16-March 2003
Prof Robert Pinker
Acting Chairman
Press Complaints Commission
1 Salisbury Square
London EC4Y 8AE
cc Rt Hon Gerald Kaufman MP, Frank Doran MP, John Thurso MP , Rosemary McKenna MP, Alan Keen MP, Derek Wyatt MP, Debra Shipley MP, Chris Bryant MP, Julie Kirkbride MP, Michael Fabricant MP, Adrian Flook MP, Presswise
Dear Professor Pinker,
The payment of money to police for information
On 11 March 2003, the editor of the Sun newspaper, Rebekah Wade, admitted before the Culture, Media and Sport Commons Select Committee that while she had been an editor with News International she had paid police officers for information. The information was given in answer to a direct question from the Labour MP, Chris Bryant. I enclose a Daily Telegraph report dated 14 March 2003 which contains details of Miss Wade’s admission. I was there in person when she made the admission.
By paying police officers for information, not only does the police officer commit a criminal offence under the Public Bodies Corruption Act 1889 (as amended by the Prevention of Corruption Act of 1916) in receiving the money or other material inducement, so does the person paying the bribe. Anyone of normal intelligence will realise that bribing police officers is illegal.
In addition, all police officers sign the Official Secrets Act (OSA). They commit a criminal act by supplying information covered by the OSA. Any information relating to police work will be covered. Similarly, a person receiving information where they know the supplier is in breach of the OSA by supplying it commits an offence by receiving the information. Both formal training courses for journalists and the various books designed to instruct journalists in the relevant areas of the law cover the OSA’s implications for journalists. Journalists will consequently know that police officers have signed the OSA and be aware of the implications for themselves of receiving information from police officers. Even if no money changes hands, the journalist still breaks the law if he knows he is receiving information from someone who has signed the OSA.
The PCC’s Code of Practice states in its preamble that “All members of the press have a duty to maintain the highest professional and ethical standards…” Clearly bribing police officers and receiving illicit information from them does not come under the heading of “the highest professional and ethical standards…” No public interest defence is contained within the Code for this general duty.
The PCC Code article 7.1 states Journalists should not generally obtain or seek to obtain information or pictures through misrepresentation or subterfuge.” Clearly the bribing of police officers comes under the heading of subterfuge. There is a public interest defence to the use of subterfuge, but clearly corrupting police officers and committing serious criminal offences can never come under that heading.
The PCC Code article 9 states “Payment or offers of payment for articles, pictures or information should not be made directly or through agents to witnesses or potential witnesses in current or criminal proceedings or to people engaged in crimeor their associates– which includes family, friends, neighbours and colleagues — except where the material concerned ought to be published in the public interest and the payment is necessary for this to be done.”
Clearly, any police officer is likely to be a potential witness if he or she has access to readily saleable confidential material, because otherwise they would not have easy access to it. That applies particularly to documents or computer files. Hence, the public interest is unlikely to be served by accepting any information from a police officer because the chances are that it will compromise a criminal investigation.
I ask you to investigate Miss Wade’s admission of criminal behaviour under the various heads described above, namely, the general ethical imperative and articles 7 and 9.
I also enclose a letter from the Mirror editor Piers Morgan to the PCC dated 16 Oct 1997. This contains an admission of the Mirror receiving information illegitimately from the police. The PCC has previously refused to investigate this admission. I ask you to do so now. Doubtless, you will be happy to supply me with an explanation for the original refusal which I can pass onto the select committee.
In view of the Culture, Media Select Committee’s interest, I am sure that you will wish to begin a most thorough investigation immediately and to give the matter all priority.
Copies of this letter have been sent to every member of the select committee.
Yours sincerely,
Robert Henderson
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Press Complaints Commission
From the Deputy Director
31 March 2003
Robert Henderson Esq
Dear Mr Henderson,
Thank you for your letter of 16th March.
Much of it seems to be concerned with allegations which, if true, would be criminal matters. The PCC is not charged with investigating alleged breaches of the law. That is a matter for the police.
