Defamation Bill [HL]

That is the end of his political career! The noble Lord, Lord McNally, will answer on behalf of the Government, and I trust that he will take the wise counsel of the noble Lord, Lord Lester, and give this Bill a fair wind. I have known a bit about libel from the time that I received the first ever writ on almost my first day at the Fabian Society, having succeeded the late Lord Ponsonby of Shulbrede when he arrived in your Lordships’ House. However, I have also found my name in Private Eye, the Sunday Sport and various other places in ways to which I have certainly objected. As the noble and learned Lord, Lord Hoffmann, said, there is a delicate balancing act in this area. We need strong protections for the ordinary individual, perhaps vilified for things they never did—for example, the teacher or social worker falsely accused, the victim of a crime or mishap who somehow becomes the story or even the target for revenge, or the unwitting bystander caught up in someone else’s fight. Indeed, as chair of the Legal Services Consumer Panel—not an interest that is particularly declarable, as defamation is way outside our bailiwick—I constantly champion the interests of those who need, but are often denied, access to justice. We must protect the ability of those unfairly pillared in the press to have the legal means to pursue a claim. The other side of the balance is the need for free speech, although not unfettered, irresponsible free speech. However, as citizens, we have the right to hear those campaigning on our behalf, particularly against the self-interest of the large, powerful or well organised who have vested interests, which of course can also include the state itself. When I was the chief executive of Alcohol Concern, I was once threatened with a writ by one of the country’s largest brewers over the most trivial and nonsensical of issues. But it was a warning. I believe in that adage that sunshine is the best disinfectant. That sunshine is often brought to us by campaigners and journalists, who can use their talents, the freedom of information provisions, research and knowledge to raise public issues on our behalf, whether about food or drug safety, medicine, professional practices, planning or other vital decisions taken behind closed doors, often by the rich or powerful. Citizens have a right to be well informed on matters of public interest, public health and public good, and to be kept abreast of the ideas and information generated on all of these. Rarely is the law court the right venue for such debate. Scientific discourse should take place in academic journals and seminars, not in our courts, unless well defined barriers are crossed. I shall give just one example of where the threat of legal action nearly diminished our access to information, and I speak as the doting grandmother of Poppy and Isaac, who are too young to be with us today and so are young enough to be in need of safe, reliable and tested child car seats. As the House will know, the brilliant and highly reliable Consumers’ Association, or Which?, campaigns on all our behalves over a wide range of goods and services. Two years ago, Which? published its annual child car seat report, which included some "Don't Buy" recommendations—vital for every young family to know. Which? was promptly threatened by the manufacturers with being sued for libel and malicious falsehoods unless it completely retracted. Luckily for parents, Which? refused, knowing the robustness of its research and also confident of its reputation. However, a year of correspondence, time and money were used up. Which? had better things to do with that effort, and we, as consumers, would otherwise have been denied our right to know what was best for young passengers. The problem is that the very threat of libel action from a body with a large vested interest can silence public discourse. Citizens’ representatives can censor themselves for fear of a libel action, as the legal costs could bankrupt the individual or their organisation. That means that we, as consumers of information and ideas, cannot hear what we need for our own democracy and well-being. It is for exactly such issues and to prevent such mischief that your House—now I can say "our House"—is so well suited. Our present libel laws are not fit for purpose, and we have the chance to change this. We want to defend the right to protect an individual's reputation from slander, innuendo and defamation. But there has to be a better balance between this and the public’s right to good and greater information and opinion. This Bill, ably put together by the noble Lord, Lord Lester, seeks to do just that. I urge the Minister to take heed of his wise counsel and of the demands of English PEN, Sense About Science, Which? and the medical colleges, and give this Bill a very fair and speedy wind to help open up the secrets of decision-makers and corporate interests, for the sake of all our citizens.