16/08/2011 Newsnight


16/08/2011

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Could this be the most compelling evidence yet of a phone hacking

:00:14.:00:21.

cover-up at News International, former royal reporter, Clive

:00:21.:00:24.

Goodman, claims hacking was discussed widely at editorial

:00:24.:00:29.

meetings, and said he was told he could keep his job if he didn't

:00:29.:00:32.

implicate the paper in court. shows how many people in the

:00:32.:00:36.

company were involved in phone hacking, a devastating piece of

:00:36.:00:39.

evidence. We will discuss what damage these allegations could do

:00:39.:00:44.

to News International and James and Rupert Murdoch. Four years for

:00:44.:00:49.

trying to incite a riot on Facebook last week. That was the sentence

:00:49.:00:54.

given to these two men in the Crown Court today. Rough justice? We ask

:00:54.:01:00.

a leading QC if the courts are getting it right? Also the

:01:00.:01:04.

extraordinary world of the 21st century slum and the lessons they

:01:04.:01:09.

hold for the west. People have built their shantys either side of

:01:09.:01:17.

this canal, it is only six feet wide in parts. We discover these

:01:17.:01:20.

Manila residents won't be cleared from their homes. We will fight,

:01:20.:01:26.

this is what we want, we will fight for our freedom. We will fight for

:01:26.:01:36.
:01:36.:01:37.

our community. According to a letter by a former News of the

:01:37.:01:41.

World reporter, and published today by a Parliamentary Committee, phone

:01:41.:01:44.

hacking was rife at the News of the World, and discussed at the daily

:01:45.:01:49.

meetings. A letter by Clive Goodman, also alleges that the editor, Andy

:01:49.:01:54.

Coulson, offered to let him keep his jop if he agreed not to

:01:54.:01:59.

implicate the paper in court. As well as evidence from a cover-up

:01:59.:02:04.

at News International, there were serious questions raised about

:02:04.:02:07.

whether James Murdoch misled parliament over his knowledge of

:02:07.:02:10.

the extent of hacking at News of the World.

:02:10.:02:14.

In the News International version of events, many details thus far

:02:14.:02:17.

have been obscured, they have maintained throughout that the then

:02:17.:02:22.

News of the World editor, Andy Coulson, and other senior figures

:02:22.:02:27.

knew nothing about widespread illegal practices at the paper.

:02:27.:02:31.

The paper's royal editor, Clive Goodman, pleaded guilty to phone

:02:31.:02:37.

hacking and in January 2007, was imprisoned for four months. In

:02:37.:02:40.

parliament, the Culture, Media and Sport Select Committee, has been

:02:40.:02:43.

pursuing this matter since 2003. At lunchtime today they announced they

:02:43.:02:48.

were now about to release some important new documents. Within the

:02:48.:02:53.

evidence that will be published at 1.00, there are some devastating

:02:53.:02:55.

revelations which will mean the company in general will have

:02:55.:02:59.

questions to answer. In amongst a huge shrew of

:02:59.:03:01.

documents released by the parliamentary select committee

:03:01.:03:08.

today, perhaps the most explosive is this, dated March 2007, it is

:03:08.:03:17.

from Clive Goodman, he is replying to a letter from News International

:03:17.:03:20.

telling him they are terminating his employment. He writes back with

:03:20.:03:24.

some serious allegations about just how widespread hacking was at News

:03:24.:03:30.

of the World. Mr Goodman complains the decision

:03:30.:03:33.

is inconsistent because other members of staff were carrying out

:03:33.:03:37.

the same illegal procedures. He goes on to say that the practice

:03:37.:03:41.

was widely discussed in the daily editorial conference, until

:03:41.:03:47.

explicit reference to it was banned by the editor. The editor, it is

:03:47.:03:50.

widely assumed tonight, was Andy Coulson. But further on in the

:03:50.:03:55.

letter Mr Goodman makes another, even more serious allegation. He

:03:55.:04:00.

says tomorrow Crone and the editor promised on many occasion that is

:04:00.:04:03.

he could come back to a job on the newspaper if he did not implicate

:04:03.:04:08.

the paper or any of the staff in the mitigation plea. He did not,

:04:08.:04:13.

and expected the paper to honour its promise to him. It is obviously

:04:13.:04:18.

a serious document. Elinor Goodman alleges that is in return for his

:04:18.:04:23.

sigh - Clive Goodman allege that is in return for his silence News

:04:23.:04:27.

International would look after him, and others were up to their necks

:04:27.:04:31.

in phone hacking. He also claims that the senior editor, Andy

:04:32.:04:36.

Coulson, knew what was happening. Here is the other strange thing, in

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amongst the huge pile of document, there was not just one version of

:04:41.:04:44.

Clive Goodman's letter to his bosses complaining about his

:04:44.:04:50.

dismissal, but two. With those serious allegation about hacking at

:04:50.:04:55.

News of the World, there came via the law firm that dealt with the

:04:55.:04:59.

unfair dismissal case. The other version had the details blacked out,

:04:59.:05:04.

in some cases missing all together. Who supplied this version to the

:05:04.:05:07.

committee? News International and James Murdoch. We asked News

:05:07.:05:10.

International to account for the discrepancy between these two

:05:10.:05:13.

versions of the letter, but couldn't get any official comment.

:05:13.:05:17.

In statement though, they told us that they recognised the

:05:17.:05:20.

seriousness that the materials disclosed and are working in a

:05:20.:05:25.

constructive and open way with all the relevant authorities.