Regarding your other point about the Daily Mirror, you do not seem to provide any grounds for the PCC to re-open its file on this matter, which is now of course several years old and which has in any case already been put to the Commission for a decision on whether or not to investigate it.
Yours sincerely
Tim Toulmin
1 Salisbury Square London EC4Y 8JB Telephone 020 7353 1248 Facsimile 020 7353 8355
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2 April 2003
Prof Robert Pinker
Acting Chairman
Press Complaints Commission
1 Salisbury Square
London EC4Y 8AE
cc Rt Hon Gerald Kaufman MP, Frank Doran MP, John Thurso MP, Rosemary McKenna MP, Alan Keen MP, Derek Wyatt MP, Debra Shipley MP, Chris Bryant MP, Julie Kirkbride MP, Michael Fabricant MP, Adrian Flook MP, Presswise, Sir Harry Roche (Pressbof)
Dear Professor Pinker,
The payment of money to police for information
Nick Toulmin has replied on your behalf to my letter of 16 March. I am afraid Mr Toulmin’s reasons for failing to act in the cases of Rebekah Wade and Piers Morgan literally make no sense.
Mr Toulmin rejects the idea of investigating allegations which would criminal offences if true on the ground that they are ” a matter for the police”. This repeats the position taken by the PCC before the Media, Culture and Sport select committee (CMS) on 25 March, evidence which I witnessed.
During that evidence, Mr Black claimed that the PCC could not act where the complaint involved criminal issues. This is untrue. My complaints to the PCC in both 1995 and 1997 involved illegal behaviour, including criminal libel, incitement to violence against me, incitement to racial hatred against me and assault. At no point did the PCC say they could not act on my complaints because of the criminal actions.
More fundamentally the PCC Code of Practice itself makes it clear that matters which are potentially criminal acts can be adjudicated by the PCC. Clauses 1, 7, raise the possibility of criminal libel. Clauses 4, 8, 10 and 12 concern behaviour which could be the subject of a complaint under the Harassment Act, a complaint of criminal trespass or action for a breach of the peace. Clause 5 forbids the interception of private telephone calls, ie phone tapping, which is illegal under any circumstances when committed by a private individual. Clause 13 complaints could concern breaches of the sub judice rules or be a contempt of court. Clause 15 could concern breaches of the various Race Relations legislation. Clause 16 could involve a series of offences ranging from fraud to obtaining money by false pretences.
All this being so, I ask the PCC to proceed with an investigation of Rebekah Wade’s admission of paying policemen for information.
As for Piers Morgan, the fact that my original complaint was not acted upon by the PCC says everything about the PCC and nothing about the strength of the complaint. You have a letter from Morgan (addressed to the PCC) in which he admits receiving information illegitimately from the police. I ask you to both investigate the complaint now and explain why it was not investigated originally.
Civil redress
Mr Black also claimed during his evidence to the CMS that the PCC would not act where civil action was a possibility to gain redress for the complainant. Again, in both my complaints in 1995 and 1997 and in my further complaint in 2000 against the Observer journalist Nick Cohen of obtaining valuable information by subterfuge, there were clear legal options had I had the money to take them.
In both 1995 and 1997 there were gross libels of me. For example, the 13 March 1997 Mirror story (see folio 15) completely fabricated this quote which they attributed to me: “If he [Blair] gets elected he’ll let in all the blacks and Asians”, – see folio 15 – and falsely claimed that my letters to the Blairs were “…full of racist filth” In addition, I had the option of actions for malicious falsehood and the obtaining of valuable documents by false pretences. It was never suggested that my complaints would be disallowed because of I had these theoretical options.
As with criminal matters, the PCC Code undermines the claim that cases cannot be accepted. Clauses 1,3 and 7 will probably involve defamation – clause 2 also has a bearing if no opportunity for reply is given. Clauses 4, 5, 8, 10, 12, 13, 14, 15 and 16 could all be the subject of tort actions and/or applications for injunctions.
