Scottish Daily Mail

May vows to defend freedom of the Press

- By Katherine Rushton and Daniel Martin

THERESA May has vowed to overturn a House of Lords vote for tighter media controls, warning that it would ‘undermine high-quality journalism’.

The Prime Minister spoke out after unelected peers voted for a series of amendments which would muzzle the ability of the Press to investigat­e corruption and other scandals.

‘The impact of this vote would undermine high-quality journalism and a free Press,’ Mrs May said.

‘I think it would particular­ly have a negative impact on local newspapers, which are an important part of our democracy. I believe passionLor­ds ately in a free Press. We want to have a free Press that is able to hold politician­s and others to account and we will certainly be looking to overturn this vote in the House of Commons.’

On Wednesday peers voted for a draconian law which would force the majority of newspapers to pay all the legal costs in data protection cases – even those they won.

The new law is closely modelled on Section 40 of the Crime and Courts Act which Mrs May had pledged to scrap in her election manifesto.

The Lords also voted for a new inquiry which would be fashioned after Leveson 2, the second part of the Leveson inquiry, with the key difference it would scrap the parts that put the police and politician­s under the spotlight and focus on the Press. But the Tories could overturn the vote using the so-called Salisbury Convention, which stops the Upper House from blocking legislatio­n that delivers the governing party’s manifesto promises. The Tories gave manifesto pledges to scrap Leveson 2 and Section 40.

There is some debate about whether or not the Salisbury Convention applies where the Government has not won an outright majority. But ministers and other Tory MPs are understood to believe the convention applies in the case of the House of Lords amendments.

Yesterday, former Culture Secretary John Whittingda­le said peers had launched a ‘deliberate attack on freedom of expression in Britain’.

He added: ‘Their vote flies in the face of the manifesto. I am pleased that the Government has made quite clear its intention to reverse this in the House of Commons.’

Tory MP Andrew Percy said: ‘The idea of an unelected chamber seeking to enforce its will on a free Press, without any such support from the elected House of Commons, is an affront to our democracy and to centuries of a free Press.’

Senior Tory backbenche­r Jacob Rees-Mogg called on Mrs May to create more Conservati­ve peers if the Lords refuse to back down.

‘The House of Lords is wrong to override any manifesto commitment as it sets the peers against the people,’ he said.

‘Its hostility to a free Press is particular­ly troubling as it ought to protect our ancient liberties. What can the peers have to hide?’

‘An affront to our democracy’

OUR democracy rests on sacred pillars. One is that our laws are made by representa­tives chosen in fair and free elections. Another is a free and unfettered Press.

This week in the House of Lords, unelected and unaccounta­ble peers swung a vindictive axe at both.

On Wednesday evening, they hijacked the Data Protection Bill to pass – by very narrow margins – two amendments which would severely undermine Press freedom.

The first would force ministers to launch another long and hugely expensive inquiry into Britain’s newspapers, for which there is no discernibl­e public appetite.

The Press would face further scrutiny from an inquiry into phone hacking allegation­s which have already been dealt with – at a cost of £43.5million – by the courts.

But the real purpose of ‘Leveson 2’ – to investigat­e the links between newspaper groups and the police and politician­s who failed to investigat­e phone hacking – is convenient­ly and cynically ignored.

The second, and even more vindictive, amendment would tip the scales of justice against newspapers defending themselves against legal claims, by forcing them to pay the legal costs of both sides even if their reporting is accurate.

For local papers which do not have the financial resources to go to law, it would sound the death knell for investigat­ions into crooks, con artists and corrupt officials.

Rightly, it has been compared to telling a householde­r whose neighbour has thrown a brick through his window that he must pay for the cost of the brick.

What’s worse is that the Lords are acting in defiance of democracy and constituti­onal precedent. Before last year’s election, the Conservati­ve Party made clear its opposition to both measures.

But peers claim the Salisbury Convention – which states the Lords should not overturn a manifesto commitment – does not apply.

The battle will now move to the Commons. If MPs do not secure a reversal, they will have dealt a hammer blow both to Press freedom and to the vital principle that they deliver on the promises made to the electorate.

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