My Lords, I am grateful to the noble Earl, Lord Attlee, for moving Amendment 11 and for his brave and wise speech. I hope that the Minister has thought again overnight and will accept Amendments 11 and 12, which have a lot of support within the House, without our needing to divide. What message does it send to voters when a clause that has been heavily debated and voted on, and to which amendments have attracted cross-party support, is persisted with by the Government under an expedited process?
I and other noble Lords do not think that this is an appropriate way of conducting the business of this House. Our democratic system, with all its checks and balances, is sacred, and I urge the Government to respect it and either withdraw this clause or agree to Amendments 11 and 12, which propose a finely balanced compromise between competing views.
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At the heart of this debate is Section 40, a measure which would protect regulated newspapers from costs in court cases against them and protect ordinary people from costs in bringing claims against unregulated newspapers. The principle of access to justice for ordinary people against press abuse, and the freedom of regulated and ethical newspapers to hold wrongdoers to account without fear of expensive litigation, is common sense. That is why we and press freedom advocates around the world, including the National Union of Journalists and the international free speech organisation Article 19, support the Leveson system. But it seems that the Government do not share these views and are seeking to repeal Section 40 in full. That is why the noble Earl, Lord Attlee, and I have proposed the amendments today. They are a compromise, which would retain the protections of Section 40 while allowing that part of it to which national newspapers object to be repealed.
This is the perfect compromise for the Government: the press may remain totally unaccountable without any costs or financial disadvantage, but we in your Lordships’ House would show our support for the principles of high standards in an ethical media that would put the public first and create an incentive for newspapers to do the right thing and join a regulator that would protect the public. The press and the Government have no good reason to oppose it.
I fear that some noble Lords may have missed some of my speech yesterday, because of breaking news about a general election. Your Lordships’ House now has access to the extraordinary intervention from Sir Brian Leveson in a letter to me. His letter makes it crystal clear that the Leveson system does not constitute state regulation in any way, shape or form. His recommendations do not pose any financial risk to
newspapers. Despite assertions to the contrary in Committee, Sir Brian’s letter explains why his proposals are as relevant today as they have ever been.
We have an opportunity today to do what this House does best: find a compromise between those in favour of press freedom and high standards in the press on the one hand, and those firmly opposed to introducing any meaningful accountability for the industry on the other. I address the Front Benches and say to them that the campaign for the general election has begun. The public’s eyes are on us. They recognise integrity and they recognise cowardice.
This amendment was first tabled by a former Conservative Minister in the other place. Action on this issue has the support of noble Lords on that side of your Lordships’ House. It was supported by the Opposition on Report in the other place and in debates in this House. The Liberal Democrats have been consistent and tenacious in their support of this issue. Now is the time for courage and to stand up for what is right; for respect for the conventions of this House; for the interests of the bereaved and victims of crime targeted by the press; and for journalists who want to do the right thing.
After today’s debate, we may not get the gushing write-up in a national newspaper that some may be hoping for, but there are thousands of people who have experienced the worst kinds of press abuse and are relying on us to speak up for them and to show some courage. I think of my own family and all those who have experienced press wrongdoing. We owe it to them to make progress today.