Please explain to me why Mr Black was allowed to make his obviously false claims to the CMS without contradiction from the other PCC representatives.
Yours sincerely,
Robert Henderson
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28 April 2003
Prof Robert Pinker
Acting Chairman
Press Complaints Commission
1 Salisbury Square
London EC4Y 8AE
cc Rt Hon Gerald Kaufman MP, Frank Doran MP, John Thurso MP , Rosemary McKenna MP, Alan Keen MP, Derek Wyatt MP, Debra Shipley MP, Chris Bryant MP, Julie Kirkbride MP, Michael Fabricant MP, Adrian Flook MP, Presswise, Sir Harry Roche (Pressbof)
Dear Professor Pinker,
I am still waiting for a reply to y letter of 2nd April. Please reply by return
Yours sincerely,
Robert Henderson
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12 May 2003
Sir Christopher Meyer
Chairman
Press Complaints Commission
1 Salisbury Square
London EC4Y 8AE
cc Rt Hon Gerald Kaufman MP, Frank Doran MP, John Thurso MP , Rosemary McKenna MP, Alan Keen MP, Derek Wyatt MP, Debra Shipley MP, Chris Bryant MP, Julie Kirkbride MP, Michael Fabricant MP, Adrian Flook MP, Presswise, Sir Harry Roche (Pressbof)
Dear Sir Christopher,
You will find two letters enclosed which are addressed to Prof Pinker and dated 2nd and 28 April. They have gone unanswered.
The letters concern (1) evidence given by Guy Black before the Culture Media and Sport Commons select committee and (2) the question of information obtained by the press by illegitimate means from the police with particular reference to admissions of such behaviour by Rebekah Wade and Piers Morgan.
This stupidly arrogant failure to address matters which are both serious and of general public interest is all of a part with the general PCC behaviour when confronted with difficult issues. It is one of the prime reasons why the PCC is held in contempt by most people who have ever used it – I write as a three time user.
As the incoming chairman you have the very great luxury of a fresh start. I urge you to use that luxury to signal a new ethos for the PCC by acting upon my letters by answering the points I raise about Mr Black’s evidence before the committee and by instigating investigations of Wade and Morgan.
Yours sincerely,
Robert Henderson
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From the Deputy Director
12 May 2003
Robert Henderson Esq
Dear Mr Henderson,
Thank you for your letter of 28th April to the former Acting Chairman.
Professor Pinker left the post on 30th March.
The position regarding yqur complaint against the Daily Mirror remains the same as far as I can tell. You have provided no reasons why the Commission should look again at a matter that is several years old and that the Commission has already decided not to pursue.
It also remains the case that the matter of payments to police officers is something for the police themselves to investigate. It is not something that is covered by the Code at the moment. There may be areas of the Code where there is a theoretical overlap with the law – although in general the Code imposes standards on editors over and above legal requirements – but the Commission will not of course, for very obvious reasons, investigate a matter that is the subject of a legal inquiry.
Neither will it investigate complaints where it is more appropriate, in the Commission’s opinion, for the complainant to pursue an alternative legal remedy. This certainly does not mean that it turns down every case where there is a theoretical alternative remedy, and in fact does so in relatively few. Those cases, such as your own, where it does conclude that it is not appropriate to proceed are considered individually by the Commission and on their merits.
l do hope this is helpful.
Yours sincerely
Tim Toulmin
1 Salisbury Square London EC4Y 8JB Telephone 020 7353 1248 Facsimile 020 7353 8355
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16 May 2003
Sir Christopher Meyer
Chairman
Press Complaints Commission
1 Salisbury Square
London EC4Y 8AE
cc Rt Hon Gerald Kaufman MP, Frank Doran MP, John Thurso MP , Rosemary McKenna MP, Alan Keen MP, Derek Wyatt MP, Debra Shipley MP, Chris Bryant MP, Julie Kirkbride MP, Michael Fabricant MP, Adrian Flook MP, Presswise, Sir Harry Roche (Pressbof)
Dear Sir Christopher,
I have just received a letter from your deputy director, Tim Toulmin, in reply to my letters of 2 and 28 April.