:05:25.:05:29.

We learned today also of the payments made to Clive Goodman

:05:29.:05:39.
:05:39.:05:48.

after his dismissal by News Why pay so much, the select

:05:48.:05:52.

committee wants to know, to someone who had been convicted of a

:05:52.:05:55.

criminal offence. As a former accountant and finance director,

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you should always follow the cash, the cash often leads to the truth.

:05:59.:06:03.

Whether that is trying to track down payments to police, or indeed

:06:03.:06:06.

payments to employees who have been dismissed. A lot of these things do

:06:06.:06:10.

need to be answered. Within six months of that letter being written

:06:10.:06:14.

by Clive Goodman, he received over �200,000 in payments from the

:06:14.:06:18.

newsgroup, and we need to try to understand why that is. If you

:06:18.:06:22.

don't believe a word he saying, why would you go and pay all that kind

:06:22.:06:24.

of money. Some members of the select

:06:24.:06:27.

committee are concerned they may have been misled over the scale of

:06:28.:06:33.

these payments to Clive Goodman. In late 2009, Rebekah Brooks admitted

:06:33.:06:38.

written evidence to the select committee, in it she said the

:06:38.:06:42.

payment to Goodman, and there was only one, she said, was less than

:06:42.:06:47.

�60,000, plus an unspecified sum to cover his notice period.

:06:47.:06:55.

We now know the real figure was in excess of �240,000.

:06:55.:06:59.

News International was still claiming that Goodman was a lone

:06:59.:07:03.

rogue reporter, but police had more information, Glenn Mulcaire, the

:07:03.:07:07.

private investigator used by Goodman, had 1 1,000 pages of notes.

:07:07.:07:12.

Police found an exmail to someone at News of the World from - e-mail

:07:12.:07:18.

to someone at News of the World marked "for Neville ", it was a

:07:18.:07:26.

transcript of a message left on the phone of Gordon Taylor, as they

:07:26.:07:30.

were not interested in the world of football, the implication is

:07:30.:07:36.

someone else at the paper must have been involved. In April 2008 Taylor

:07:36.:07:39.

was paid several hundred thousand pounds sanctioned by James Murdoch.

:07:39.:07:44.

Mr Murdoch has told parliament and others that he was not aware of the

:07:44.:07:48.

"for Neville" e-mail at the end. When you signed off the Taylor

:07:48.:07:56.

payment, did you see, or were you made aware of the full Neville e-

:07:56.:07:59.

mail, or the transcript of the voicemail message. I was not aware

:07:59.:08:03.

of that at that time. In today's shrew of documents, a letter from

:08:03.:08:08.

Tom Crone to the select committee. Mr Crone was legal manager at News

:08:08.:08:18.
:08:18.:08:29.

of the World at the time. He The final set of revelations today

:08:29.:08:34.

has come from News International's one time law firm, Harbottle &

:08:34.:08:38.

Lewis. They were asked by News International to go through some

:08:38.:08:42.

internal e-mails to see if Clive Goodman's claim of wider knowledge

:08:42.:08:49.

of the phone hacking stood up. They said they could find no evidence.

:08:49.:08:54.

Harbottle & Lewis claimed that this information was wrongly

:08:54.:08:58.

misrepresented as a full scale inquiry. This is James Murdoch from

:08:58.:09:04.

last month. It is a key bit of legal advice from senior counsel

:09:04.:09:08.

that was provided to the company. Today the committee has written to

:09:08.:09:11.

several previous witness, including James Murdoch, posing further

:09:11.:09:14.

questions. It seems likely that many f not all will be recalled to

:09:14.:09:18.

give further evidence. We asked News International on to

:09:18.:09:22.

the programme, but they didn't want to appear. Joining me now in the

:09:22.:09:27.

studio is former News of the World editor, Paul Connew, columnist for

:09:27.:09:31.

the Mail, Stephen Glover, and from Hull, the former deputy Prime

:09:31.:09:35.

Minister, Lord Prescott. How significant do you think these

:09:35.:09:40.

letters, all these documents are in the action with News International?

:09:40.:09:43.

Very significant. It is what a lot of us have believed for a long time,

:09:43.:09:47.

though denied by Murdoch. There was a conspiracy of silence between a

:09:47.:09:52.

lot of people at the top. When I hear them now contradicting what

:09:52.:09:57.

was said, why did they keep their mouths shut when all of us were

:09:57.:10:01.

fight to go show it wasn't a one- person operation. Murdoch's

:10:01.:10:05.

business philosophy is pay them off, as much money as you can, deny the

:10:05.:10:10.

evidence, make sure it looks as only one company, and then withhold

:10:10.:10:12.

information. Murdoch press have been involved in that from the

:10:12.:10:15.

beginning when a few of us were trying to stop it. The murd mur

:10:15.:10:20.

press will deny that. We have to - the Murdoch press will deny. That

:10:20.:10:24.

we have to make clear these are allegations by Clive Goodman, he

:10:24.:10:30.

was convicted and put in prison and found guilty of a crime, but this

:10:30.:10:34.

letter is quite self-serving, you have to admit? Those of us saying

:10:34.:10:37.

there was something wrong, the police were giving us the wrong

:10:37.:10:40.

information, the PPC hadn't investigated properly. They knew

:10:40.:10:46.

they had the e-mail of 2007, which said, what he was threatening to do,

:10:46.:10:50.

he was bargaining, he got paid off, they paid the money, what did they

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pay that for. Paul Connew, it wasn't proven they were paying him

:10:55.:11:02.

off. They agree he was paid, you heard in the production. I think

:11:02.:11:06.

