Tabloids and the abuse of power

Why there should be a full judicial inquiry into phone hacking.

Anyone caught up in a significant news story from the advent of mobile telephones in the late 1990s to the arrest of Clive Goodman in 2006, and perhaps for some time afterwards, may well have had their phone messages hacked into by tabloid journalists or those working on their behalf. This is because the tabloids had the power to do this, and it is clear this power was widely abused

It would also appear that political pressure was applied to ensure that this activity was never properly investigated. For some unknown reason the Metropolitan Police narrowed and then closed down any competent investigation of this activity when it first came to light. Had the scandal not involved members of the Royal Household, there may have been no prosecutions at all. It is a curious thing - and not, in this instance, an unwelcome one - that the monarchy still has some practical use in public life. It is difficult to bully the Crown.

Power always tends to get abused, and those with absolute power will (logically) face no checks on their abuses. In the view of many people, the trade unions abused their power in the 1960s and 1970s. Others would say that the police have also long abused powers, especially in Northern Ireland in the 1970s, the inner cities and on picket lines in the 1980s, and in respect of public order and "anti-terrorism" matters since 9/11. And there are many other examples, from bankers to libel litigants. Those who have power - especially absolute power in a given situation - will tend to abuse it for the same reason dogs lick themselves: simply because they can.

And because any person can abuse power, there always needs to be checks. The partisan will want the checks only to be for the "other side". Indeed, one good test of partisanship is whether it is openly accepted "your side" can also abuse power, and that it is crucially important to deal with this. The genius of George Orwell and others is their candour that even progressive and well-meaning people need to be held accountable too, whatever the slogans or legitimising constituencies invoked.

There are those who believe the police can do no wrong, or that trade unions can never be faulted. There are even those who will contend that bankers are simply misunderstood. Often this selective blindness comes from some ideological fixation: "they protect the public", "they represent their members", or "the market cannot be bucked". For defenders of the tabloids it will be "freedom of the press" or "giving the public what they want". There is almost always some greater good which is supposedly being served when someone is abusing their power. It is rare, and somehow more frightening, when a figure like Orwell's O'Brien expressly abuses power for its own sake.

Bullying is when the abuse of power is accompanied - or even made possible - by fear. The fear then prevents checks being used, or created to begin with. This fear may be a selfish and personal one: what can the bully do to me? Or it may be a perfectly understandable fear of what would happen to others, whether it be one's family or one's fellow citizens.

What seems to have happened over the last week or two is that some of the fear of tabloids has gone from more politicans. That is good and refreshing, and it is certainly a start. We may have even tipped off that very point where others will now break cover. But such a welcome change of mood may not last, and it actually achieves nothing by itself. What needs to be looked at are effective checks so as to prevent abuses ever happening again.

There needs to be a full and independent judicial inquiry into the whole sordid and sorry mess of tabloid phone hacking, and this inquiry should be open with the evidence (as far as it can be) placed in the public domain. Witnesses should be on oath, and there should be the power to compel evidence. As long as it is managed carefully by a senior judge, there is no necessary reason why it cannot start before the end of any criminal proceedings. We should not have to wait nearly two years or so.

Abuses of power and bullying by any person will corrupt any liberal democracy. But there is an opportunity now to bring one form of bullying to an end, and to seek to prevent the privacy abuses of the tabloids recurring. So please do support the new campaign for a full judicial inquiry, and sign the petition here.

 

David Allen Green is legal correspondent of the New Statesman

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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Britain's diversity crisis starts with its writers. Here's why

What happens on the casting couch draws the headline, but the problem starts on the page, says James Graham. 

I’m a playwright and screenwriter, which – pertinent to the issues we’ll be discussing in this enquiry – still feels weird to say. I get embarrassed, still, saying that, in a taxi or hairdressers. I don’t know why I still carry that insecurity about saying I’m a writer, but I do, because it sounds like I’m lying, even in my own head.

Obviously I’m completely biased, and probably overstating the influence and importance of my own profession, but I think so many of the problems surrounding lack of representation in the performing arts start with writers.

If we aren’t encouraging and generating writers from certain communities, classes or backgrounds to tell their stories, to write those roles, then there’s not going to be a demand for actors from those communities to play them. For casting agents or drama schools to prioritise getting diverse actors on stage. We need to create those plays and TV dramas –like the ones that I grew up with. I didn’t have any access to much theatre until I was fifteen, but I did have Boys From the Black Stuff, and I did have Cracker, and I did have Band of Gold. I think the loss of those regional producing bodies – Central, Granada – now all completely centralised into London, means that we just tell less of those stories. I remember a TV show called Boon – anyone? – which was set in Nottingham, and I would see on the TV streets I’d walked down, and think, Oh my God, that actor is walking down a street I’ve walked down. That sounds like it’s insignificant. If you’re from a town that is deprived, that feels ignored, it isn’t.

