Crime and Courts Bill [Lords]

Nigel Evans Excerpts

Monday 18th March 2013 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

Government new clause 22—Relevant considerations.

Government new clause 23—Amount of exemplary damages.

Government new clause 24—Multiple claimants.

Government new clause 25—Multiple defendants.

Government new clause 26—Awards of aggravated damages.

Government new clause 27A—Awards of costs.

Government new clause 29—Meaning of “relevant publisher”.

Government new clause 30—Other interpretative provisions.

Government new schedule 5—‘Exclusions from definition of “relevant publisher”.

Government amendments 121A and 122.

[Maria Miller]

The Leveson inquiry shone a spotlight on the worst excesses of the press. As a result of the revelations involving the hacking of Milly Dowler’s phone and all that went before it, we have seen the closure of a national newspaper and a range of ongoing criminal investigations.

Lord Justice Leveson heard evidence for more than a year. I should like to pause for a second to pay tribute—[Interruption.]

[Mr Deputy Speaker]

Order. Please will Members leaving the Chamber do so quietly? I am finding it very difficult to hear what the Minister is saying.

[Maria Miller]

Thank you, Mr Deputy Speaker.

I should like to pay tribute to those who gave evidence that involved them revisiting those harrowing experiences. I hope it will be clear today that that ordeal has not been in vain.

Today marks a turning point. We can move on from simply talking about Lord Justice Leveson’s report to starting to act on it, with a new package that is agreed by all three party leaders. The package includes a new royal charter, as announced by the Prime Minister earlier; a new costs and damages package that seeks to maximise incentives for relevant publishers to be part of the new press self-regulator; and one short clause reinforcing the point that politicians cannot tamper with the new press royal charter, which is the subject of debate in the other place.

Before I discuss the Bill, I should like to make clear what we are not talking about. The Prime Minister said to the House on the day the report was published that he had serious misgivings about statutory press regulation. He—I agreed with him—was determined to find a better way of establishing the recognition body that would oversee the tough self-regulatory body that Lord Justice Leveson envisaged. That is what our royal charter does.

Our proposals will provide the toughest system of regulation that this country has ever seen. The system will protect the public and ensure that the freedom of the press is not undermined. Alongside our proposals, we will include a three-line clause that reinforces the language within the charter and says that it cannot be changed without a two-thirds majority in both Houses. The clause ensures that, for generations to come, Ministers cannot interfere with the new system without explicit and extensive support from both Houses.

We have achieved all of that without needing to set out a system of press regulation in legislation—hence, our proposals are not statutory underpinning. The three-line clause applies to all royal charters of a particular nature from this point onwards. It is simply a safeguard.

We are in the House to debate amendments that will put in place a new, tough set of incentives for publishers. There are two such incentives—the first relates to the award of exemplary damages, and the second relates to the award of costs in litigation involving relevant publishers. The package forms a crucial part of the new regulatory regime, providing strong new incentives to relevant press publishers to join the press regulator. When they choose to join the press regulator, they will receive a series of benefits on costs and damages. However, those that choose not to join the regulator will be exposed to the tough new regime, which includes payment, in most cases, of the costs of people who bring claims in the courts against publishers on civil media laws, regardless of whether those people win or lose; and exposure to a new exemplary damages regime—we are introducing a new punitive damages regime for breaches of those media laws for those who do not sign up to the regulator.

Victims of press mistreatment will, for the first time, have access to a new toughened complaints mechanism with prominent apologies, tough £1 million fines, and access to a new arbitration system.