The real hacking scandal

Today's select committee hearing in perspective.

Earlier today, before the Select Committee for Culture, Media and Sport, four men sat and answered questions.

The men were former News International lawyers Tom Crone and Jon Chapman, the former News of the World editor Colin Myler, and the former News International Director of Human Resources, Daniel Cloke. The first to be questioned were Cloke and Chapman, and then it was Crone and Myler.

As one expected, this resulted in a complex exercise of providing answers and non-answers, of points made and points deliberately missed, and of convenient vagueness and suddenly useful precision. Certain things were remembered very well, and other things just not recalled at all. It seemed at times that the select committee hearing may have well taken place in a room full of mud and fog. And the blame was passed around like a parcel at a children's party.

But thanks to the gallant and persistent (and well-prepared) questioning of select committee members of all parties, a slightly clearer picture is now emerging of what the News of the World did in respect of the conviction of Clive Goodman in January 2007, and the events which then followed; even if the exact contributions of the four men questioned today remains to be fully established.

The dismissal of Goodman was not seemingly inevitable, even though News International appear to have been aware that he was intending to plead guilty. It seems Andy Coulson, the then editor of News of the World, wanted Goodman to stay on or be re-employed. This, of course, sits oddly with Coulson's later insistence that Goodman was a lone rogue in the newsroom.

It will take a day or two to fully digest what Crone and the others have now added to what was known at News International, and when, about the extent of phone hacking. In all this, what was or was not known by the hapless James Murdoch is perhaps a red herring: it is now clear that a significant number of senior News International executives and lawyers were well aware that Clive Goodman was not acting on a frolic of his own.

What is now coming apart is the cynical strategy adopted by News International in trying to close down the story about the criminality of their reporters; a strategy which presumably informed how News International dealt with Parliament, the Metropolitan Police, the Press Complaints Commission, the claimants in civil litigation, and so on.

In all of this, two points remain stark. First, there is still no good reason to suppose that phone hacking was confined to the News of the World. Indeed, the "Operation Motorman" exercise of the Information Commissioner's Office from 2003 to 2006 shows that the trade in unlawfully obtained information (other than phone hacking) was rife throughout Fleet Street. It was just that the clumsy hacking of the Royal Household telephones by Mulcaire and Goodman could not be ignored.

Second, there was a general failure of the British polity over the last ten years to address the casual criminal behaviour of tabloid journalists. One by one those entities charged with upholding the public interest failed to deal fully with the wrongful conduct at the time: the PCC and then Parliament seem to have been misled; and the police inexplicably narrowed its initial investigation before deciding to take no further action. With the exception of the Guardian, it was left to the civil claimant lawyers, and the New York Times, to expose the scale of the phone hacking scandal. Without these actors, there would not have been a select committee hearing today.

The hacking of mobile telephones, as with the other methods of illegally obtaining personal information, was, without doubt, common in the tabloid sector in the years leading up to 2006 (and perhaps beyond). It has now taken five years and the intervention of the Guardian, the New York Times, and the civil courts, for us to even have got this far in finding out whatever really happened regarding phone hacking. Without the initial intervention of the Royal Household none of this may have occurred. In the twenty-first century it surely should not be left to the Crown to play such a significant role.

This five year delay, and the inability of those who were supposed to protect us to actually do so in the years before, is the reason why the Leveson Inquiry should be as wider-ranging as possible.

Something went badly wrong and, worse still, we may never have even found out. That is the real scandal.

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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Metro mayors can help Labour return to government

Labour champions in the new city regions can help their party at the national level too.

2017 will mark the inaugural elections of directly-elected metro mayors across England. In all cases, these mayor and cabinet combined authorities are situated in Labour heartlands, and as such Labour should look confidently at winning the whole slate.

Beyond the good press winning again will generate, these offices provide an avenue for Labour to showcase good governance, and imperatively, provide vocal opposition to the constraints of local government by Tory cuts.

The introduction of the Mayor of London in 2000 has provided a blueprint for how the media can provide a platform for media-friendly leadership. It has also demonstrated the ease that the office allows for attribution of successes to that individual and party – or misappropriated in context of Boris Bikes and to a lesser extent the London Olympics.

While without the same extent of the powers of the sui generis mayor of the capital, the prospect of additional metro-mayors provide an opportunity for replicating these successes while providing experience for Labour big-hitters to develop themselves in government. This opportunity hasn’t gone unnoticed, and after Sadiq Khan’s victory in London has shown that the role can grow beyond the limitations – perceived or otherwise - of the Corbyn shadow cabinet while strengthening team Labour’s credibility by actually being in power.

Shadow Health Secretary and former leadership candidate Andy Burnham’s announcement last week for Greater Manchester was the first big hitter to make his intention known. The rising star of Luciana Berger, another member of Labour’s health team, is known to be considering a run in the Liverpool City Region. Could we also see them joined by the juggernaut of Liam Byrne in the West Midlands, or next-generation Catherine McKinnell in the North East?

If we can get a pantheon of champions elected across these city regions, to what extent can this have an influence on national elections? These new metro areas represent around 11.5 million people, rising to over 20 million if you include Sadiq’s Greater London. While no doubt that is an impressive audience that our Labour pantheon are able to demonstrate leadership to, there are limitations. 80 of the 94 existing Westminster seats who are covered under the jurisdiction of the new metro-mayors are already Labour seats. While imperative to solidify our current base for any potential further electoral decline, in order to maximise the impact that this team can have on Labour’s resurgence there needs to be visibility beyond residents.

The impact of business is one example where such influence can be extended. Andy Burnham for example has outlined his case to make Greater Manchester the creative capital of the UK. According to the ONS about 150,000 people commute into Greater Manchester, which is two constituency’s worth of people that can be directly influenced by the Mayor of Greater Manchester.

Despite these calculations and similar ones that can be made in other city-regions, the real opportunity with selecting the right Labour candidates is the media impact these champion mayors can make on the national debate. This projects the influence from the relatively-safe Labour regions across the country. This is particularly important to press the blame of any tightening of belts in local fiscal policy on the national Tory government’s cuts. We need individuals who have characteristics of cabinet-level experience, inspiring leadership, high profile campaigning experience and tough talking opposition credentials to support the national party leadership put the Tory’s on the narrative back foot.

That is not to say there are not fine local council leaders and technocrats who’s experience and governance experience at vital to Labour producing local successes. But the media don’t really care who number two is, and these individuals are best serving the national agenda for the party if they support A-listers who can shine a bright spotlight on our successes and Tory mismanagement.

If Jeremy Corbyn and the party are able to topple the Conservatives come next election, then all the better that we have a diverse team playing their part both on the front bench and in the pantheon of metro-mayors. If despite our best efforts Jeremy’s leadership falls short, then we will have experienced leaders in waiting who have been able to afford some distance from the front-bench, untainted and able to take the party’s plan B forward.