Rebekah Wade thought it was �60 though, now we hear it is up to a

:11:06.:11:11.

quarter of a million. We don't know if they were paying them off or

:11:11.:11:15.

this the notice period they were paying off. Let me bring in the

:11:15.:11:20.

studio guests in London. He went to jail and committed the

:11:20.:11:24.

offence, I don't know any other employee gets that situation.

:11:24.:11:31.

without doubt an explosive moment in this whole saga. But it depends

:11:31.:11:37.

on whether Clive Goodman's letter is accurate. Now, quite clearly he

:11:37.:11:44.

was looking for the maximum payment possible. Could there be a veiled

:11:44.:11:49.

threat in that letter? There could be. Many media observers and former

:11:49.:11:54.

editor, including myself, have been sceptical about the idea that there

:11:54.:11:57.

was a lone rogue and people didn't know what was going on. At the

:11:57.:12:03.

moment, in fact, the only person convicted it Clive Goodman. The PR

:12:03.:12:07.

disaster for News International, and it has been for some time. But

:12:07.:12:11.

they don't really know precisely what Mulcaire has got. And there

:12:11.:12:18.

has always been cover-ups internally, we don't know who has

:12:18.:12:23.

misled who inside News International. Harbottle & Lewis

:12:23.:12:26.

believe they were misled in the parliamentary commity. There is a

:12:26.:12:32.

conflict in evidence, that is the company's lawyers. It is incredibly

:12:32.:12:40.

murky, this cannot be a good day for the Murdochs? It is, and mind-

:12:40.:12:44.

boggling involved. We may think we understand it, I have to put a

:12:44.:12:49.

towel round my head and I'm meant to make a living out of this stuff.

:12:49.:12:53.

Whether the dog or the duck remotely follows what is going on,

:12:53.:12:57.

it is not a good day for the Murdochm pyre, the story has

:12:57.:13:03.

advanced a bit - Murdoch empire, the story has advanced a bit, but

:13:03.:13:07.

there are some revelations. They will ask James Murdoch to come back,

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he can handle himself very well, he's a very shriek, some what

:13:13.:13:23.

slippery character. Who knows what will happen. I think we are

:13:23.:13:28.

advancing towards what we know in our hearts is that the News of the

:13:28.:13:32.

World was a dysfunctional paper, and there were lots of executives

:13:32.:13:35.

who knew what was going on. didn't write that to begin with,

:13:35.:13:38.

you disbelieved all the arguments that a few of us were trying to put

:13:39.:13:44.

up. Like most of the press they ignored it. What I said, and what I

:13:44.:13:49.

still do say, is that I don't think this is the most important story in

:13:49.:13:54.

the world. Isn't it the case that because t apart from it being going

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on for a long time. The people that have been affected are people, by

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and large, are people perhaps that can fight for themselves, but

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actually, the wider world, the great British public is getting

:14:05.:14:10.

less and less concerned about this? I'm not sure that's true. Some of

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them are making contrast, if you look at Twitter, two guys have got

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four years for using the social network to advocate riot, terribly

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wrong, no doubt about it, four yirs and we have been about five years -

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four years, and we have been about five years trying to get a company

:14:29.:14:33.

to admit it was involved in a criminal conspiracy. I have been

:14:33.:14:37.

involved in phone-ins over the last weeks and months. What is

:14:37.:14:41.

interesting is callers are pretty evenly de divided, a lot of they

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will feel there is a grave danger here that politicians are looking

:14:46.:14:51.

for way to actually control the press through statutory regulation

:14:51.:14:58.

and they don't like it. They want a robust press, even one that is

:14:58.:15:03.

flawed. If the public see that wrongdoing is going unpunished, why

:15:03.:15:07.

should they have any faith? There is a crisis of confidence in the

:15:07.:15:10.

public about so many cornerstones of democracy, press, politicians,

:15:10.:15:14.

and the police. There is no reason for people, if they have been

:15:14.:15:19.

guilty of wrongdoing to get away with it by phone hacking? I'm not

:15:19.:15:22.

suggesting that. There is a real public crisis of confidence here,

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and it goes beyond the press, the press is part of their

:15:27.:15:34.

disillusionment at the moment. you support the PCC, its role has

:15:34.:15:39.

been abominable. They have behaved badly, but I still believe in self-

:15:40.:15:46.

regulation, but with real teeth. In fact, a recent study showed that of

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the 25 countries with effective free press, 21 of them had self-

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regulation, only four had statutory regulation, and two of those are

:15:58.:16:02.

thinking of changing it. For the public to have faith in the press

:16:02.:16:08.

again, do you think there has to be regulation, or is self-regulation

:16:08.:16:13.

sufficient? Self-regulation will have to be tightened up. When Lord

:16:13.:16:20.

Prescott rails against the PCC, they didn't have vast resources and

:16:20.:16:24.

they were lied to by people from News of the World again and again.

:16:24.:16:26.

