Data Protection Bill [HL] — House of Lords, 2017-12-13
Topic: Civil Rights
David John Maclean (Conservative, Centre-right): My Lords, I am very pleased to support the cross-party amendments in this group, spoken to so ably by the noble Baroness, Lady Hollins, to remedy imbalances in the Data Protection Bill and provide new incentives for the press to join a properly independent system of self-regulation, which is what Leveson recommended and both Houses of Parliament agreed Let us remember what led to the establishment of the Leveson inquiry: we had revelations of data breaches on a massive scale. I have never met Hugh Grant—I have not even seen any of his films—but I suppose that one can say that film stars and politicians, as we are public people, are perhaps considered fair game by the media. I do not believe that, but it is an understandable point of view. However, we saw ordinary members of the public and anyone vaguely of press interest being targeted. That meant victims of crime, the bereaved and other totally innocent, private people. Medical records were stolen, mobile phones were hacked and bins were sifted through. Often, there was no public interest or even a suspected story. It was speculative—or "fishing", as it is known Before we get bogged down in legal arguments that this is not the right Bill for these amendments, let us go back to basics and remember the one glaring example that started all this off. A little girl called Milly Dowler disappeared and the media hacked into her voicemails even before her murdered body was found. Despicable as that was, the police did nothing about it, because it was accepted that it was par for the course and that journalists did that sort of thing. That was the view I had as a Member of Parliament in the other place; we took it for granted that that would happen. It was part of the police/media mutual back scratching. Police tipped off friends in the media about arresting the actress Gillian Taylforth performing what was called "a sex act" on her boyfriend in a Range Rover and the media returned the favour by giving some crime story greater coverage in order to help the police All parties at the time recognised the need for reform and the Leveson inquiry was established. The inquiry was established to make recommendations to protect freedom of expression and take the matter of press regulation out of the hands of government and give it to an independent body. That is the proper way to reform regulation of the press: a public inquiry the recommendations of which all sides sign up to. Governments of left and right are always vulnerable to pressure from the press, whether it is from Murdoch, Dacre or other individuals, to sway policy in their direction, often at the expense of the public. Let us be honest that no Government have been immune from those pressures. All Governments run scared of doing anything on press regulation when the press might criticise it and not back the party at the next election. That is no way to settle policy, least of all when it overrides the will of both Houses of the British Parliament These are not new points; they are a summary of Sir John Major’s evidence to Leveson. I am supporting these amendments today in order to bring those reforms into effect, as Leveson recommended and as Parliament intended and voted for. As noble and noble and learned Lords have said, it is vital that newspapers have access to the exemptions necessary for investigative journalism—Leveson recommended that. We are all defenders of free speech. Newspapers that wish to continue to enjoy the broadest range of exemptions need only sign up to an independent regulator, whereupon they will enjoy not only all of the exemptions already in the Bill, but three new exemptions added by these amendments Let us be clear that we mean an independent regulator, not the in-house, fey, bogus, patsy system that the media have created for their own benefit and which is no better than the discredited Press Complaints Commission. We have heard enough examples from noble Lords tonight to show that they have failed to do their duty. We have a cross-party, judge-recommended way forward on these matters. We should take it and take press regulation policy out of the hands of government and into Leveson’s independent system. It is probably just as well that the noble Lord, Lord Prescott, is not here for this debate. In my 40 years in Parliament I have never agreed with anything he has said except every word tonight. I assure noble Lords that it would be as terrible a shock to the noble Lord to hear it as it is to me to say it, but he is absolutely right—we have implemented only a trivial amount of Leveson Noble and noble and learned Lords have said, "This is not the right Bill". There never is a right Bill, unless the Government bring in a press regulation Bill, which I can understand that no Government would want to do. So we are forced to try to implement Leveson by tacking a bit on to this Bill, hoping that there will be another criminal justice Bill next year so we can tack another bit on and gradually, bit by bit, getting Leveson implemented. Of course, the Government could easily implement Section 40, which would give us 90% of what Leveson wanted. These amendments, or implementing Section 40, are the only ways to protect the public while ensuring freedom of the press. I hope that noble Lords from all sides of the House will support these amendments tonight—or, if not tonight if we do not have a vote, in the new year.