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The bugger, bugged

After a chance meeting with a former News of the World executive who told him his phone had been hacked, Hugh Grant couldn’t resist going back to him – with a hidden tape recorder – to find out if there was more to the story. . .

When I broke down in my midlife crisis car in remotest Kent just before Christmas, a battered white van pulled up on the far carriageway. To help, I thought. But when the driver got out he started taking pictures with a long-lens camera. He came closer to get better shots and I swore at him. Then he offered me a lift the last few miles to my destination. I suspected his motives and swore at him some more. (I'm not entirely sympathetic towards paparazzi.) Then I realised I couldn't get a taxi and was late. So I had to accept the lift.

He turned out to be an ex-News of the World investigative journalist and paparazzo, now running a pub in Dover. He still kept his camera in the car's glove box for just this kind of happy accident.

More than that, he was Paul McMullan, one of two ex-NoW hacks who had blown the whistle (in the Guardian and on Channel 4's Dispatches) on the full extent of phone-hacking at the paper, particularly under its former editor Andy Coulson. This was interesting, as I had been a victim - a fact he confirmed as we drove along. He also had an unusual defence of the practice: that phone-hacking was a price you had to pay for living in a free society. I asked how that worked exactly, but we ran out of time, and next thing we had arrived and he was asking me if I would pose for a photo with him, "not for publication, just for the wall of the pub".

I agreed and the picture duly appeared in the Mail on Sunday that weekend with his creative version of the encounter. He had asked me to drop into his pub some time. So when, some months later, Jemima asked me to write a piece for this paper, it occurred to me it might be interesting to take him up on his invitation.

I wanted to hear more about phone-hacking and the whole business of tabloid journalism. It occurred to me just to interview him straight, as he has, after all, been a whistleblower. But then I thought I might possibly get more, and it might be more fun, if I secretly taped him, The bugger bugged, as it were. Here are some excerpts from our conversation.