In those circumstances it is difficult for anybody, when the

:16:26.:16:31.

wool is pulled over their eyes, to go on. Where do you think it will

:16:31.:16:35.

go on from here, we know letters have been issued for clarification,

:16:35.:16:40.

and we know there will be more sittings on the 6th September. Are

:16:40.:16:45.

you saying you will keep pushing away at this for as long as it

:16:45.:16:48.

takes? I am pushing away at the courts, with the judicial review,

:16:48.:16:51.

the police didn't carry out their proper job. I want the courts to

:16:51.:16:54.

bring them in and explain why they didn't look at the evidence. What

:16:54.:16:58.

was the influence with the Murdoch press, I'm in that battle with one

:16:58.:17:04.

or two others. The PPC, we should have taken the 1997 solution, which

:17:04.:17:09.

was opposed by the press, was still a form of regulation but had

:17:09.:17:13.

sanctions. That is the way forward to guarantee some accountability of

:17:13.:17:18.

a press that is, frankly, out of control. Let's look at the what ifs,

:17:18.:17:23.

if it is found that James Murdoch did mislead parliament, is it

:17:23.:17:26.

conceivable he could run any part of the Murdoch empire? I don't

:17:27.:17:29.

think so, if that was established beyond doubt, that would be the end

:17:29.:17:35.

of James Murdoch. There is a wider question any way as to whether

:17:35.:17:37.

Rupert Murdoch will maintain control over the empire. A lot of

:17:37.:17:42.

people in New York don't like the fuss, who don't regard the British

:17:42.:17:48.

newspapers as particularly important, and think that Mr

:17:48.:17:52.

Murdoch is too involved. biographer has been talking about

:17:53.:17:57.

the fact that Rupert Murdoch is ready to sell News International?

:17:58.:18:02.

think James Murdoch's position, should Colin Myler and Tom Crone

:18:02.:18:07.

version be correct, then obviously he's an untenable position, and

:18:07.:18:11.

even Rupert Murdoch won't be able to...Why Didn't they say it before,

:18:11.:18:15.

when this is going on for years, Mr Myler said he inspected all the

:18:15.:18:19.

evidence and e-mails and he could say there is no other fd. He said

:18:19.:18:24.

that then when he - evidence, he said that then when he must have

:18:24.:18:29.

known that information? There is a dispute over who saw what. That is

:18:29.:18:34.

one of the great mysteries. It is unedifying when everyone is

:18:34.:18:40.

scrabling to save their skins? Absolutely, the other point is the

:18:40.:18:46.

public are very quick to point out it was the press that has actually

:18:46.:18:51.

exposed the phone hacking scandal. You mean the Guardian. The rest of

:18:51.:18:55.

the press kept quiet about it. Before we finish this conversation,

:18:55.:18:59.

I would like to bring one person's name into the frame who hasn't been

:18:59.:19:03.

discussed tonight, that is Coulson. Again, these are just allegations,

:19:03.:19:07.

for Andy Coulson this is extremely bad day? Yes, and for David Cameron

:19:08.:19:14.

too. A lot of people felt it was hostage to fortune with that

:19:14.:19:18.

appointment. Whether Andy Coulson is guilty of anything or not, it

:19:18.:19:23.

was still a very risky decision, and David Cameron must be rueing it

:19:23.:19:28.

tonight. Even if Coulson turns out to be innocent, and he is until

:19:28.:19:33.

proved guilty, we can all say it was a bad misjudgment on Mr

:19:33.:19:37.

Cameron's part. There were people telling him, I wrote to him in 2009

:19:37.:19:42.

in July saying it is unwise to appoint Coulson, I said you were

:19:42.:19:45.

the opposition at the time, and if you come into Government and

:19:45.:19:49.

appoint him as a civil servant, that would be terribly brong and

:19:49.:19:55.

reflect on his judgment. 2009 - wrong and will reflect on his

:19:55.:19:58.

judgment. It is beginning to do that now. The sentencing of people

:19:58.:20:03.

involved in the criminal rioting and damaging last week is carrying

:20:03.:20:09.

on. Two young men received a custodial sentence, after they used

:20:09.:20:15.

to Facebook to try to incite disorder in Warrington.

:20:15.:20:20.

The men of previous good character are going to jail for four years.

:20:20.:20:27.

Does the punishment fit the crime or are the judges overreacting to

:20:27.:20:33.

the riots. Here is our report.

:20:33.:20:39.

Justice has been swift, sentences stiff, the Government's tough

:20:39.:20:42.

rhetoric, matched by tough decisions from the courts. Today

:20:42.:20:47.

these two men were jailed for four years each, or inciting disorder on

:20:47.:20:51.

Facebook. Neither had previous convictions and no riots actually

:20:51.:20:56.

took place. The police had been monitoring what was being posted.

:20:56.:21:00.

The Assistant Chief Constable of Cheshire Police said tonight that

:21:00.:21:05.

social media had been used to incite behaviour that would strike

:21:05.:21:09.

fear into communities, the sentences are meant as a deterrent.

:21:09.:21:16.

In the wake of last week's looting, it is alleged that magistrates are

:21:16.:21:21.

to disregard normal guidelines and issue tougher sentences than they

:21:21.:21:24.

normally would. This is Hackney last week, looters running riot.

:21:24.:21:29.

Today, as you see, life is pretty much back to normal here. But

:21:29.:21:34.

plenty of young people now face court that has been sitting through

:21:34.:21:39.

the night and weekends. Unprecedented times, but are the

:21:39.:21:42.

sentences being meted out commensurate with the crimes.

:21:42.:21:48.

