UK Parliament / Open data

Defamation Bill

Debate on bills on Wednesday, 12 September 2012, in the House of Commons, led by Jeremy Wright. The answering member was Sadiq Khan.
New clause 1 agreed to. New clause 2 negatived on division. New clause 4 withdrawn. Third reading agreed to on question. Bill passed with amendments.
Type
Parliamentary proceeding
Reference
550 cc308-381 
Session
2012-13
Department
Ministry of Justice
Legislative stage
Third reading and Report stage
Procedure
New clauses
Chamber / Committee
House of Commons chamber
Defamation Bill Committee Stage Report
Monday, 3 September 2012
Research briefings
Proceeding contributions
Jeremy Wright | 550 c309 (Link to this contribution)

I beg to move, That the clause be read a Second time.

Lindsay Hoyle | 550 c309 (Link to this contribution)

With this it will be convenient to discuss the following:

Amendment 7, page 3, line 22, lea...


Show all contributions (103)
Jeremy Wright | 550 cc309-311 (Link to this contribution)

New clause 1 deals with an issue raised in Committee by the hon. Member for Newcastle-under-Lyme ...

Denis MacShane | 550 c311 (Link to this contribution)

What comment will the Minister make on the fact that Wikipedia publishes biographies of people th...

Jeremy Wright | 550 c311 (Link to this contribution)

I understand exactly what the right hon. Gentleman is saying, but he will appreciate that the lim...

Helen Goodman | 550 cc311-5 (Link to this contribution)

I am pleased to have the opportunity to speak to Government new clause 1, Government amendments 5...

Simon Hughes | 550 cc314-7 (Link to this contribution)

Let me begin by welcoming my colleagues who have just joined the team—the new Under-Secretaries o...

Paul Farrelly | 550 c316 (Link to this contribution)

May I both welcome the new ministerial team and put on record my sadness that the hon. Member for...

Jeremy Wright | 550 c316 (Link to this contribution)

I thank Members for their kind words of welcome to me and my fellow Justice Minister, my hon. Fri...

Robert Flello | 550 c318 (Link to this contribution)

The hon. Gentleman was not in Committee.

Jeremy Wright | 550 cc318-320 (Link to this contribution)

Well, I have read the Hansard reports and I thought the hon. Lady was harsh on my hon. Friend.

Denis MacShane | 550 c320 (Link to this contribution)

Inadvertently, the Minister has just torn up, buried, driven a stake through one of the oldest pr...

Jeremy Wright | 550 c320 (Link to this contribution)

The right hon. Gentleman slightly over-dramatises the position; I am not saying that at all. I am...

Peter Bottomley | 550 c320 (Link to this contribution)

What would have happened if 22 years ago someone had had a website and they had published their s...

Jeremy Wright | 550 c320 (Link to this contribution)

My hon. Friend raises some fair questions. I know that he will forgive me if I do not litigate a ...

Jeremy Wright | 550 c321 (Link to this contribution)

Before doing so, I will give way, one last time, to the hon. Gentleman.

Paul Farrelly | 550 c321 (Link to this contribution)

The Minister has been clear that he wishes courts to make orders only after successful defamation...

Jeremy Wright | 550 c321 (Link to this contribution)

Of course they do. The hon. Gentleman is right to say that I omitted to mention that and of cours...

Robert Flello | 550 cc321-2 (Link to this contribution)

I beg to move, That the clause be read a Second time.

I have already welcomed both new Mini...

Peter Bottomley | 550 c322 (Link to this contribution)

Was the case of Mr Jefferies, which the hon. Gentleman rightly raises, pursued under defamation l...

Robert Flello | 550 cc322-5 (Link to this contribution)

I refer the hon. Gentleman to my new clause; I think he will then get the point.

Sylvia Hen...

Lord Garnier | 550 cc325-6 (Link to this contribution)

It is a pleasure to speak in the debate because it gives me the opportunity to congratulate my ho...

Paul Farrelly | 550 cc326-7 (Link to this contribution)

I support the comments of my hon. Friend the Member for Stoke-on-Trent South (Robert Flello) and ...

Gloria De Piero | 550 c327 (Link to this contribution)

There seems to be some consensus that the main obstacle to pursuing a defamation claim would be l...

Paul Farrelly | 550 c327 (Link to this contribution)

I entirely agree. I do not propose a return to the bad old regime, but I hope that the Government...

Simon Hughes | 550 cc327-8 (Link to this contribution)

I welcome back to our debates the former Solicitor-General, whom I thank for his work in that off...

Peter Bottomley | 550 cc328-9 (Link to this contribution)

On 24 May, in a written ministerial statement, my hon. Friend the Member for Huntingdon (Mr Djano...

Jeremy Wright | 550 cc329-331 (Link to this contribution)

May I begin by expressing pleasure at seeing my hon. and learned Friend the Member for Harborough...

