Defamation Bill [HL]

I would like to see it more extensively applied. Some are well known for their overall attitude towards the need for mediation, but I would like to see an early neutral evaluation of the merits of a case, ideally producing a non-binding recommendation. This would help to address the huge gulf that has grown up between the likely costs of a libel action and the ability to pay for the overwhelming majority of citizens. In another outstandingly good maiden speech, the importance that the noble Baroness, Lady Hayter of Kentish Town, applied to access to justice lies at the heart of this debate. I declare an interest as one of the original assessors to Lord Justice Jackson’s review on costs. Ministers are now looking seriously at the conclusions of that excellent review of costs and I hope that libel reform will dovetail neatly with all the other reforms aimed at bringing costs under control. In particular, Ministers will have to come to a view on the question of success fees after the previous botched and unilateral attempt to cap them, supposedly as an interim measure. My noble friend the Minister of State has already indicated, in response to a Question from my noble friend Lord Lester on 21 June, that he is fully aware of the crucial link. The state of the public finances has forced us all to concentrate on where economies can and must be made. However, in this instance, fiscal necessity and much needed principled reform coincide perfectly. I hope the House today will put its weight clearly, firmly and decisively behind the principles of libel reform. Starting from first principles, our assumption must always be in favour of freedom of expression, and libel laws should not be an exclusive playground for the rich and powerful. However, let us not legislate in haste and repent at leisure. Experience tells us that libel law is not easy to reform, so let us resolve to build legislation that will last.