It is a privilege to speak in this debate on this important topic.
Why does the inquiry matter so much when, as Ofcom suggests, papers and magazines account for only 11% of news and current affairs consumption, and when the news cycle is such that the fact that Her Royal Highness the Duchess of Cambridge is pregnant got out on Twitter much quicker than it could have got out in a newspaper? The point is that the news cycle of investigative
journalism and in-depth analysis means that the press is at the forefront of holding politicians, Executives and the establishment to account, which is why such journalism deserves a special place in the media spectrum.
I agree with Lord Justice Leveson’s overriding principle that the freedom of the press should be maintained. I do not agree that we need to legislate for the Secretary of State to have such a duty, as the hon. Member for Falkirk (Eric Joyce) suggested. I agree with the self-regulation principle. I share the sympathies of hon. Members on both sides of the House who agree to some extent with the Prime Minister that we need to think very carefully about crossing that Rubicon, as he described it last week.
Sir Brian Leveson says in part K, chapter 5.47 that the threat to legislate must be credible. It has not been credible before. He suggests that that is the only reason why the proposals of Lord Black of Brentwood have progressed as far as they have. I would put it a different way. I would say that the threat of legislation has been made several times, which has led to the evolution of press self-regulation since it began in the late ’40s.
I referred earlier to a simple, three-clause Bill that refers to article 10 of the European convention on human rights but which leaves out the criteria of independence on the basis of not interfering in the operation of the media. However, Sir Brian Leveson says that Parliament must legislate for the criteria of independence. That Bill, which might have been simple at first, is already starting to grow.
Lord Justice Leveson also declines to give a definition of public interest, but the phrase is used extensively in the report. If Parliament is pressed down the statutory route, Parliament would have to consider that definition as part of the criteria for independence when setting up the body.
The report gets into the balance of ethics and privacy—it deals with balancing the public interest in the freedom of speech with the public interest in the rights of privacy. Sir Brian says that that is one of the key points, but that is an understatement. I am concerned that members of the public, including victims—including people affected by the Hillsborough disaster—believe that statutory underpinning is the answer to all previous problems. I do not think that statutory underpinning would necessarily solve the problems that people have experienced, as my right hon. Friend the Member for Hitchin and Harpenden (Mr Lilley) said.
Sir Brian Leveson refers to extant changes in the code. One of his first recommendations for the regulatory body is that it should undertake a thorough review of the code. I tried to intervene on the right hon. and learned Member for Camberwell and Peckham (Ms Harman)—she is unfortunately no longer in the Chamber. In evidence to the Leveson inquiry, she suggested that the code is fine and does not need changing. Are we adopting the entire principles and thoughts behind the Leveson inquiry, or are we, on a more careful reading—I have not got through all the report yet and have read only certain sections—beginning to see problems that we need to discuss in more detail, such as the report’s interpretation of how the press and legislation will work? Sir Brian Leveson says that the incentive to join the regime would be the existence of the tribunal route. I understand why
that would be an incentive, but one wonders whether the Defamation Bill, which is currently before Parliament, could provide a route towards securing the same ends.
What if we cannot agree? What if not all the press sign up to a new body? Sir Brian refers to needing all national publishers to agree, and that if they do not, then Ofcom should become the regulator. Potentially, we have the same situation we had when Northern and Shell walked away from the Press Complaints Commission. If Northern and Shell or any other publisher walked away, the default recommendation in the Leveson report is for Ofcom to regulate the press. That would be a huge step backwards, and part of the slippery slope which many hon. Members are concerned about venturing on to.
There is an appropriate concern about access to justice. I do not agree with Sir Brian Leveson’s recommendations for excessive costs and penalty damages for publishers who do not subscribe to the code. In fact, he is trying to implement Sir Rupert Jackson’s comments on the qualified one-way costs shifting system. That is something we need to think about and more proposals need to come forward. If somebody went to the potential new body, which was not subscribed to by a particular publisher, one could imagine a situation where the regulator said, “Actually, you are absolutely right, that would have failed our tests and we will help you take on the publisher in court.” I can see something like that happening to ensure that people have access to justice.
I have other concerns. The issue relating to the Data Protection Act is a problem for people protecting their sources or for public interest use. Sir Brian Leveson suggests that the names of people should not be disclosed, or that we should not try to identify potential criminals. Frankly, if that was the case for TV, we would shut down the “Crimewatch” programme overnight. The press work with the police to flush out criminals and potential suspects, and to help get the public involved in the search on crime, and the report puts that at risk.
There have been two references to the potential extent of third-party complaints. I am concerned about one particular part of the report, which suggests that the code be amended to have a duty to ensure compliance with Government legislation on the wording of stories. Again, that strays from where we need to be.
A member of the House of Lords would apparently be able serve on the independent board, but an MP or a member of the Government would not.