I was very lucky that at my school (which was, at the time, the largest comprehensive school in the country), from the headmaster down to the drama teachers, everyone just believed that working class kids should do plays. Be in plays, read plays, perform plays to the community. Both inside the curriculum of the school day, and outside it – drama teachers dedicating their time to staying behind. Our head of drama identified a group of us who clearly had a passion for it. We weren’t likely thesps. One lad’s entire family were made unemployed when the pit closed. Many lived on the big council estate. My parents and step-parents worked respectively in warehouses, the local council, or as the local window cleaner (incidentally, my first real job. Which I was terrible at).

Our drama teacher was encouraged and determined enough to launch the first ever Drama A-Level in our school. Based on that, about 10 or 12 of us got the confidence – or arrogance – to take our own show to the Edinburgh Festival. We were 16 or 17, and the first people in our community to ever go to visit the festival. We did a play up there, and after that, a psychological unlocking happened, where I thought: maybe I could do a degree in drama (it was the first time I had ever thought to do so) at university (the first in my family to go. Well, joint-first. My twin sister went on the same day, but I walked into my digs first).

I enrolled in drama at Hull University. A high proportion of my peers were middle class. A higher proportion from London or the South East. They talked often about institutions I had never heard of. They were talking about the National Theatre: I didn’t know we had a national theatre that my parents had been paying tax for that I had never been to. Many had performed with the (again, apparently) ‘National’ Youth Theatre, also in London. Paul Roseby, also on this panel, has made such leaps forward in getting the NYT producing in regional venues, and making auditions possible for people across the UK, but unfortunately, at the time, that wasn’t the case for me – and I was the ideal candidate to be in the National Youth Theatre.

I started writing because I had the confidence after I read texts by people like Jim Cartwright, Alan Bennett, John Godber, Alan Ayckbourn: Northern writers, working class writers that made me think it wasn’t just something that other people do.

After returning home, and working at local theatres, I moved down to London. I had to. The major new writing producers are there. All the TV companies are there. The agents are there. I was lucky to find support in a pub fringe theatre – though the economics meant there was no money to commission, so I wrote plays for free for about four years, that would get produced, and reviewed in the national press, while I worked various jobs in the day and slept for a time on a mate's floor. The first person to ever pay to commission me to write a play was Paul Roseby of the National Youth Theatre. I’m now very lucky to be earning a living doing something I love. In a way, compared to actors, or directors, it’s easier for writers who don’t come from a background that can sustain them, financially, in those early years. Your hours can be more flexible. Yes, it was annoying to miss rehearsals because I had a shift in a call centre, but it was still possible to do it. If you’re an actor or director, you’re fully committed. And if you’re doing that for nothing, there starts to be cut-off point for those from backgrounds who can’t.

I’m sure that local and regional theatres are the key to drawing in talent from less privileged backgrounds. But the range of national arts journalism that cover work outside London has been so significantly reduced. In our little echo chamber a few weeks ago, we theatre types talked about Lyn Gardner at the Guardian. Her coverage has been cut, which is very directly going to affect her ability to cover theatre shows outside of London – and so the self-fulfilling cycle of artists leaving their communities to work exclusively in London takes another, inevitable, turn.

I am culpable in this cycle. I have never done a play at the Nottingham Playhouse, my local producing house growing up – why? Because I’ve never submitted one, because I know that it will get less national press attention. So I just open it in London instead. That’s terrible of me. And I should just bite the bullet and say it doesn’t matter about the attention it gets, I should just go and do a story for my community. And if I, and others, started doing that more, maybe they will come.

I also want to blame myself for not contributing back to the state schools that I come from. I really really enjoy going to do writing workshops with kids in schools, but I would say 90 per cent of those that I get invited to are private schools, or boarding schools, or in the South of England. Either because they’re the ones that ask me, because they’re the ones who come and see my shows in London and see me afterwards backstage, or because they have the confidence to email my agent, or they have the budget to pay for my train ticket. Either way, I should do more. It would have helped the younger me so much to meet a real person, from my background, doing what I wanted to do.

I don’t know how to facilitate that. I take inspiration from Act for Change, creating a grassroots organisation. I know that there is a wealth of industry professionals like me who would, if there was a joined-up structure in place that got us out there into less privileged communities, we would on a regular basis go to schools who don’t get to meet industry professionals and don’t unlock that cultural and psychological block that working class kids have that says, that is not for me, that is something that other people do, I would dedicate so much of my time to it. That’s just one idea of hopefully better ones from other people that might come out of this enquiry.

James Graham is a playwright and screenwriter. This piece is adapted from evidence given by James Graham at an inquiry, Acting Up – Breaking the Class Ceiling in the Performing Arts, looking into the problem of a lack of diversity and a class divide in acting in the UK, led by MPs Gloria De Piero and Tracy Brabin.