Paul McMullan and the denial of privacy

Why privacy is not just for "paedos".

The evidence of former News of the World journalist Paul McMullan to the Leveson inquiry was extraordinary and attention-grabbing. One almost wanted, following Blade Runner, for the barrister to ask McMullan what he would do if he saw a tortoise upside down in the sun. In the words of Graham Linehan on Twitter, it was as if McMullan was of another species.

What caused this response to his appearance and his evidence? It was perhaps the casual inhumanity and lack of any ethical concern. The only moment when McMullan showed any genuine disdain was when he dismissed his former editors as "scum" for what they did against him personally. But other than this flicker of defiance, his evidence was dark, depressing, and disconcerting.

And it was revealing. It gave the impression of a tabloid journalist simply thinking aloud, without any of the usual excuses, evasions, and euphemisms. The evidence was simply raw. It may well be that some of the evidence is unreliable, and it could also be that McMullan is not representative of tabloid journalism, but anyone who saw his stumbling and wince-inducing performance will probably never forget it.

At one point McMullan flatly rejected the general right of "privacy". It was a space, he contended, only for bad people to do bad things. Privacy, he assured the inquiry, was just for "paedos". Indeed, privacy was "evil".

Of course, McMullan cannot really believe this. Presumably the "toilet suite" he mentioned he wants for his Dover pub will come with cubicles fitted with doors and locks. One would hope he would not be a pub landlord who insists that all his customers defecate in an open room, at the risk of being denounced to the other customers as a child abuser.

In fact, everyone needs a private space to do certain things, even McMullan. Privacy is not an evil; it instead provides the sense of autonomy and dignity which is essential for any human being in a civilized society. There are questions as to how this basic human need for privacy is translated into effective legal remedies and how it is accorded respect by the tabloid media. There is also the difficult issue as to how privacy is balanced with publication of information in the public interest. But this does not mean that a person should not have a private space at all.

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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Donald Tusk is merely calling out Tory hypocrisy on Brexit

And the President of the European Council has the upper hand. 

The pair of numbers that have driven the discussion about our future relationship with the EU since the referendum have been 48 to 52. 

"The majority have spoken", cry the Leavers. "It’s time to tell the EU what we want and get out." However, even as they push for triggering the process early next year, the President of the European Council Donald Tusk’s reply to a letter from Tory MPs, where he blamed British voters for the uncertain futures of expats, is a long overdue reminder that another pair of numbers will, from now on, dominate proceedings.

27 to 1.

For all the media speculation around Brexit in the past few months, over what kind of deal the government will decide to be seek from any future relationship, it is incredible just how little time and thought has been given to the fact that once Article 50 is triggered, we will effectively be negotiating with 27 other partners, not just one.

Of course some countries hold more sway than others, due to their relative economic strength and population, but one of the great equalising achievements of the EU is that all of its member states have a voice. We need look no further than the last minute objections from just one federal entity within Belgium last month over CETA, the huge EU-Canada trade deal, to be reminded how difficult and important it is to build consensus.

Yet the Tories are failing spectacularly to understand this.

During his short trip to Strasbourg last week, David Davis at best ignored, and at worse angered, many of the people he will have to get on-side to secure a deal. Although he did meet Michel Barnier, the senior negotiator for the European Commission, and Guy Verhofstadt, the European Parliament’s representative at the future talks, he did not meet any representatives from the key Socialist Group in the European Parliament, nor the Parliament’s President, nor the Chair of its Constitutional Committee which will advise the Parliament on whether to ratify any future Brexit deal.

In parallel, Boris Johnson, to nobody’s surprise any more, continues to blunder from one debacle to the next, the most recent of which was to insult the Italians with glib remarks about prosecco sales.

On his side, Liam Fox caused astonishment by claiming that the EU would have to pay compensation to third countries across the world with which it has trade deals, to compensate them for Britain no longer being part of the EU with which they had signed their agreements!

And now, Theresa May has been embarrassingly rebuffed in her clumsy attempt to strike an early deal directly with Angela Merkel over the future residential status of EU citizens living and working in Britain and UK citizens in Europe. 

When May was campaigning to be Conservative party leader and thus PM, to appeal to the anti-european Tories, she argued that the future status of EU citizens would have to be part of the ongoing negotiations with the EU. Why then, four months later, are Tory MPs so quick to complain and call foul when Merkel and Tusk take the same position as May held in July? 

Because Theresa May has reversed her position. Our EU partners’ position remains the same - no negotiations before Article 50 is triggered and Britain sets out its stall. Merkel has said she can’t and won’t strike a pre-emptive deal.  In any case, she cannot make agreements on behalf of France,Netherlands and Austria, all of who have their own imminent elections to consider, let alone any other EU member. 

The hypocrisy of Tory MPs calling on the European Commission and national governments to end "the anxiety and uncertainty for UK and EU citizens living in one another's territories", while at the same time having caused and fuelled that same anxiety and uncertainty, has been called out by Tusk. 

With such an astounding level of Tory hypocrisy, incompetence and inconsistency, is it any wonder that our future negotiating partners are rapidly losing any residual goodwill towards the UK?

It is beholden on Theresa May’s government to start showing some awareness of the scale of the enormous task ahead, if the UK is to have any hope of striking a Brexit deal that is anything less than disastrous for Britain. The way they are handling this relatively simple issue does not augur well for the far more complex issues, involving difficult choices for Britain, that are looming on the horizon.

Richard Corbett is the Labour MEP for Yorkshire & Humber.