Less transparent than a papal election

The government's secret political manoeuvres to create an alternative to Leveson undermine any claims they might have had to upholding the "Leveson principles".

Less than two hours after the Leveson report was published – just over 24 hours after he gained first sight of it – the Prime Minister rejected the report's central recommendation. But, in his same Parliamentary statement, he committed to creating a new, independent system of press self-regulation that adhered to the Leveson principles.

Having rejected the first he is now failing on the second.

Central to Leveson's criticisms of previous self-regulatory systems was the way in which they were set up. Each time, Leveson said, the industry focused on its own needs and not those of the public. Each time the result was a system that served the industry well but failed the public. Any new system, Leveson makes clear, should be set up in consultation with, and with the direct involvement of, the public - including the victims of press abuse.

This did not happen with the plan submitted by the industry to the Leveson Inquiry – the so-called "Hunt/Black" plan. The judge said he found it remarkable that, even after all the revelations about phone hacking and press abuse, Lords Hunt and Black could develop a proposal without involving victims, civil society groups or working journalists.

Leveson writes:

I find it extraordinary that, given the acceptance by Lord Black and the newspaper industry that the current system of press regulation has lost public confidence, they did not regard public views on the matter as of sufficient interest or importance to make any effort to ascertain them. I find it more extraordinary that, having had its attention drawn to this point by the Inquiry, there is still no sign of the industry making any effort to understand public expectations in relation to press standards. This lack of interest in the views of the public may be symptomatic of the approach that the press has consistently taken towards regulation over many decades. It demonstrates the extent to which the press continue to prioritise their own interests, with consideration of the wider public interest only in as much as it applies to the importance of protecting the freedom of the press, and only then to the extent that they can appoint themselves the arbiter of it.

As a result, the industry's plan, like so many others before it, was biased against the public, and against the victims of press abuse. "It is important to note," the judge writes on page 1622, "that the proposal put forward by Lord Black gives no rights of any sort to members of the public". This is why, he says, so many previous systems have failed and why the new one must be built differently. "I have said, many times," he continues, "that any new regulatory system must work for the public and for a system to work for the public it should have the rights and interests of the public at its heart." The proposal put forward by the industry "manifestly fails that test."

If there was ever a "Leveson principle", this is it. A new system of independent self-regulation cannot be credible if it is not developed with the public at its heart, and done in an open, transparent and accountable way.

Yet this is the opposite of what is happening. A new system is being developed, at great speed, by senior government ministers and officials, and by newspaper editors and senior executives, entirely behind closed doors. Senior government figures are, we are told, devising an alternative to Leveson based on "Royal Charter", a use of Royal prerogative created almost a millennium ago and used mainly in the medieval and early modern period.

A more opaque, Byzantine solution to the problem Leveson was seeking to address would be difficult to invent. A less democratic, open and transparent vehicle is hard to conceive.

At the same time a group of editors and senior executives are meeting, it is reported, on an almost daily basis to thrash out a new system of self-regulation that is "Leveson-compliant". We do not know how they define Leveson-compliant, or even who is meeting or when since the process is shrouded in darkness.

At no stage in the last three weeks have either the editors or the government sought to make the process open or sought to include the victims, civil society groups, or working journalists.

To devise a solution in such an occluded and secretive manner contradicts the first Levesonian principle. If it does not change it will be the second betrayal of the public and victims in almost as many weeks.

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Ken Livingstone says publicly what many are saying privately: tomorrow belongs to John McDonnell

The Shadow Chancellor has emerged as a frontrunner should another Labour leadership election happen. 

“It would be John.” Ken Livingstone, one of Jeremy Corbyn’s most vocal allies in the media, has said publicly what many are saying privately: if something does happen to Corbyn, or should he choose to step down, place your bets on John McDonnell. Livingstone, speaking to Russia Today, said that if Corbyn were "pushed under a bus", John McDonnell, the shadow chancellor, would be the preferred candidate to replace him.

Even among the Labour leader’s allies, speculation is rife as to if the Islington North MP will lead the party into the 2020 election. Corbyn would be 71 in 2020 – the oldest candidate for Prime Minister since Clement Attlee lost the 1955 election aged 72.

While Corbyn is said to be enjoying the role at present, he still resents the intrusion of much of the press and dislikes many of the duties of the party leader. McDonnell, however, has impressed even some critics with his increasingly polished TV performances and has wowed a few sceptical donors. One big donor, who was thinking of pulling their money, confided that a one-on-one chat with the shadow chancellor had left them feeling much happier than a similar chat with Ed Miliband.

