I want to deal with three issues, the first of which is the Prime Minister's opaque answers to the very straight question about whether in the course of his 26 meetings with representatives of News International the BSkyB bid was discussed.
The Prime Minister is trying, understandably, to develop a reputation for straight dealing, but I am afraid that that was not what we saw. He was all over the place, relying on suggestion. In one answer, he said that he had not acted outside the ministerial code—that was not the question. In another, he relied on an answer given by Rebekah Brooks. The answer to that question is very straightforward—it is either yes or no—and I hope that the Minister will provide it when he winds up the debate.
Secondly, I want to consider what followed the Information Commissioner's report on breaches of data protection rules in 2006. It is incorrect to state, as the Conservative research department did in its briefing this morning, that we took no action. It is important that the House understands that we did take action, as we agreed with the report, and in the Criminal Justice and Immigration Act 2008 we introduced powers to increase the penalties for a breach of section 55 of the Data Protection Act 1998 from a fine to up to two years' imprisonment on indictment. There was a substantial objection to that provision from the media, who said that there was no proper public interest offence. Above all, may I tell the Conservatives, particularly the briefers in their research department, that a powerful objection was expressed by Members on the Conservative Front Bench? The hon. and learned Member for Harborough (Mr Garnier), said in Committee:"““The facts and arguments that I have presented to the Committee suggested that existing penalties””—"
which, as I said, were a fine only—"““are more than sufficient to deal with offences under section 55.””––[Official Report, Criminal Justice and Immigration Public Bill Committee, 27 November 2007; c. 585.]"
I hope that we hear no more from Government Members suggesting that we did not take action.
There was then a negotiation between the Information Commissioner, media representatives and me. We tabled new provisions that provided for the public interest defence, entirely correctly, and we provided new penalties of imprisonment under section 76 of the 2008 Act, to be imposed by affirmative order. I consulted on that towards the end of the previous Parliament. We lost the election, and the duty to consider the consultations and make decisions fell to my successors. I assume that the consultations have concluded—if not, they should be concluded immediately—and the Secretary of State for Justice should come to the House to bring both parts of that provision into force.
Public Confidence in the Media and Police
Proceeding contribution from
Jack Straw
(Labour)
in the House of Commons on Wednesday, 20 July 2011.
It occurred during Debate on Public Confidence in the Media and Police.
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531 c994 
Session
2010-12
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