Government is taking it a bit too far. Giving people custodial

:21:48.:21:52.

sentences for theft, because it is actually theft, it is not burglary,

:21:52.:21:57.

and I think it is ridiculous, it is over the top. What the Government

:21:57.:22:01.

is trying to do is send a message out to all the other people so it

:22:01.:22:06.

doesn't happen again. I think some of them are too harsh, I heard a

:22:06.:22:10.

boy got sentenced for six months for stealing water worth �3.50.

:22:10.:22:14.

That is too harsh. I understand they should be punished. It is a

:22:14.:22:19.

bit extra really. It is not the bottle of water, but what you would

:22:19.:22:24.

have had, the effect it would have had on the people inside.

:22:24.:22:27.

support very strong sentences? if it will be a deterrent.

:22:27.:22:31.

Others told us the looters should be made to clear up what they have

:22:31.:22:35.

broken rather than be put behind bars, and not surprisingly

:22:35.:22:41.

differences of opinions here are echoed far way in the Westminster

:22:41.:22:44.

world. There are cases where offenders who have committed

:22:44.:22:48.

serious crimes should expect very serious sentences, that is what I

:22:48.:22:52.

expect to happen. But there have been some case where is people who

:22:52.:22:57.

have committed petty offences have received sentences which, if they

:22:57.:23:01.

had committed the same offence a day before the riots they would not

:23:01.:23:05.

have received a sentence of that nature. I think we need to be very

:23:05.:23:11.

careful of that, that this should be about restorative justice, in

:23:11.:23:14.

other words making people acknowledge the offences they have

:23:14.:23:18.

committed and preferably if the victims wanted, to actually sit

:23:18.:23:21.

down, face-to-face with the victims to hear from the victims the impact

:23:21.:23:26.

they have had, but it should not be about retribution. This is one of

:23:26.:23:31.

the most memorable images of what what happened in England last week,

:23:31.:23:36.

a furniture store in Croydon in flames. The MP for the area has

:23:36.:23:39.

strong views about how to proceed. We are seeing the sentencing people

:23:39.:23:43.

have wanted to see for years. I sent out an e-mail to all the

:23:43.:23:46.

people in my constituency that I have an e-mail address for, on

:23:46.:23:51.

Tuesday, I had over 1300 responses, there was a virtual unanimity that

:23:51.:23:56.

people wanted the courts to get tough with the people that caused

:23:56.:24:01.

the terrible criminality in Croydon. It will help people restore

:24:01.:24:05.

confidence in the justice system, and send out a clear message that

:24:05.:24:11.

this kind of disorder will not be tolerated. Over 1,000 people have

:24:11.:24:16.

appeared before the courts. With many more still to be processed,

:24:16.:24:19.

the controversy will continue over how they should be treated.

:24:19.:24:28.

I'm joined by the leading criminal barrister, John Cooper QC, and the

:24:28.:24:32.

Conservative MP for Stourbridge. The two men inciting violence, four

:24:32.:24:36.

years, a good decision? I wouldn't want to second guess the court and

:24:36.:24:39.

the judge. I wouldn't challenge the decision. The young men involved

:24:39.:24:43.

were inciting a riot, trying to organise a sort of mayhem that we

:24:43.:24:47.

saw on the streets eight nights ago in Salford. Which would have put

:24:47.:24:50.

lives at risk. And at the very least they distracted the police

:24:50.:24:55.

from trying to deal with that crisis. They put a lot of fear into

:24:55.:25:00.

people. At least one of them turned up at the site with full intention

:25:00.:25:05.

to steal and loot. Four years a reasonable sentence for that?

:25:05.:25:10.

I do think so, yes. A reasonable sentence, it was a serious crime,

:25:10.:25:13.

if they had incited violence there could have been mayhem, injuries

:25:13.:25:18.

and a lot of looting? All offences are serious offences, nothing I

:25:18.:25:22.

have to say can take-away from that. This sentence in my view is over

:25:22.:25:26.

the top. I anticipate it going to the Court of Appeal, and probably

:25:26.:25:29.

being overturned there. A lot of these sentence also they go to the

:25:29.:25:34.

Court of Appeal? I anticipate a lot will. What we need to remember is

:25:34.:25:39.

there is a protocol for sentencing, there are rules and procedures in

:25:39.:25:41.

sentencing which make them effective and fair. What we can't

:25:41.:25:45.

do, in my view, in situations like this, is suddenly throw the

:25:45.:25:50.

rulebook away, simply because there is a groundswell of opinion. We

:25:50.:25:54.

don't sentence people by virtue of a reality television programme or

:25:55.:26:01.

an X-factor, your contributor earlier on, one of the MPs, said he

:26:01.:26:06.

had contacted all his constituents and this is what they think. If

:26:06.:26:12.

sentences were based on that it would be a great reality TV show

:26:12.:26:16.

but not great justice. You are saying earlier on the judges are

:26:16.:26:20.

becoming hysterical, it sounds like a lot of people are hugely charged

:26:20.:26:25.

up and no wonder, in a way, because of the atmosphere? I don't think it

:26:25.:26:29.

is an overreaction, I think this time a week ago, eight or nine

:26:29.:26:34.

nights ago, this country was in had a terrible state. People lost their

:26:34.:26:38.

lives. Police were faced with unprecedented levels of violence

:26:38.:26:44.

from a mob. People were just going in and helping themselves to things.

:26:44.:26:49.

