Monday 14th November 2011 should prove to have been an important day in the in the history of British Newsprint as Lord Leveson’s Inquiry opened at the Royal Courts of Justice in London.
I was pleasantly surprised by the scope of the part one Inquiry, by its tone and by information which was revealed by Counsel to the Inquiry. I also monitored the reactions of Sky and BBC News and later ITV, noting that earlier they had failed to immediately grasp the significance of the information that was revealed although they quickly caught up with headlines about the information replacing other issues which had previously been accorded priority.
The most important development for me was not that in addition to four News of the World staff commissioning the overwhelming majority of information requests from Mulcaire between 2001, earlier than previously reported and at a time when Mrs Brooks was the Editor 2001-2003 through the time when Mr Coulson was the Editor 2003-2007 until 2009, that is after the Goodman Trial and the departure of Coulson and the arrival of Colin Myler as Editor until its closure in 2011, or that in total 28 members of News of the World staff are recorded as having made requests and that requests were also made from the Sun and the Mirror, albeit the latter in one instance, BUT that the inquiry is going to cover ground which I had assumed would be restricted to its second function to investigations once the criminal investigations and any prosecutions came to a conclusion.
I had assumed the first part would have been restricted to the considering if the Press required a different form of regulation than at present and if the law both criminal and civil needed to be changed in terms of what can be undertaken in pursuance of investigations and the protection of personal privacy and data protection and in terms of civil law. I also understood that the first part would also consider the role of the Police and the printed News Media and the role of politicians, particularly those in Government with the printed News Media
For some unexplained reason I was surprised by Lord Leveson who came across to me as someone down to earth who has quickly understood the printed news media from the seminars and other background work undertaken, has a clear vision of the issues to be covered and the time table and most important of all has the kind of determination matched by his authority as a judge which suggests that he will make a bold attempt to meet the timetable, ensure that no one or information essential to the investigation finds a way of avoiding involvement and will not allow himself to be subjected to any pressures which failed to meet the tests openness and honesty required.
There were three examples during the day which contributed to my initial reaction and judgement. Counsel for the Telegraph newspapers had entered a written opening submission which he was not proposing to address. His Lordship wanted to make the point directly but then did so in the man’s absence that he had been quoted badly out of context. The legal representatives present for the Newspaper immediately undertook to communicate the point being made.
Another of the Counsel’s representing a Core participant intervened to say that on their monitor a notice had come up stating that the machine had been attacked by a Trojan virus and asking the user if they wished to receive further information, consign to a neutralizing safety or to disregard. Someone else then rose to say this had happened to them earlier and they had disregarded. His Lordship said he wanted an investigation and an explanation before the day ended.
The third event was the information that he would not accept the representation made on behalf of the Metropolitan Police about the ongoing police investigations covering allegations of corruption, the Mulcaire 11000 pages of records and associated information together with the inquiry into other forms of illegal intrusions. It appears that the police had made representations trying to narrow references at the Inquiry until their investigations had been completed. Lord Leveson said he had ruled against their requests although he would be mindful not to cover any matters which could adversely affect their ongoing role. It is also my understanding that although he has agreed to the Metropolitan Police being a core participant he has declined the request from the Association of Chief Police Officers
Moreover while he has allowed News International; The Metropolitan Police; Northern and Shell Network Ltd; Guardian News and Media Ltd; Associated Newspapers Ltd; Trinity Mirror; Telegraph Media Group; and the National Union of Journalists to each become a core participant that is eight groups, he has also granted similar status to over thirty victims and their families. He made the point in his opening remarks that all these would not be expected to attend throughout the hearings or together at the same time although a Marquee has been erected in the grounds of the Royal Courts which would become a second hearing chamber when it was required to accommodate. As was then revealed by the opening statement by Counsel to the Inquiry the opening emphasis therefore on establishing and nature the extent of the wrongdoing before working through what should be done about it.