Me So, how's the whistleblowing going?
Him I'm trying to get a book published. I sent it off to a publisher who immediately accepted it and then it got legal and they said, "This is never going to get published."
Me Why? Because it accuses too many people of crime?
Him Yes, as I said to the parliamentary commission, Coulson knew all about it and regularly ordered it . . . He [Coulson] rose quickly to the top; he wanted to cover his tracks all the time. So he wouldn't just write a story about a celeb who'd done something. He'd want to make sure they could never sue, so he wanted us to hear the celeb like you on tape saying, "Hello, darling, we had lovely sex last night." So that's on tape - OK, we've got that and so we can publish . . . Historically, the way it went was, in the early days of mobiles, we all had analogue mobiles and that was an absolute joy. You know, you just . . . sat outside Buckingham Palace with a £59 scanner you bought at Argos and get Prince Charles and everything he said.
Me Is that how the Squidgy tapes [of Diana's phone conversations] came out? Which was put down to radio hams, but was in fact . . .
Him Paps in the back of a van, yes . . . I mean, politicians were dropping like flies in the Nineties because it was so easy to get stuff on them. And, obviously, less easy to justify is celebrities. But yes.
Me And . . . it wasn't just the News of the World. It was , you know - the Mail?
Him Oh absolutely, yeah. When I went freelance in 2004 the biggest payers - you'd have thought it would be the NoW, but actually it was the Daily Mail. If I take a good picture, the first person I go to is - such as in your case - the Mail on Sunday. Did you see that story? The picture of you, breaking down . . . I ought to thank you for that. I got £3,000. Whooo!
Me But would they [the Mail] buy a phone-hacked story?
Him For about four or five years they've absolutely been cleaner than clean. And before that they weren't. They were as dirty as anyone . . . They had the most money.
Me So everyone knew? I mean, would Rebekah Wade have known all this stuff was going on?
Him Good question. You're not taping, are you?
Me [slightly shrill voice] No.
Him Well, yeah. Clearly she . . . took over the job of [a journalist] who had a scanner who was trying to sell it to members of his own department. But it wasn't a big crime. [NB: Rebekah Brooks has always denied any knowledge of phone-hacking. The current police investigation is into events that took place after her editorship of the News of the World.]
It started off as fun - you know, it wasn't against the law, so why wouldn't you? And it was only because the MPs who were fiddling their expenses and being generally corrupt kept getting caught so much they changed the law in 2001 to make it illegal to buy and sell a digital scanner. So all we were left with was - you know - finding a blag to get your mobile [records] out of someone at Vodafone. Or, when someone's got it, other people swap things for it.
Me So they all knew? Wade probably knew all about it all?
Him [...] Cameron must have known - that's the bigger scandal. He had to jump into bed with Murdoch as everyone had, starting with Thatcher in the Seventies . . . Tony Blair . . . [tape is hard to hear here] Maggie openly courted Murdoch, saying, you know, "Please support me." So when Cameron, when it came his turn to go to Murdoch via Rebekah Wade . . . Cameron went horse riding regularly with Rebekah. I know, because as well as doorstepping celebrities, I've also doorstepped my ex-boss by hiding in the bushes, waiting for her to come past with Cameron on a horse . . . before the election to show that - you know - Murdoch was backing Cameron.
Me What happened to that story?
Him The Guardian paid for me to do it and I stepped in it and missed them, basically. They'd gone past - not as good as having a picture.
Me Do you think Murdoch knew about phone-hacking?
Him Errr, possibly not. He's a funny bloke given that he owns the Sun and the Screws . . . quite puritanical. Sorry to talk about Divine Brown, but when that came out . . . Murdoch was furious: "What are you putting that on our front page for? You're bringing down the tone of our papers." [Indicating himself] That's what we do over here.
Me Well, it's also because it was his film I was about to come out in.
Him Oh. I see.
Me Yeah. It was a Fox film.
[A pause here while we chat to other customers, and then - ]
Him So anyway, let me finish my story.
Me Murdoch, yes . . .
Him So I was sent to do a feature on Moulin Rouge! at Cannes, which was a great send anyway. Basically my brief was to see who Nicole Kidman was shagging - what she was doing, poking through her bins and get some stuff on her. So Murdoch's paying her five million quid to big up the French and at the same time paying me £5.50 to fuck her up . . . So all hail the master. We're just pawns in his game. How perverse is that?
Me Wow. You reckon he never knew about it?
Him [pause] I don't even think he really worried himself too much about it.
Me What's his son called?
Him James. They're all mates together. They all go horse riding. You've got Jeremy Clarkson lives here [in Oxfordshire]. Cameron lives here, and Rebekah Wade is married to Brooks's son [the former racehorse trainer Charlie Brooks]. Cameron gets dressed up as the Stig to go to Clarkson's 50th birthday party [NB: it was actually to record a video message for the party]. Is that demeaning for a prime minister? It should be the other way round, shouldn't it? So basically, Cameron is very much in debt to Rebekah Wade for helping him not quite win the election . . . So that was my submission to parliament - that Cameron's either a liar or an idiot.
Me But don't you think that all these prime ministers deliberately try to get the police to drag their feet about investigating the whole [phone-hacking] thing because they don't want to upset Murdoch?
