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Tory press reforms fail to convince Tory press reforms fail to convince
(7 months later)
Painstaking efforts by Downing Street to secure all-party agreement on reform of press regulation, based on a new royal charter, look set to founder unless Labour and the Lib Dems can be persuaded that the system ensures independence from the newspaper industry and ministers.Painstaking efforts by Downing Street to secure all-party agreement on reform of press regulation, based on a new royal charter, look set to founder unless Labour and the Lib Dems can be persuaded that the system ensures independence from the newspaper industry and ministers.
Maria Miller, the culture secretary, published the Tories' proposals for a royal charter after weeks of inconclusive cross-party talks about how to implement Lord Justice Leveson's proposals on regulation of the press. She is determined to produce a system of self-regulation that avoids the need for statute.Maria Miller, the culture secretary, published the Tories' proposals for a royal charter after weeks of inconclusive cross-party talks about how to implement Lord Justice Leveson's proposals on regulation of the press. She is determined to produce a system of self-regulation that avoids the need for statute.
The draft has some radical elements, including provision for fines of up to £1m, and the potential for people to lodge complaints with the regulator even if they have not personally been traduced.The draft has some radical elements, including provision for fines of up to £1m, and the potential for people to lodge complaints with the regulator even if they have not personally been traduced.
Miller also published clauses which would act as incentives, outlined by Leveson, for those in the industry to join the self-regulatory body or face exemplary damages if found guilty of misreporting. Under the proposals, news websites published by newspapers and other companies would fall under the regulator's remit.Miller also published clauses which would act as incentives, outlined by Leveson, for those in the industry to join the self-regulatory body or face exemplary damages if found guilty of misreporting. Under the proposals, news websites published by newspapers and other companies would fall under the regulator's remit.
A spokesman for the deputy prime minister, Nick Clegg, said the proposals were a welcome start. But the Lib Dems' media spokesman, John Leech, said the plans for the charter "won't do the job", adding: "We are a million miles away from an agreement."A spokesman for the deputy prime minister, Nick Clegg, said the proposals were a welcome start. But the Lib Dems' media spokesman, John Leech, said the plans for the charter "won't do the job", adding: "We are a million miles away from an agreement."
Harriet Harman, the shadow culture secretary, said: "We have substantive concerns that the royal charter as drafted … fails to comply with the recommendations the Leveson report makes."Harriet Harman, the shadow culture secretary, said: "We have substantive concerns that the royal charter as drafted … fails to comply with the recommendations the Leveson report makes."
In a letter to the Cabinet Office minister Oliver Letwin she said she wanted the talks concluded by 21 February, by which time bills that could act as vehicles for Leveson reform will be in front of parliament.In a letter to the Cabinet Office minister Oliver Letwin she said she wanted the talks concluded by 21 February, by which time bills that could act as vehicles for Leveson reform will be in front of parliament.
Harman seemed determined to be open-minded, saying it was possible to reach agreement about a royal charter, but only with substantive changes.Harman seemed determined to be open-minded, saying it was possible to reach agreement about a royal charter, but only with substantive changes.
The newspaper industry said it welcomed the "very constructive announcement" and hoped it could lead to a new regulator being set up swiftly. But representatives said they remained opposed to a Leveson law, "which would raise dangerous constitutional questions".The newspaper industry said it welcomed the "very constructive announcement" and hoped it could lead to a new regulator being set up swiftly. But representatives said they remained opposed to a Leveson law, "which would raise dangerous constitutional questions".
Paul Vickers, chair of the newspaper and magazine industry implementation group, said he continued to oppose payment of exemplary damages for breaches of privacy and regulator appointments "which appear to prevent anyone with knowledge or experience of the industry at senior level from being members".Paul Vickers, chair of the newspaper and magazine industry implementation group, said he continued to oppose payment of exemplary damages for breaches of privacy and regulator appointments "which appear to prevent anyone with knowledge or experience of the industry at senior level from being members".
