The bullies, bullied

News International is today the victim of events, not the master.

Yesterday was rather frantic for News International: Rebekah Brooks's email, Glenn Mulcaire's apology, and Ford pulling its advertising from the News of the World for the time being. Who knows what was happening away from the public view.

Today may well see further significant developments, perhaps even sackings or resignations. But in all this extraordinary activity it is useful to pause and think about how the current scandal came into being, and what it may indicate.

First, there is the question of timing. The news about Milly Dowler's phone being hacked came almost from nowhere. There was no objective event, such as an arrest or a charge, to explain why this story was published at this time.

As it has turned out, the Dowler revelation is just one of a number of alleged examples where the phones of those simply caught up in a news story have been hacked: victims, friends, and families. These were not members of the Royal Household, as were those in the first phase of revelations; nor were they the celebrities and media people who constituted the second phase of revelations.

These are ordinary people without any public profile other than the unfortunate events which were inflicted upon them.

And out of all these many cases, someone, somewhere chose the Milly Dowler story as the first one to now get into the public domain. The person that made that decision is a practical genius. That Milly Dowler's phone was hacked when she was missing was simply disgusting, and its disclosure was inevitably going to be newsworthy.

But why was that hacking disclosed now?

It may well be that it was sensible to wait to the end of the recent murder trial. It may be that this was the optimal week for disrupting the proposed full acquisition by News Corporation of BSkyB.

Whatever explains the timing, the choice of the Milly Dowler case as the first one of the "ordinary people" cases to lead on was made -- consciously or not -- during a perfect storm combining the renewed awareness of the awful facts of her disappearance and death with the commercial vulnerability of the Murdoch empire.

The second interesting feature of the developing scandal is the weakness of the News International response.

For a media organisation who deals with those engaged in reputation management on a daily basis, the reaction of News International was unimpressive. Yesterday's email from Rebekah Brooks was barely even literate, with "allegeds" and "allegations" inserted so as to render propositions and sentences almost meaningless. The unfortunate spokesperson put up for interviews on the evening news came across as evasive and hapless.

However, this flat-footedness should not be any surprise.

The tactic of News International at each phase of the scandal is to try and close the matter down by explaining away the available facts. Hence we have had the "lone rogue reporter" theory for the Royal Household hackings; and the dismissive "just media tittle-tattle" excuses for the celebrity hackings. That the hacking have now moved on to ordinary people caught up in events has exposed the limitations of previous narratives.

As it stands, News International clearly cannot decide whether to claim it has all the necessary facts (so that it can say that the problem has been dealt with) or that it has not got the necessary facts (so that it cannot comment on what it does not know).

And News International also seems not to know what to say or do about Glenn Mulcaire. On one hand, it is has been very convenient for Mulcaire to be caught by the confidentiality provisions of a settlement agreement, but such a settlement agreement only makes legal sense if he indeed had any employment claims against News International: that he was an employee.

Now, on the other hand, News International is now desperate to distance him as a "freelance inquiry agent". If that is correct, then the settlement agreement binding him to confidentiality would appear to be consistent with it being merely a useful device so as to prevent unwelcome disclosures. They cannot have it both ways.

The stories so far put out by News International are now unravelling. It is early to tell what actually did happen. But it is certain that the "lone rogue reporter" and "freelance inquiry agent" explanatory tactics may be of limited value, if they are of any value at all. However, it must be remembered: the "lone rogue reporter" excuse was the one which Murdoch, Coulson, and Brooks have wanted us -- and Parliament -- to believe all along.

Also for some time, politicians and other journalists have -- as has been pointed out repeatedly by Tom Watson MP -- been too scared to take on News International. But News International surely cannot bully its way out of this scandal as it is today. Whatever damage limitation exercise they mount in the coming hours, their intimidatory bluff has now been called. It is now News International that is having pressure applied upon it so as to force involuntary outcomes.

News International is currently the victim of events, not the master.

If Hugh Grant was able to show a bugger bugged, today we may be seeing what happens when a bully is bullied .

 

David Allen Green is legal correspondent of New Statesman and was shortlisted the George Orwell blogging prize in 2010.

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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Recess confidential: Labour's liquid party

Sniffing out the best stories from Westminster, including Showsec, soames, and Smith-side splits.

If you are celebrating in a brewery, don’t ask Labour to provide the drinks. Because of the party’s continuing failure to secure a security contractor for its Liverpool conference, it is still uncertain whether the gathering will take place at all. Since boycotting G4S, the usual supplier, over its links with Israeli prisons, Labour has struggled to find an alternative. Of the five firms approached, only one – Showsec – offered its services. But the company’s non-union-recognition policy is inhibiting an agreement. The GMB, the firm’s antagonist, has threatened to picket the conference if Showsec is awarded the contract. In lieu of a breakthrough, sources suggest two alternatives: the police (at a cost of £59.65 per constable per hour), or the suspension of the G4S boycott. “We’ll soon find out which the Corbynites dislike the least,” an MP jested. Another feared that the Tories’ attack lines will write themselves: “How can Labour be trusted with national security if it can’t organise its own?”

Farewell, then, to Respect. The left-wing party founded in 2004 and joined by George Galloway after his expulsion from Labour has officially deregistered itself.

“We support Corbyn’s Labour Party,” the former MP explained, urging his 522,000 Facebook followers to sign up. “The Labour Party does not belong to one man,” replied Jess Phillips MP, who also pointed out in the same tweet that Respect had “massively failed”. Galloway, who won 1.4 per cent of the vote in this year’s London mayoral election, insists that he is not seeking to return to Labour. But he would surely be welcomed by Jeremy Corbyn’s director of communications, Seumas Milne, whom he once described as his “closest friend”. “We have spoken almost daily for 30 years,” Galloway boasted.

After Young Labour’s national committee voted to endorse Corbyn, its members were aggrieved to learn that they would not be permitted to promote his candidacy unless Owen Smith was given equal treatment. The leader’s supporters curse more “dirty tricks” from the Smith-sympathetic party machine.

Word reaches your mole of a Smith-side split between the ex-shadow cabinet ministers Lisa Nandy and Lucy Powell. The former is said to be encouraging the challenger’s left-wing platform, while the latter believes that he should make a more centrist pitch. If, as expected, Smith is beaten by Corbyn, it’s not only the divisions between the leader and his opponents that will be worth watching.

Nicholas Soames, the Tory grandee, has been slimming down – so much so, that he was congratulated by Tom Watson, Labour’s deputy leader, on his weight loss. “Soon I’ll be able to give you my old suits!” Soames told the similarly rotund Watson. 

Kevin Maguire is away

I'm a mole, innit.

This article first appeared in the 25 August 2016 issue of the New Statesman, Cameron: the legacy of a loser