Certainly, in my lifetime, I don't think I have ever been as shocked

:26:49.:26:55.

and ashamed by anything in this country. Is the atmosphere

:26:55.:26:59.

different to before the riot, and you were talking about discounting

:26:59.:27:02.

sentencing in your own party, but people going for the maximum

:27:03.:27:06.

sentences, and you want judges to go for that? I have certainly

:27:06.:27:10.

argued for that, I respect your point that it is not up to the

:27:10.:27:14.

public or MPs as to what is a sentence in the court of law. I

:27:14.:27:19.

would hope that judges would air on the side of severity for cases like

:27:19.:27:23.

this. It is not for anyone else but the judges or the magistrates to

:27:23.:27:28.

make these decisions. When we hear that Government are telling judges

:27:28.:27:35.

and magistrates to sentence on a wholly different set of priorities.

:27:35.:27:39.

There is direction coming from the clerks of the court, but not

:27:39.:27:43.

politicians? Certainly there is a suggestion that an indication has

:27:43.:27:46.

been given. I certainly haven't heard the Home Secretary, the

:27:46.:27:49.

Justice Secretary or the Prime Minister try to second guess the

:27:49.:27:53.

courts and tell them what they should be doing. That is reashuergs

:27:53.:27:59.

to hear that, I am reassured. You were talking about the MPs

:27:59.:28:05.

hearing from constituents, isn't the job of MPs to reflect the

:28:05.:28:08.

public mood. If people are feeling insecure and feeling people should

:28:08.:28:14.

be put away for crimes, that if they are not put away for, may

:28:14.:28:17.

commit again quickly, you can understand why people feel insecure

:28:17.:28:21.

at the moment? I can absolutely understand why people feel insecure,

:28:21.:28:25.

and the emotion barely a woke after it happened, but it is part and

:28:25.:28:30.

process of the legal procedure to take a step back from this, and

:28:30.:28:33.

make sure justice administered isn't quick justice, but sound

:28:33.:28:37.

justice. Another point I would like to make. A lot of people at the

:28:37.:28:41.

moment who have been arrested, who would normally get bail, are not

:28:41.:28:46.

being given bail, but being held in custody, for reasons no other than

:28:46.:28:51.

the public mood is up. I think the reason is that they have taken part

:28:51.:28:55.

in a riot and put lives at risk. There is a difference between going

:28:55.:28:59.

into a shop and shoplifting something, that is a serious crime

:28:59.:29:03.

in itself, it is different to using violence and mayhem to create that

:29:03.:29:09.

opportunity. Some of these people haven't. Do you think we are in an

:29:09.:29:14.

atmosphere where you should revisit sentencing and make it tougher, and

:29:14.:29:17.

the road the Conservative Government started down was the

:29:17.:29:23.

wrong one, discounting sentences for a guilty plea? That was a

:29:23.:29:27.

consultation that the Government decided to not proceed with. I

:29:27.:29:34.

think we all know there is an issue with jail spaces, and the early

:29:34.:29:38.

guilty plea does have merit, and it is a current policy. But there was

:29:38.:29:43.

a feeling that 50% reduction was a step too far. Do you seriously

:29:43.:29:47.

think now, that people, the mood in the country is for tougher

:29:47.:29:51.

sentences? I think the mood in the country is for tougher sentences

:29:51.:29:55.

than we have had for many years. I don't think this is a product of

:29:55.:29:59.

the riots just. I want to make one point, one of the people on the

:29:59.:30:03.

preamble were talking rightly about restorative justice, and community

:30:03.:30:10.

payback. Cleaning up the mess they have created. These things are not,

:30:10.:30:13.

they don't contradict a prison sentence. There is no reason why

:30:13.:30:18.

you shouldn't serve some time in prison, and also give the victims

:30:18.:30:25.

of your crime restorative justice. It is estimated around one billion

:30:25.:30:29.

people live in shantytowns all over the developing world. That number

:30:29.:30:37.

is predcted to double by 2050. We are familiar with the slums in slum

:30:37.:30:43.

dwellings, at risk by typhoon and flood. There is a feeling that the

:30:43.:30:48.

shantys have a lot of positive aspects that we in the rich west

:30:48.:30:54.

could learn from. We enter the extraordinary lab brint world where

:30:54.:30:59.

people koufrpb - lab brint world where people often spend the whole

:30:59.:31:05.

of their lives. This is the Rice Belt of the Philippines, it is

:31:06.:31:10.

illusion, calm, idyllic. But more than one million people a year are

:31:10.:31:20.
:31:20.:31:21.

leaving it. Poverty, climate change and a population boom are pushing

:31:21.:31:30.

people off the land. The places they end up in look like this.

:31:30.:31:36.

Half Manila's population live in slums. And the new global orthodoxy

:31:36.:31:42.

in urban planning says that is good. Slums are now Lorded as models of

:31:42.:31:47.

cohesion and sustainability. But here, they are the frontline in war

:31:47.:31:55.

between the rich and poor. They always look down on us as if we are

:31:55.:32:00.

just like a little on their eyes. They always refer to us as the

:32:00.:32:10.
:32:10.:32:13.

eyesore of the society. This is the Estero de San Miguel.

:32:13.:32:23.

It is 600ms long, 600 families live on either side. Though it looks

:32:23.:32:27.

utterly temporary, it is decades old, and so is the pofrpt of those

:32:27.:32:32.

who live here. - poverty of those who live here. Mina, who has made

:32:32.:32:38.

her home in the slum, is about to show me how people survive here.

:32:38.:32:42.

And though I have been in slums before, I have never seen anywhere

:32:42.:32:52.
:32:52.:32:52.

like this. It is like a mine. Just a tunnel, dark tunnel, and just

:32:52.:33:00.

people live off it, like a mine. The tunnel, less than four feet

:33:00.:33:08.

wide is the centre of their world. This is the queue for the bathroom.