I suspect that my letter to you of the 12 May was the catalyst for Mr Toulmin’s letter. Useful as any response is from the PCC, as much for what is not said as for what is said, I would ask you to reply personally to this letter and my letter to you of 12 May and to send a copy of your reply to the CMS committee.
Mr Toulmin states in his letter that cases refused because a legal alternative exists will be relatively few”. This is a considerable movement from the statement of your director uy Black before the CMS committee that it was the norm to refuse such cases.
As I pointed out in my letters to Prof Pinker, Mr Black must have known this was untrue when he made his statement to the CMS committee. You may wish to consider whether a man who deliberately attempts to mislead a Parliamentary committee is the type of character you wish to have as your chief administrator.
The position for all complaints to the PCC should be this. Any complaint should be considered provided (1) no criminal investigation is being undertaken or(2) no writ for a civil action has been issued. That is an objective test. Anything else is merely a subjective decision made at the whim of the PCC administrators.
As for Mr Toulmin’s response to my complaints against Rebekah Wade and Piers Morgan, Mr Toulmin’s claim that the PCC Code does not cover it is manifestly absurd. The Code preamble begins “All members of the press have a duty to maintain the highest professional and ethical standards…” Bribing the police clearly breaches that, while clause 7.iii) states “Subterfuge can be justified only in the public interest and only when material cannot be obtained by any other means.”
Clearly bribing the police can never be in the public interest. Finally, clause 9 runs “Payment for articles offers of payment for articles, pictures or information should not be made directly or through agents to witnesses or potential witnesses in current or criminal proceedings…” Clearly many of the police passing on information are potential witnesses.
Finally, Mr Toulmin’s refusal to re-open my past complaints is based on the fact that I provide no new information is irrelevant. The point is that the complaints in 1995, 1997 and 1998 were simply not honestly investigated or adjudicated. They were simply refused for no good reason. I ask you to review these complaints personally. I also seek a personal interview with you to discuss the behaviourof PCC staff in dealing with my complaints which were all serious and well documented and described.
You are appearing before the CMS committee on the 21 May. I suggest you address the general question of refusing complaints for reasons of potential legal opportunity and the PCC’s failure to address complaints against Wade and Morgan for the clearest breaches of the Code by receiving information illicitly from thepolice.
Yours sincerely,
Robert Henderson
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19 June 2003
Sir Christopher Meyer
Chairman
Press Complaints Commission
1 Salisbury Square
London EC4Y 8AE
cc Rt Hon Gerald Kaufman MP, Frank Doran MP, John Thurso MP , Rosemary McKenna MP, Alan Keen MP, Derek Wyatt MP, Debra Shipley MP, Chris Bryant MP, Julie Kirkbride MP, Michael Fabricant MP, Adrian Flook MP, Presswise, Sir Harry Roche (Pressbof)
Dear Sir Christopher,
I am still awaiting a reply to my letter of 16 May. Were you merely a private individual you would of course have the right to refuse to reply. But I am not writing to you in your capacity as a private individual but as the head of a quasi-public body. In that position, you should reply to correspondence as a matter of course. Please do so by return.
With regard to Rebekah Wade and Piers Morgan obtaining information illicitly, I refer you to proposal 30 in the Culture Media and Sport select committee’s report on media intrusion:
31. We cannot see how the matter of illegal payments to policemen can fail to fall within the criteria set out by the PCC for taking the initiative, or how the issue is different to the xample of illegal telephone-tapping highlighted by the Commission itself. We believe the PCC must investigate. This may be best accomplished in cooperation with the Information Commissioner and the Police Complaints Authority and, if necessary, rsult in an addition to the Code (such asoccurred on intercepting telephone calls). (Paragraph 95)
I expect your early reply assuring me that Wade and Morgan will be investigated.
Yours sincerely,
Robert Henderson
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I received no further response from the PCC – Robert Henderson 8 July 2011
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