Him Yeah. There's that . . . You also work a lot with policemen as well . . . One of the early stories was [and here he names a much-loved TV actress in her sixties] used to be a street walker - whether or not she was, but that's the tip.
Me and Chum MLTVA?!
Me I can't believe it. Oh no!
Chum Really??
Him Yeah. Well, not now . . .
Chum Oh, it'd be so much better if it was now.
Him So I asked a copper to get his hands on the phone files, but because it's only a caution it's not there any more. So that's the tip . . . it's a policeman ringing up a tabloid reporter and asking him for ten grand because this girl had been cautioned right at the start of his career. And then I ask another policemen to go and check the records . . . So that's happening regularly. So the police don't particularly want to investigate.
Me But do you think they're going to have to now?
Him I mean - 20 per cent of the Met has taken backhanders from tabloid hacks. So why would they want to open up that can of worms? . . . And what's wrong with that, anyway? It doesn't hurt anyone particularly. I mean, it could hurt someone's career - but isn't that the dance with the devil you have to play?
Me Well, I suppose the fact that they're dragging their feet while investigating a mass of phone-hacking - which is a crime - some people would think is a bit depressing about the police.
Him But then - should it be a crime? I mean, scanning never used to be a crime. Why should it be? You're transmitting your thoughts and your voice over the airwaves. How can you not expect someone to just stick up an aerial and listen in?
Me So if someone was on a landline and you had a way of tapping in . . .
Him Much harder to do.
Me But if you could, would you think that was illegal? Do you think that should be illegal?
Him I'd have to say quite possibly, yeah. I'd say that should be illegal.
Me But a mobile phone - a digital phone . . . you'd say it'd be all right to tap that?
Him I'm not sure about that. So we went from a point where anyone could listen in to anything. Like you, me, journalists could listen in to corrupt politicians, and this is why we have a reasonably fair society and a not particularly corrupt or criminal prime minister, whereas other countries have Gaddafi. Do you think it's right the only person with a decent digital scanner these days is the government? Whereas 20 years ago we all had a go? Are you comfortable that the only people who can listen in to you now are - is it MI5 or MI6?
Me I'd rather no one listened in, to be honest. And I might not be alone there. You probably wouldn't want people listening to your conversations.
Him I'm not interesting enough for anyone to want to listen in.
Me Ah . . . I think that was one of the questions asked last week at one of the parliamentary committees. They asked Yates [John Yates, acting deputy commissioner of the Metropolitan Police] if it was true that he thought that the NoW had been hacking the phones of friends and family of those girls who were murdered . . . the Soham murder and the Milly girl [Milly Dowler].
Him Yeah. Yeah. It's more than likely. Yeah . . . It was quite routine. Yeah - friends and family is something that's not as easy to justify as the other things.
Me But celebrities you would justify because they're rich?
Him Yeah. I mean, if you don't like it, you've just got to get off the stage. It'll do wonders.
Me So I should have given up acting?
Him If you live off your image, you can't really complain about someone . . .
Me I live off my acting. Which is different to living off your image.
Him Yeah, but you're still presenting yourself to the public. And if the public didn't know you -
Me They don't give a shit. I got arrested with a hooker and they still came to my films. They don't give a fuck about your public image. They just care about whether you're in an entertaining film or not.
Him That's true . . . I have terrible difficulty with him [points to pap shot of Johnny Depp]. He's really difficult. You know, I was in Venice and he was a nightmare to do because he walks around looking like Michael Jackson. And the punchline was . . . after leading everyone a merry dance the film was shot on an open balcony - I mean, it was like - he was standing there in public.
Me And you don't see the difference between the two situations?
Chum He was actually working at this time? As opposed to having his own private time?
Him You can't hide all the time.
Me So you're saying, if you're Johnny Depp or me, you don't deserve to have a private life?
Him You make so much more money. You know, most people in Dover take home about £200 and struggle.
Me So how much do you think the families of the Milly and Soham girls make?
Him OK, so there are examples that are poor and you can't justify - and that's clearly one of them.
Me I tell you the thing I still don't get - if you think it was all right to do all that stuff, why blow the whistle on it?
Him Errm . . . Right. That's interesting. I actually blew the whistle when a friend of mine at the Guardian kept hassling me for an interview. I said, "Well if you put the name of the Castle [his pub] on the front page of the Guardian, I'll do anything you like." So that's how it started.
Me So, have you been leant on by the NoW, News International, since you blew the whistle?
Him No, they've kept their distance. I mean, there's people who have much better records - my records are non-existent. There are people who actually have tapes and transcripts they did for Andy Coulson.
Me And where are these tapes and transcripts? Do you think they've been destroyed?
Him No, I'm sure they're saving them till they retire.
Me So did you personally ever listen to my voice messages?
Him No, I didn't personally ever listen to your voice messages. I did quite a lot of stories on you, though. You were a very good earner at times.