:33:08.:33:18.
:33:18.:33:20.

And this, the playground. This is the public space. And as for the

:33:21.:33:30.
:33:31.:33:33.

private space? There is very little. So this is where you live.

:33:33.:33:37.

Three adults, a teenager and a child live here. It is clean, but

:33:37.:33:42.

the sleeping arrangements are cramped. Where do you sleep,

:33:42.:33:48.

upstairs? There. You sleep on the floor there. I sleep up, and

:33:48.:33:52.

husband and wife sleep there. while for some people, slums are

:33:52.:33:57.

just one stage on the root out of poverty, here most people are

:33:57.:34:07.
:34:07.:34:10.

trapped. 20 years. You have been here 20 years. In this house?

:34:10.:34:15.

As I get further into the Estero de San Miguel, it is like seeing the

:34:15.:34:21.

worst of 18th century Europe. But why does this survive alongside

:34:21.:34:25.

skyscrapers, that, really, is the question I'm here to answer. There

:34:25.:34:30.

is a theory in the world that we can all learn from places like this,

:34:30.:34:37.

informal settlements, or slums, as we call them, it is true, there is

:34:37.:34:42.

social cohesion, and entrepeneurship, because if they

:34:42.:34:47.

didn't they would die. They are living inches from canal full of

:34:47.:34:50.

sewage, into which sewage is being thrown. I can't help thinking that

:34:50.:34:55.

the whole theory is a bit of a coppout. Why was it that the

:34:55.:34:58.

Industrial Revolution was able to clear places like this within a

:34:58.:35:03.

generation. And yet, in it the era of globalisation, we seem content

:35:03.:35:08.

to tinker with it. As I'm about to learn the answer is not simple,

:35:08.:35:12.

because without slum dwellers, many of our global megacities couldn't

:35:12.:35:19.

function at all. Clean your house, drive your car,

:35:19.:35:25.

clean your garden, take care of your baby, and if these people get

:35:25.:35:35.
:35:35.:35:39.

out of the city the city will die. In a slum called Payatas, right

:35:39.:35:46.

next to a mountain of gash an, imcome to meet Father Nobilo, he

:35:46.:35:53.

thinks the slums are unclearable. In an age of scarce resources,

:35:53.:35:59.

there are lessons here for all of us. You don't need more as a human

:35:59.:36:04.

being to live. Because of the imbalance of having and not having

:36:04.:36:10.

is really vast, so what can we learn not only by the rich, but by

:36:10.:36:17.

everybody, how can you survive and manage scarcity and do little and

:36:17.:36:23.

do something. - have little and do something. What you notice in the

:36:23.:36:28.

slum is how organised things are, sports teams, church, women's

:36:28.:36:35.

groups, even the water fights have rules. Being in a place like this

:36:35.:36:39.

is a process of stripping away illusions, first that it is

:36:39.:36:42.

horrible, because it isn't. Second, that the women's groups and the

:36:42.:36:47.

Credit Unions can sort it all, because they can't. The fundamental

:36:47.:36:52.

problem is that in an era of land hunger, 98% of the people who live

:36:52.:36:57.

here, don't have the right to. And the Filipino Government has decided

:36:57.:37:02.

to clear half a million slum dwellers out of the city by force,

:37:02.:37:06.

if necessary. You really want live well if you smell sewage, how can

:37:06.:37:16.
:37:16.:37:26.

you live well. Attention river warriors.

:37:26.:37:33.

The baby's water is clean. Meet Gina Lopez, she's on a mission to

:37:33.:37:39.

clear Manila's water slums and bring the rivers back to life.

:37:40.:37:45.

Her charity, the River Warriors, recruits local people to clear the

:37:46.:37:51.

slums, lay drains and patrol the place, to maintain order. Security

:37:51.:37:56.

around Gina is tight, because she's part of a powerful business family.

:37:56.:38:03.

They own the energy company, the main TV station, large chunks of

:38:03.:38:10.

downtown be Manila, she take as traditional view on slum clearance.

:38:10.:38:13.

There is a theory among some policy makers in the world, that we have

:38:13.:38:18.

to live with slums and accept slums. I don't agree, exclammation point,

:38:18.:38:24.

underlined and circled. No way, no way. Why does anyone have to live

:38:24.:38:29.

like that. I don't think any city can ever come up to its fullest

:38:29.:38:34.

potential if there are slums and people living like that. But, there

:38:34.:38:39.

is a problem, the clearance is compulsory, and once they have been

:38:39.:38:42.

cleared, some people have been coming back. Because, cities are

:38:42.:38:51.

where the jobs are. In Gina's helicopter, and with

:38:51.:38:54.

Gina's Chief-of-Staff, I'm off to see the place the slum dwellers

:38:54.:39:00.

have been moved to. It is 30 minutes, as the chopper flies, but

:39:00.:39:10.
:39:10.:39:11.

more than four hours by road. Here density is not a problem. The

:39:11.:39:15.

problem is, there is no mains electricity, no prospect of ever

:39:15.:39:22.

getting any, and there are no jobs. The market traders have time to

:39:22.:39:32.
:39:32.:39:51.