In part he has taken his decision to restrict what can be described as Professional representation because of the time and cost factors. He also explained that the Assessors would not sit alongside him or be able to intervene directly in the hearings from that position, or need to attend every session and that consequently their input would be conducted in private but no less valuable as it had been the situation to date.
Counsel for the Inquiry Robert Jay QC was just as impressive, a professional par excellence as removed from popular conception of personality lawyer as is possible to have and which in TV and film dramas usually results in as much attention being given to the personality than to what he is saying. He spoke from his prepared brief for two and three quarter hours with one break of 15 minutes during the morning followed by an hour for lunch.
Counsel explained at some length that Inquiry into the culture, practices and ethics of the press is will operate in four modules. These are:
Module 1: The relationship between the press and the public and looks at phone-hacking and other potentially illegal behaviour.
Module 2: The relationships between the press and police and the extent to which that has operated in the public interest.
Module 3: The relationship between press and politicians
Module 4: Recommendations for a more effective policy and regulation that supports the integrity and freedom of the press while encouraging the highest ethical standards.
Having referred to his position regarding information which could be published and considered and following the introduction by Counsel for the Inquiry the only other individual to address proceedings was Counsel for the Metropolitan Police and again I found the position stated to be refreshing. More than once he emphasised the willingness of the Metropolitan Police to cooperate fully and with transparency.
In this preliminary note it is worth mentioning that SKY news showed the full day of hearing live while the BBC only covered Lord Leveson’s introduction and part of the opening statement from Counsel. This may explain why they appeared off the ball when the statement was made about the extent of involvement of News of the World staff in commissioning work from the Mr Mulcaire. They also did not give immediate attention to the news that evidence had been provided that Members of the House of Commons select committee investigating the subject had all been put under personal surveillance during one period until being told to stop by someone within the organisation. The Culture Committee is to consider what further action to take this morning and it was reported the Speaker of the House of Commons has been consulted.
It is also going to be quite a day with the former head of Border controls giving his side of the story to another Select Committee following the public criticism of his role by the Home Secretary.
I was pleasantly surprised by the scope of the part one Inquiry, by its tone and by information which was revealed by Counsel to the Inquiry. I also monitored the reactions of Sky and BBC News and later ITV, noting that earlier they had failed to immediately grasp the significance of the information that was revealed although they quickly caught up with headlines about the information replacing other issues which had previously been accorded priority.
The most important development for me was not that in addition to four News of the World staff commissioning the overwhelming majority of information requests from Mulcaire between 2001, earlier than previously reported and at a time when Mrs Brooks was the Editor 2001-2003 through the time when Mr Coulson was the Editor 2003-2007 until 2009, that is after the Goodman Trial and the departure of Coulson and the arrival of Colin Myler as Editor until its closure in 2011, or that in total 28 members of News of the World staff are recorded as having made requests and that requests were also made from the Sun and the Mirror, albeit the latter in one instance, BUT that the inquiry is going to cover ground which I had assumed would be restricted to its second function to investigations once the criminal investigations and any prosecutions came to a conclusion.
I had assumed the first part would have been restricted to the considering if the Press required a different form of regulation than at present and if the law both criminal and civil needed to be changed in terms of what can be undertaken in pursuance of investigations and the protection of personal privacy and data protection and in terms of civil law. I also understood that the first part would also consider the role of the Police and the printed News Media and the role of politicians, particularly those in Government with the printed News Media
For some unexplained reason I was surprised by Lord Leveson who came across to me as someone down to earth who has quickly understood the printed news media from the seminars and other background work undertaken, has a clear vision of the issues to be covered and the time table and most important of all has the kind of determination matched by his authority as a judge which suggests that he will make a bold attempt to meet the timetable, ensure that no one or information essential to the investigation finds a way of avoiding involvement and will not allow himself to be subjected to any pressures which failed to meet the tests openness and honesty required.