Those are the highlights. As I drove home past the white cliffs, I thought it was interesting - apart from the fact that Paul hates people like me, and I hate people like him, we got on quite well. And, absurdly, I felt a bit guilty for recording him.

And he does have a very nice pub. The Castle Inn, Dover, for the record. There are rooms available, too. He asked me if I'd like to sample the honeymoon suite some time: "I can guarantee your privacy."

-- Listen to the audio now --

This article first appeared in the 11 April 2011 issue of the New Statesman, Jemima Khan guest edit

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The real impact of the legal aid cuts

How the cuts to legal aid have affected asylum-seekers, migrants and the lawyers who defend them.

 

One morning in January 2014, Gloria Jackson was returning from the supermarket with her groceries when she saw five policemen standing near the door of her home in London. When she tried to pass and go inside, the officers told her that she was under arrest. Jackson, a 57-year-old NHS psychiatric nurse who worked with dementia patients, was searched in the street as her neighbours looked on, locked in the back of a police van and driven away.

She was in shock and confused. Until that day, Jackson says, she was unaware that she did not have the correct immigration status to live and work in the UK. Born in the Caribbean, she arrived in England with her teenage son on a visitor’s visa in 1999 to stay with her mother and sisters, who are British citizens. Jackson says that when she saw the education opportunities in Britain, she decided to obtain a student visa to study nursing. On qualification, she applied for a work visa through a solicitor. Her son, Joseph, joined the navy, got British citizenship and fathered a son. Jackson did night shifts in residential nursing homes and hospitals and loved her work. Their life in the UK was turning out well.

In 2012, after she had been working in British hospitals for a decade, people at the nurse bank that employed her made inquiries about her immigration status for the first time. The Home Office told them that Jackson was entitled to work. It was only two years later, when the police arrested her, that she was informed that she did not have the right paperwork after all. Her solicitor had failed to apply for the correct visa. Charged with fraud, Jackson faced up to three years in prison.

When her criminal case went to trial, Jackson was able to prove that she had been unaware of her true immigration status and the jury acquitted her. But her troubles were far from over. Unable to work and facing removal from the UK, she remains in limbo, living in her elderly mother’s spare room in north London, while she fights to remain in Britain.

“My head is just bursting. I just want to move on with my life,” she tells me, staring at the living-room carpet. “But I am so glad I have Ana,” she adds, looking up. “Why didn’t I know her all those years ago?”

***

Ana Gonzalez is an immigration and asylum lawyer at Wilson Solicitors, a well-respected firm in a field where unscrupulous practitioners have been known to take advantage of migrants and refugees. It is her job to help some of the most vulnerable and often demonised people in the country to stay here when the system moves against them.

Her caseload is large and varied. On the same day as an appointment with Jackson, she saw a victim of domestic violence from the Caribbean, a Somali asylum-seeker and a Nigerian woman who was smuggled into Europe by sex traffickers.

“We can get upset, we can get stressed out – but never bored,” Gonzalez says at her office in Tottenham, north London, when I spend a few days shadowing her.

More than eight million people in Britain – 13 per cent of the population – were born abroad. Net migration to the UK is at near-record levels, with a peak of 330,000 in the year ending March 2015. This was three times the government target and nearly twice what it had been in 2013. But as demand for legal services for migrants increases, the public funding for representation has been slashed and the pool of firms taking on such work has shrunk. In 2009, England and Wales had the highest legal aid spend per capita in the world, administered by the Ministry of Justice’s Legal Services Commission (LSC). Then the Legal Aid, Sentencing and Punishment of Offenders Act came into force in April 2013, part of a plan to cut £350m a year from the £2bn annual bill. It replaced the LSC with the Legal Aid Agency, which is still part of the Ministry of Justice but makes independent decisions.

Under the act, many categories of criminal and civil cases no longer qualify for legal aid funding, including immigration cases involving clients who are not in detention, such as Jackson. Many who previously could
have claimed legal aid have been left unable to afford lawyers and have to represent themselves. Jackson would be in that situation, too, were it not for Joseph, now 30, who is paying her legal costs and joins his mother for the meeting at Gonzalez’s office.

Gonzalez is using Article 8 of the European Convention on Human Rights to argue that Jackson’s right to family life will be breached if she is forced to return to the Caribbean. Her entire family is in the UK – she has no one to go back to.