Hacked Off, which represents victims of press intrusion, was the most critical. Gerry McCann, the father of Madeleine McCann, who has campaigned for greater press accountability, said: "Anything less that Leveson's full recommendations will never satisfy the victims of press abuse. This royal charter plan falls far short of Leveson and it is shocking that ministers are admitting they made a host of concessions to newspaper editors and proprietors. The Conservative party can't rewrite Leveson now. They must think again."Hacked Off, which represents victims of press intrusion, was the most critical. Gerry McCann, the father of Madeleine McCann, who has campaigned for greater press accountability, said: "Anything less that Leveson's full recommendations will never satisfy the victims of press abuse. This royal charter plan falls far short of Leveson and it is shocking that ministers are admitting they made a host of concessions to newspaper editors and proprietors. The Conservative party can't rewrite Leveson now. They must think again."
Downing Street will now be tested on whether it is willing to compromise.Downing Street will now be tested on whether it is willing to compromise.
Miller insisted: "The royal charter will allow the principles of Leveson to be implemented swiftly, in a practical fashion. It would see the toughest press regulation this country has ever seen, without compromising press freedom.Miller insisted: "The royal charter will allow the principles of Leveson to be implemented swiftly, in a practical fashion. It would see the toughest press regulation this country has ever seen, without compromising press freedom.
"I have grave concerns about a press bill and am not convinced it is necessary on grounds of principle, practicality or necessity.""I have grave concerns about a press bill and am not convinced it is necessary on grounds of principle, practicality or necessity."
Most controversy is likely to focus on the ease with which the verification body set up by royal charter, and responsible for overseeing press self-regulation, could be disbanded. The government contends that if the Privy Council wanted to alter the charter it would not have to get the approval of the leaders of the three main political parties, and that of each house.Most controversy is likely to focus on the ease with which the verification body set up by royal charter, and responsible for overseeing press self-regulation, could be disbanded. The government contends that if the Privy Council wanted to alter the charter it would not have to get the approval of the leaders of the three main political parties, and that of each house.
In her letter to Letwin, Harman challenged this saying: "The draft royal charter provides for amendment only to be with the agreement of all three party leaders and a resolution by both houses with a two-thirds majority. But the Privy Council cannot be bound by a royal charter – it is the Privy Council that is in control of royal charter bodies. "There is nothing to stop the Privy Council, which consists of ministers, from amending the charter at any time and thereby changing the terms of the recognition and regulatory framework.In her letter to Letwin, Harman challenged this saying: "The draft royal charter provides for amendment only to be with the agreement of all three party leaders and a resolution by both houses with a two-thirds majority. But the Privy Council cannot be bound by a royal charter – it is the Privy Council that is in control of royal charter bodies. "There is nothing to stop the Privy Council, which consists of ministers, from amending the charter at any time and thereby changing the terms of the recognition and regulatory framework.
"Ministers of their own volition, or under pressure from the press, could therefore interfere with the recognition panel – which is against Leveson's proposals. The [charter] would be open to interference by ministers and the press.""Ministers of their own volition, or under pressure from the press, could therefore interfere with the recognition panel – which is against Leveson's proposals. The [charter] would be open to interference by ministers and the press."
Harman pointed out that in the private talks Letwin had proposed clauses in statute preventing ministers from amending the royal charter through the Privy Council, and allowing changes only with the approval of a resolution in both Houses by two-thirds majority.Harman pointed out that in the private talks Letwin had proposed clauses in statute preventing ministers from amending the royal charter through the Privy Council, and allowing changes only with the approval of a resolution in both Houses by two-thirds majority.
She also said that the four-strong body responsible for overseeing the appointments to the self-regulatory body would not be totally independent of the press, as Leveson had recommended.She also said that the four-strong body responsible for overseeing the appointments to the self-regulatory body would not be totally independent of the press, as Leveson had recommended.
She also questioned why the criteria, by which the recognition body judges whether the self-regulation system is working effectively, had been substantially changed from the criteria set out by Leveson, such as with the free access given complainants to the regulator.She also questioned why the criteria, by which the recognition body judges whether the self-regulation system is working effectively, had been substantially changed from the criteria set out by Leveson, such as with the free access given complainants to the regulator.
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