There were three examples during the day which contributed to my initial reaction and judgement. Counsel for the Telegraph newspapers had entered a written opening submission which he was not proposing to address. His Lordship wanted to make the point directly but then did so in the man’s absence that he had been quoted badly out of context. The legal representatives present for the Newspaper immediately undertook to communicate the point being made.
Another of the Counsel’s representing a Core participant intervened to say that on their monitor a notice had come up stating that the machine had been attacked by a Trojan virus and asking the user if they wished to receive further information, consign to a neutralizing safety or to disregard. Someone else then rose to say this had happened to them earlier and they had disregarded. His Lordship said he wanted an investigation and an explanation before the day ended.
The third event was the information that he would not accept the representation made on behalf of the Metropolitan Police about the ongoing police investigations covering allegations of corruption, the Mulcaire 11000 pages of records and associated information together with the inquiry into other forms of illegal intrusions. It appears that the police had made representations trying to narrow references at the Inquiry until their investigations had been completed. Lord Leveson said he had ruled against their requests although he would be mindful not to cover any matters which could adversely affect their ongoing role. It is also my understanding that although he has agreed to the Metropolitan Police being a core participant he has declined the request from the Association of Chief Police Officers
Moreover while he has allowed News International; The Metropolitan Police; Northern and Shell Network Ltd; Guardian News and Media Ltd; Associated Newspapers Ltd; Trinity Mirror; Telegraph Media Group; and the National Union of Journalists to each become a core participant that is eight groups, he has also granted similar status to over thirty victims and their families. He made the point in his opening remarks that all these would not be expected to attend throughout the hearings or together at the same time although a Marquee has been erected in the grounds of the Royal Courts which would become a second hearing chamber when it was required to accommodate. As was then revealed by the opening statement by Counsel to the Inquiry the opening emphasis therefore on establishing and nature the extent of the wrongdoing before working through what should be done about it.
In part he has taken his decision to restrict what can be described as Professional representation because of the time and cost factors. He also explained that the Assessors would not sit alongside him or be able to intervene directly in the hearings from that position, or need to attend every session and that consequently their input would be conducted in private but no less valuable as it had been the situation to date.
Counsel for the Inquiry Robert Jay QC was just as impressive, a professional par excellence as removed from popular conception of personality lawyer as is possible to have and which in TV and film dramas usually results in as much attention being given to the personality than to what he is saying. He spoke from his prepared brief for two and three quarter hours with one break of 15 minutes during the morning followed by an hour for lunch.
Counsel explained at some length that Inquiry into the culture, practices and ethics of the press is will operate in four modules. These are:
Module 1: The relationship between the press and the public and looks at phone-hacking and other potentially illegal behaviour.
Module 2: The relationships between the press and police and the extent to which that has operated in the public interest.
Module 3: The relationship between press and politicians
Module 4: Recommendations for a more effective policy and regulation that supports the integrity and freedom of the press while encouraging the highest ethical standards.
Having referred to his position regarding information which could be published and considered and following the introduction by Counsel for the Inquiry the only other individual to address proceedings was Counsel for the Metropolitan Police and again I found the position stated to be refreshing. More than once he emphasised the willingness of the Metropolitan Police to cooperate fully and with transparency.
In this preliminary note it is worth mentioning that SKY news showed the full day of hearing live while the BBC only covered Lord Leveson’s introduction and part of the opening statement from Counsel. This may explain why they appeared off the ball when the statement was made about the extent of involvement of News of the World staff in commissioning work from the Mr Mulcaire. They also did not give immediate attention to the news that evidence had been provided that Members of the House of Commons select committee investigating the subject had all been put under personal surveillance during one period until being told to stop by someone within the organisation. The Culture Committee is to consider what further action to take this morning and it was reported the Speaker of the House of Commons has been consulted.
It is also going to be quite a day with the former head of Border controls giving his side of the story to another Select Committee following the public criticism of his role by the Home Secretary.
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