?

[Karen Bradley]

My right hon. Friend deserves great credit for the work that he did on the BBC charter, which included this local news initiative now being carried out by the BBC. The idea that we might lose our local newspaper—the voice for local people—is of great concern to all Members of this House. I have regular discussions with the internet companies on precisely the point that he has raised.