“Your case is very solid,” Gonzalez tells her. “It is very difficult at the moment for those without British children and British partners to get to stay in the UK if they haven’t been here for 20 years but you have your grandchild and your son. The ball is with the Home Office now. If they refuse you, which is likely, they will have to give you right of appeal and then we go before an immigration judge. I believe you will have a very good case in front of an immigration judge, because you are a very likeable person. You have no criminal convictions, you have given so much to this country and you would give more if you could.”

But Jackson looks defeated. She has been waiting for nearly six months to hear back from the Home Office. Gonzalez suggests that Jackson contact her MP to make inquiries that could speed things up.

“I don’t have an MP, because I don’t have a vote,” Jackson says.

“Even if you live on a bench, you have an MP. Everybody has got one.”

Gonzalez wants to find out if there is any new evidence she can submit to strengthen the case. “You’re living with your mum. What do you do for her? Shopping?”

“Actually, I’m her carer,” Jackson replies. “She had a shoulder replacement.”

“That strengthens your case so much more,” Gonzalez says, smiling. “It would be really good to get a letter from her doctor confirming that your mother has been relying on you for day-to-day support. If you were not there, the government would have to provide a social worker to come in.”

Jackson describes how much she misses her job. It’s the first time in her life that she has found herself sitting at home with nothing to do.

Gonzalez listens and then shakes her head. “They’re gagging for people like you in the NHS, with your work and experience,” she says.

***

Gonzalez is also a migrant. Born into a working-class family in a small town in Galicia, Spain, she studied employment law at a university near her home town. She came to London to improve her English in 1994, aged 22, working part-time as a waitress and office administrator. By chance, she started temping at the centre for Refugee and Migrant Justice (RMJ), which provided free legal advice and representation for vulnerable migrants and asylum-seekers. (The centre closed in 2010 after cash-flow problems caused by changes to the legal aid system.) Gonzalez loved the work at RMJ and was inspired to do a legal conversion course.

Since then, it has been an all-consuming vocation. In 2013 she found herself fighting Home Office removals for two of her clients on Christmas Day while her husband was stuffing the turkey. “I love my job dearly but it takes a lot out of you,” she says. “You don’t do this for the money. People talk about fat-cat lawyers – we’re very skinny here.” According to research by the Law Society, immigration and asylum solicitors earn £35,000 a year on average, compared to an average salary of £51,500 across the legal profession.

The legal aids cuts have prompted Wilson’s to take on work from ever more private clients seeking help with immigration matters. One of Gonzalez’s cases involved a wealthy British businessman based in east Asia whose fiancée’s visa ­application had been refused. Settlement visas are expensive: on top of the £956 application fee, applicants have to pay a £500 health surcharge, even if they never use the NHS, so they spend nearly £1,500 before they even see a solicitor. But the more money you have, the easier immigration ­becomes. If you can pay an extra £400, your application will be resolved on the day of your appointment. For £7,000, you get the Home Office’s “super premium service”: at a time and date of your convenience, a courier will collect your application documents and a staff member will then visit your home to obtain a signature, photograph and fingerprints. A decision is made within 24 hours.

Gonzalez accepts that the government wants to attract foreigners who can afford to invest. But many of her clients are women who first came in on visitors’ visas and perform jobs that are low-paid but essential to the UK, such as care-home workers and domestic cleaners. For them, official immigration can be almost unaffordable.

It has also become harder in recent years for asylum-seekers to obtain permission to stay in the UK – the cases that take up most of Gonzalez’s time. Although the number of asylum applications in the past few years has been far below the 2002 peak of 84,130, the government has been tightening the criteria for successful appeals. In 2014, there were 24,914 asylum applications. About 59 per cent were initially refused and of those cases that went to appeal 28 per cent were successful, against 40 per cent in 2010.

Asylum cases still qualify for legal aid, but at a reduced level. When Gonzalez first started at Wilson’s in 1999, solicitors were funded to attend asylum screening interviews. Now, they are funded to attend only if their client is a minor. She is used to having every legal aid expense quibbled over at the end of a case – not just her time, but also expenses incurred obtaining vital medical and psychological reports on her clients, even if the money has been pre-approved by the Legal Aid Agency. “Many really respectable firms have stopped doing legal aid and I entirely understand why,” Gonzalez says. “They make us fight for every single piece of funding and the bureaucracy involved is brutal.”

