My Lords, yesterday we debated my amendment, and in normal circumstances I would not have moved it again today, but yesterday there were extraordinary circumstances because our debate was overshadowed by a certain announcement. At the very moment when the noble Baroness, Lady Hollins, stood up to make what I thought was an important contribution, both Front Benches were attached to their mobile telephones, looking at the news. My noble
friend the Minister is the most attentive Minister, and I commend him on all the work he has done on the Bill, but in those circumstances I was somewhat off the ball, as was almost everybody in the Chamber, in listening to what the noble Baroness said. I regret that, which is one of the reasons I thought it was important to speak today.
Neither did your Lordships have a chance to see the letter from Sir Brian Leveson, in which he made some important points. I recommend that the noble Lord, Lord Pannick, might read it, so that he can have a good old-fashioned legal row with him. Sir Brian Leveson made two important points, as I will reiterate. He absolutely debunked the contention that the Press Recognition Panel is a state regulator. I will not go into the details, because I do not think it necessary; noble Lords who wish to read the letter can find it in the Library. He also pointed out that Section 40 would not require publishers to pay costs even if they won; it is simply not the case.
It is a pity that we have had such truncated proceedings, because in normal circumstances we would have had Committee, and then everybody would have had a chance to read Sir Brian’s letter and either agree or disagree with it—at least they would have better understood the issues that are raised. Sadly, that will not be the case.
The noble Lord, Lord Bassam, was originally somewhat sympathetic to some of these ideas, but with the announcement of the election no Front Bench will put itself on the wrong side of the press—so there we are. But I have to say that noble Lords who oppose my amendment might rue the day because, whoever wins the next election, I suspect that something else might come, and it might be somewhat different. My amendment does not change government policy; it is the Government who are changing their policy. Section 40 was put in by a Conservative Government; it was a Conservative policy. It is no one else’s policy.
It is disappointing. I think the question that always has to be asked is this: are publishers and newspapers going to be the only industry in this country to mark its own homework? That question will be asked again and again; whatever one thinks of Impress and IPSO, there are questions. That is an issue that will come back again and again.
I want to make it clear that I am not going to press my amendment today, so my noble friend Lord Black need not come up with his usual diatribe against me. I enjoy his diatribes, because when one moves an amendment, one sometimes wonders whether one has got it right. When I listen to my noble friend Lord Black, I know I have got it right, and that is an enormous help to me.
It is disappointing that the Government could not consider more carefully the points made by Sir Brian Leveson. I hope future Governments will and that this is not the end of the debate. I make it clear that this is not an attack about press freedom. I agree with my noble friend Lord Attlee. I am trying to make sure that those who are not in a position to have some comeback when they are treated unfairly are protected better than they are now. I beg to move.