The issue of the succession is widely discussed on the left. For many, having waited decades to achieve a position of power, pinning their hopes on the health of one man would be unforgivably foolish. One historically-minded trade union official points out that Hugh Gaitskell, at 56, and John Smith, at 55, were 10 and 11 years younger than Corbyn when they died. In 1994, the right was ready and had two natural successors in the shape of Tony Blair and Gordon Brown in place. In 1963, the right was unprepared and lost the leadership to Harold Wilson, from the party's centre. "If something happens, or he just decides to call it a day, [we have to make sure] it will be '94 not '63," they observed.

While McDonnell is just two years younger than Corbyn, his closest ally in politics and a close personal friend, he is seen by some as considerably more vigorous. His increasingly frequent outings on television have seen him emerge as one of the most adept media performers from the Labour left, and he has won internal plaudits for his recent tussles with George Osborne over the tax bill.

The left’s hopes of securing a non-Corbyn candidate on the ballot have been boosted in recent weeks. The parliamentary Labour party’s successful attempt to boot Steve Rotheram off the party’s ruling NEC, while superficially a victory for the party’s Corbynsceptics, revealed that the numbers are still there for a candidate of the left to make the ballot. 30 MPs voted to keep Rotheram in place, with many MPs from the left of the party, including McDonnell, Corbyn, Diane Abbott and John Trickett, abstaining.

The ballot threshold has risen due to a little-noticed rule change, agreed over the summer, to give members of the European Parliament equal rights with members of the Westminster Parliament. However, Labour’s MEPs are more leftwing, on the whole, than the party in Westminster . In addition, party members vote on the order that Labour MEPs appear on the party list, increasing (or decreasing) their chances of being re-elected, making them more likely to be susceptible to an organised campaign to secure a place for a leftwinger on the ballot.

That makes it – in the views of many key players – incredibly likely that the necessary 51 nominations to secure a place on the ballot are well within reach for the left, particularly if by-election selections in Ogmore, where the sitting MP, is standing down to run for the Welsh Assembly, and Sheffield Brightside, where Harry Harpham has died, return candidates from the party’s left.

McDonnell’s rivals on the left of the party are believed to have fallen short for one reason or another. Clive Lewis, who many party activists believe could provide Corbynism without the historical baggage of the man himself, is unlikely to be able to secure the nominations necessary to make the ballot.

Any left candidate’s route to the ballot paper runs through the 2015 intake, who are on the whole more leftwing than their predecessors. But Lewis has alienated many of his potential allies, with his antics in the 2015 intake’s WhatsApp group a sore point for many. “He has brought too much politics into it,” complained one MP who is also on the left of the party. (The group is usually used for blowing off steam and arranging social events.)

Lisa Nandy, who is from the soft left rather than the left of the party, is widely believed to be in the running also, despite her ruling out any leadership ambitions in a recent interview with the New Statesman.However, she would represent a break from the Corbynite approach, albeit a more leftwing one than Dan Jarvis or Hilary Benn.

Local party chairs in no doubt that the shadow chancellor is profiling should another leadership election arise. One constituency chair noted to the New Statesman that: “you could tell who was going for it [last time], because they were desperate to speak [at events]”. Tom Watson, Caroline Flint, Chuka Umunna, Yvette Cooper, Andy Burnham and Liz Kendall all visited local parties across the country in preparation for their election bids in 2015.

Now, speaking to local party activists, four names are mentioned more than any other: Dan Jarvis, currently on the backbenches, but in whom the hopes – and the donations – of many who are disillusioned by the current leadership are invested, Gloria De Piero, who is touring the country as part of the party’s voter registration drive, her close ally Jon Ashworth, and John McDonnell.

Another close ally of Corbyn and McDonnell, who worked closely on the leadership election, is in no doubt that the shadow chancellor is gearing up for a run should the need arise.  “You remember when that nice Mr Watson went touring the country? Well, pay attention to John’s movements.”

As for his chances of success, McDonnell may well be even more popular among members than Corbyn himself. He is regularly at or near the top of LabourList's shadow cabinet rankings, and is frequently praised by members. Should he be able to secure the nominations to get on the ballot, an even bigger victory than that secured by Corbyn in September is not out of the question.

Stephen Bush is editor of the Staggers, the New Statesman’s political blog. He usually writes about politics.