For each asylum case, solicitors are paid a fixed fee of £413. If their work costs exceed this, they won’t get paid more for it unless they incur expenses three times that sum. “It’s a ridiculous system,” says Gonzalez, whose costs can often be in the region of £600 to £700. “If the work has to be done, we just do it and we don’t get paid for the extra work. We can absorb that to a degree, because we’re a big firm, but that is something that we cannot keep on doing, because it’s not sustainable.”

***

Later that afternoon, Gonzalez has an appointment with Florence Abuku. She says that Abuku’s case is a “classic example of Home ­Office bad behaviour”. Originally from Benin City, the trafficking capital of Nigeria, Abuku, who is 30, was forced to work as a prostitute in Italy for two years before being sent to the UK in 2008. Her traffickers made her cash fraudulent benefit cheques here. She was caught and sentenced to 15 months in prison, before claiming ­asylum while in Yarl’s Wood Immigration Removal Centre. Granted leave to remain in 2010, Abuku has just been notified that her settlement application has been refused.

“This is a copy of your refusal,” Gonzalez says. “I’m going to go through it with you.”

Abuku leans forward to read the letter, her black curls falling across her face. Gonzalez explains that applicants in Abuku’s position should be given indefinite leave to remain after five years so long as they have no
criminal convictions. But when the Home Office carried out a criminal records check, it threw up the pre-asylum conviction for fraud, so her application has been rejected.

“This is a very weird decision,” Gonzalez tells her. “The courts already knew about that conviction when you won your case. Had it not been for the trafficking, you would not have committed the crime.”

Tears well up in Abuku’s eyes. “They [the traffickers] made me go and do this.”

“It is very low of the Home Office to throw this in your face all these years later,” the lawyer says. “But I honestly believe this is a mistake by somebody who didn’t know how to do their job. We’re going to challenge this and we’re going to reverse it. My plan is to write to the Home Office and threaten them with litigation, with judicial review.”

Abuku was suicidal at Yarl’s Wood and has been diagnosed with post-traumatic stress disorder. “I was beaten by bad boys at the side of the river in Perugia,” she tells me. “I would stand by the side of the road and they would throw eggs and stones.” She was raped. “Now this. The stress is too much for me.”

“This is just a setback,” Gonzalez says, gently. “It’s a blow but it is fixable.”

She is right. A few weeks later, news arrives that the Home Office is giving Florence the right to settlement after all.

Gonzalez’s frustration at Home Office bureaucracy, and the ministry’s mistakes when it comes to asylum in particular, is not unique. In 2013 Mark Stobbs, the Law Society’s then director of legal policy, said that the government would get better value out of the system, were it not for the “inefficiency, delay and culture of disbelief” at the Home Office. As a result of its obsession with numbers and targets, the department is determined to fight even the most promising cases, Gonzalez says. Her next client after Abuku is Amal Mohamed, a Somali asylum-seeker, whose case has cost the taxpayer well over £10,000 in legal aid. Now, after two and a half years of going back and forth between judges, they are back at stage one: the Home Office has agreed to look at Amal’s initial asylum application again.

The biggest barrier that Gonzalez’s clients face is stigma from the media. “They always report on the family on benefits in a £1m home in west London with five kids,” she says. “After 16 years of doing this work, I know those people are a minority.” She tells me about former clients of hers who have won their cases and received papers to stay: the main buyer at a big department store in central London, a lingerie designer with his own thriving company. “The tabloids never report on those people.”

Gloria Jackson, the NHS nurse, hopes that ultimately she, too, will be allowed to stay. A month after her meeting with Gonzalez, she heard that the Home Office had given her the right to appeal, so she will be going to the high court to appear in front of an immigration judge. She is still waiting for the court date. Given the huge backlog of cases, Gonzalez doesn’t expect the hearing to take place for another nine months at least.

The names of all of Ana Gonzalez’s clients have been changed to protect their identity

This article first appeared in the 10 March 2016 issue of the New Statesman, American Psycho