Come and visit Reuben, he came from the slum. Can I come in? Reuben

:39:51.:39:55.

came here straight from Estero de San Miguel. He likes it, the house

:39:55.:40:01.

is bright and solid, but there is still a problem. TRANSLATION:

:40:01.:40:06.

need factories here, people still go back to Manila to find work. We

:40:06.:40:11.

try very hard to earn money. Because if you don't, we could die

:40:11.:40:14.

of hunger. The Government accepts this is not ideal, but they are

:40:14.:40:24.

determined to go on demolishing the slums. Next on the list for

:40:24.:40:29.

clearance is the slum I first visited, Estero de San Miguel,

:40:29.:40:38.

where Mina has invited me back after dark. It is amazing, we're on

:40:38.:40:45.

a bridge, a yard wide, and here, people have built their shan'ties

:40:45.:40:50.

either side of this canal - shantys, either side of this canal, it is

:40:50.:40:57.

only six feet wide in parts. I love the people in this place, but how

:40:57.:41:06.

on earth do people survive? I think that is the ability of the

:41:06.:41:13.

Filipinos to be very adaptive. longer I stay in this place, the

:41:13.:41:17.

more my revulsion at the way people have to live gives way to my

:41:17.:41:23.

admiration of how they do it. And the tunnel itself is full of

:41:23.:41:29.

surprises. How is business, how is the shop going? She just graduated

:41:29.:41:35.

from college. You graduated from college, which college? Iris. Tech

:41:35.:41:45.
:41:45.:41:48.

college kal institute. What did you study? Business administration.

:41:48.:41:56.

is doing my head in, I'm in economic, and I'm talking to a

:41:56.:42:01.

business graduate here. What do you think about the people who want to

:42:01.:42:07.

clear it out? The people who want to demolish us here, please don't

:42:07.:42:13.

do that, because...The Gist of it is we have invested all our money

:42:13.:42:18.

here, we like it here and it is all we really know. You have lived here

:42:18.:42:22.

from birth? Yes. Congratulations to you, many people could not do this.

:42:22.:42:32.
:42:32.:42:32.

Thank you all, good luck with your shop. What is your name? Anis.

:42:33.:42:39.

I'm interested in all these guys in these uniforms, who are they?

:42:39.:42:45.

are my local councillors, and police officers. Police officers?

:42:45.:42:53.

They live also here. Who recruits them? Me. I organise them. I have

:42:53.:42:58.

20 local police. They have all got sticks.

:42:58.:43:02.

One of their main jobs is to protect the slum against arson,

:43:02.:43:09.

because, places resisting demoligs have a strange habit of get -

:43:09.:43:14.

demolition, have a strange habit of getting burned to the ground. I'm

:43:14.:43:19.

stood in the middle of a three-foot wide canal, eight dwellings either

:43:19.:43:24.

side of it, what is this? This is a computer shop. A computer shop in

:43:24.:43:32.

the middle of here? Yes, Sir. have, one, two, three, four, five,

:43:32.:43:39.

six, seven screens, somebody's on Facebook. Somebody's playing poker,

:43:40.:43:43.

and I'm gradually understanding how this settlement is liveable for

:43:43.:43:49.

people. In the space of 100ms, I have met

:43:49.:43:53.

three graduates, a semi-official police force and the social media

:43:53.:43:57.

revolution. With so much invested in this place, social capital,

:43:58.:44:04.

Tennessee, money, there is no - tennancy, money, there is no

:44:04.:44:07.

surprise why they don't want to leave. What will you do? We will

:44:08.:44:12.

barricade, we will fight for it, this is what they want, we will

:44:12.:44:19.

fight for our community. Some architects now think we can learn

:44:19.:44:27.

from slum, afterall, they are human habitats designed without the help

:44:27.:44:32.

of politicians. The measures of zoning and formallised urban

:44:32.:44:42.
:44:42.:44:43.

planning, it fragmented our society. This is a world famous architect

:44:43.:44:47.

who wants to rebuild the Estero de San Miguel, based on the way the

:44:47.:44:53.

land is divided up at present. bridge to connect both

:44:53.:44:57.

neighbourhoods across the canal. That is an optimistic vision

:44:57.:45:01.

compared to what it looks like now. The slum dwellers support the

:45:01.:45:07.

scheme, and the plans are ready and the Government says it is too

:45:07.:45:13.

expensive. Would it not be better to clear it, however painful it is

:45:13.:45:20.

for them, would it not be better to clear it and start again? Since we

:45:20.:45:25.

have become an independent country it is the wrong policy, slum

:45:25.:45:28.

upgrading uproots them from the community. It is also a problem

:45:28.:45:34.

because they keep coming back, they are not assured of jobs where they

:45:34.:45:37.

are relocated. For now that is the approach, the fate of 6,000 people

:45:37.:45:44.

hangs in the balance. We used to think these place would

:45:44.:45:49.

disappear as the world developed. Instead, they have grown. With

:45:49.:45:54.

technology and education, people have found new ways to live in them.

:45:54.:46:03.

And millions of people are heading for them all across the world.

:46:03.:46:13.
:46:13.:46:28.

That's all from Newsnight tonight, we leave you with the news that the

:46:28.:46:33.

iconic Chelsea Hotel in New York, which inspired residents such as

:46:33.:46:43.
:46:43.:46:44.

Bob Dylan, and others, is being gentrified, to the horror of the

:46:44.:46:50.

Manhattan community, the sign says they are no longer taking

:46:50.:46:53.

reservations. # I remember you were in the

:46:53.:46:58.

Chelsea Hotel # We were talking so brave and so

:46:58.:47:04.

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