A witch-hunt against the Sun?

Why those at the tabloid should be more concerned with News International than the police.

The Sun's Trevor Kavanagh has described the weekend's arrests of journalists and others as a "witch-hunt". Some, who should know better, are nodding along to this. It is, of course, nothing of the kind, as the sensible Brian Cathcart has calmly explained. However, what is actually happening is a serious matter for those at the Sun and perhaps elsewhere at News International.

But first, a few words about "witch-hunts". It is a phrase often invoked when someone is faced with the sort of sustained and deliberate scrutiny required to overcome obstructions and evasions. In the case of the Sun it is because police officers, operating under the law, have arrested suspects as part of their enquiries. Those suspects are entitled to due process and could well not be charged. They are entitled to the presumption of innocence until proven guilty. This is not a "witch-hunt". It is just the normal approach of the police to those suspected of crimes.

The Metropolitan Police are doing something that those who work for a powerful media entity do not like. Instead of the cosy relationship where editors routinely had lunches with senior police officers and their press advisers, and where various reporters allegedly saw nothing wrong in paying public officials for information, there is the short sharp shock of practical law-enforcement. Journalists have turned out not to be above the law: all those tabloid demands for "law and order" were not only for other people.

Nonetheless, there is something deeply uncomfortable about journalists being arrested by the police. But there was also something uncomfortable about members of parliament being taken to police stations. In the latter case, this rightly did not stop democratically elected politicians being arrested, charged, and then convicted for criminal offences over fraudulent expense claims. The enforcement of the Rule of Law in respect of parliamentarians did not mean the undermining of a liberal and democratic society, just as now holding the media to account will not mean either anarchy or repression. In both cases, the fearless and impartial enforcement of the law of the land is a sign of a healthy democracy, not an alarming symptom of political decline.

However, those at the Sun are right to be nervous. News International, through its Management and Standards Committee, is now being ruthless and commercial in dealing with the alleged wrongdoings of all its British titles. In doing so, News International is showing no more sentimental attachment to its reporters than it did thirty years ago to its print workers. It is akin to when a despot withdraws his favour from certain underlings: they are not "thrown to the wolves" but they suddenly are treated like any other subjects, and they then have to account for their actions when they thought they could get away with it.

No sensible person wants another newspaper to close. Indeed, the only people who seem to think closing down newspapers is a solution to the current problems appear to be the senior management of News International. The demand is for better journalism, not for no journalism. There is -- and was -- simply no need for vibrant, mass-market newspapers to use the "dark arts" of blagging or hacking, or to make corrupt payments to public officials. Wise-heads in the industry realise this, and there is likely to be a firm distinction between pre- and post-Leveson journalism.

But in the meantime, whilst it may well seem a good tactic to cry "witch-hunt", all that many can hear are the tabloids crying wolf.


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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Like it or hate it, it doesn't matter: Brexit is happening, and we've got to make a success of it

It's time to stop complaining and start campaigning, says Stella Creasy.

A shortage of Marmite, arguments over exporting jam and angry Belgians. And that’s just this month.  As the Canadian trade deal stalls, and the government decides which cottage industry its will pick next as saviour for the nation, the British people are still no clearer getting an answer to what Brexit actually means. And they are also no clearer as to how they can have a say in how that question is answered.

To date there have been three stages to Brexit. The first was ideological: an ever-rising euroscepticism, rooted in a feeling that the costs the compromises working with others require were not comparable to the benefits. It oozed out, almost unnoticed, from its dormant home deep in the Labour left and the Tory right, stoked by Ukip to devastating effect.

The second stage was the campaign of that referendum itself: a focus on immigration over-riding a wider debate about free trade, and underpinned by the tempting and vague claim that, in an unstable, unfair world, control could be taken back. With any deal dependent on the agreement of twenty eight other countries, it has already proved a hollow victory.

For the last few months, these consequences of these two stages have dominated discussion, generating heat, but not light about what happens next. Neither has anything helped to bring back together those who feel their lives are increasingly at the mercy of a political and economic elite and those who fear Britain is retreating from being a world leader to a back water.

Little wonder the analogy most commonly and easily reached for by commentators has been that of a divorce. They speculate our coming separation from our EU partners is going to be messy, combative and rancorous. Trash talk from some - including those in charge of negotiating -  further feeds this perception. That’s why it is time for all sides to push onto Brexit part three: the practical stage. How and when is it actually going to happen?

A more constructive framework to use than marriage is one of a changing business, rather than a changing relationship. Whatever the solid economic benefits of EU membership, the British people decided the social and democratic costs had become too great. So now we must adapt.

Brexit should be as much about innovating in what we make and create as it is about seeking to renew our trading deals with the world. New products must be sought alongside new markets. This doesn’t have to mean cutting corners or cutting jobs, but it does mean being prepared to learn new skills and invest in helping those in industries that are struggling to make this leap to move on. The UK has an incredible and varied set of services and products to offer the world, but will need to focus on what we do well and uniquely here to thrive. This is easier said than done, but can also offer hope. Specialising and skilling up also means we can resist those who want us to jettison hard-won environmental and social protections as an alternative. 

Most accept such a transition will take time. But what is contested is that it will require openness. However, handing the public a done deal - however well mediated - will do little to address the division within our country. Ensuring the best deal in a way that can garner the public support it needs to work requires strong feedback channels. That is why transparency about the government's plans for Brexit is so important. Of course, a balance needs to be struck with the need to protect negotiating positions, but scrutiny by parliament- and by extension the public- will be vital. With so many differing factors at stake and choices to be made, MPs have to be able and willing to bring their constituents into the discussion not just about what Brexit actually entails, but also what kind of country Britain will be during and after the result - and their role in making it happen. 

Those who want to claim the engagement of parliament and the public undermines the referendum result are still in stages one and two of this debate, looking for someone to blame for past injustices, not building a better future for all. Our Marmite may be safe for the moment, but Brexit can’t remain a love it or hate it phenomenon. It’s time for everyone to get practical.