Robert Flello | 550 cc331-2 (Link to this contribution)

The hon. and learned Member for Harborough (Mr Garnier) suggested that the Defamation Act 1999 wa...

Jeremy Wright | 550 c332 (Link to this contribution)

Let me be clear about what I said: it has long been argued by newspaper editors that there is a c...

Robert Flello | 550 c332 (Link to this contribution)

I appreciate the Minister’s clarification, but I think that the newspapers will always claim that...

Simon Hughes | 550 c333 (Link to this contribution)

I beg to move, That the clause be read a Second time.

Nigel Evans | 550 c333 (Link to this contribution)

With this it will be convenient to discuss the following:

Amendment 9, page 2, line 40, in ...

Simon Hughes | 550 cc333-9 (Link to this contribution)

This debate is about how we deal with what is or is not a matter of public interest—which, in its...

Peter Bottomley | 550 c339 (Link to this contribution)

The right hon. Gentleman might prefer to leave this question to the Minister to answer. If that s...

Simon Hughes | 550 cc339-341 (Link to this contribution)

My understanding of the situation is that, once we expressly repeal the common law defence and en...

Paul Farrelly | 550 c341 (Link to this contribution)

I am fully aware of the provenance of the new clause and of the sterling work done by the Libel R...

Simon Hughes | 550 cc341-3 (Link to this contribution)

I accept that, and I pay tribute to the hon. Gentleman’s work, which has been gleaned from his ex...

Fiona Mactaggart | 550 c343 (Link to this contribution)

The right hon. Gentleman referred to strike-out clauses. He is probably aware of the case of my c...

Simon Hughes | 550 c343 (Link to this contribution)

I know about that particular case; indeed, it has become something of a cause célèbre. I support ...

Paul Farrelly | 550 c344 (Link to this contribution)

I seek your guidance, Mr Deputy Speaker, as I was standing to move amendments 9, 10, 11 and 12. I...

Nigel Evans | 550 c344 (Link to this contribution)

You can discuss those amendments at this point.

Paul Farrelly | 550 cc344-5 (Link to this contribution)

Thank you very much, Mr Deputy Speaker.

Amendment 9 is the first of a series aimed at eithe...

Stephen Phillips | 550 c345 (Link to this contribution)

I understand the hon. Gentleman’s point about the reporting of investigations, but is not one of ...

Paul Farrelly | 550 cc346-7 (Link to this contribution)

The hon. and learned Gentleman makes a fine point. The purpose of my amendment, which I shall not...

Lord Garnier | 550 c347 (Link to this contribution)

I listened with the greatest possible care to what the right hon. Member for Bermondsey and Old S...

Peter Bottomley | 550 c347 (Link to this contribution)

Clause 4(6) states:

“The common law defence known as the Reynolds defence is abolished.”

Lord Garnier | 550 c347 (Link to this contribution)

Yes and no. Subsection (2) includes the phrase “amongst other matters”, so it puts what Lord Nich...

John McDonnell | 550 c348 (Link to this contribution)

It is entertaining to be following the hon. and learned Member for Harborough (Mr Garnier), not l...

John McDonnell | 550 cc348-9 (Link to this contribution)

Let us not go into it now; we can discuss it another time.

I am the secretary of the parlia...

Denis MacShane | 550 c349 (Link to this contribution)

Many years ago, early in my trade union life, the Daily Mail made up quotes, attributed to me, re...

John McDonnell | 550 cc349-351 (Link to this contribution)

I would say that falls on the basis of clear malice on the part of the journalist.

The poin...

Peter Bottomley | 550 cc351-2 (Link to this contribution)

I welcome this debate. I understand that new clause 4 is not going to be pressed to a Division, s...

Paul Farrelly | 550 c352 (Link to this contribution)

I draw the hon. Gentleman’s attention to new clause 5, which was tabled by the right hon. Member ...

Peter Bottomley | 550 c352 (Link to this contribution)

I am grateful to the hon. Gentleman for his intervention and will end my remarks on this point. I...

Robert Flello | 550 cc352-3 (Link to this contribution)

Clause 4 is an important, central part of the Bill, but some commentators believe that, as drafte...

Robert Flello | 550 cc353-4 (Link to this contribution)

Indeed. As I was about to say, because we both know their provenance, we understand the reasons f...

Helen Grant | 550 cc354-5 (Link to this contribution)

I thank hon. Members on both sides of the House for the kind and generous sentiments that have be...

Peter Bottomley | 550 c355 (Link to this contribution)

I am most grateful to the hon. Lady, and may I say on behalf of hon. Members on both sides of the...

Helen Grant | 550 c355 (Link to this contribution)

I cannot comment on the details of individual cases, but if my hon. Friend writes to me, I will l...

Simon Hughes | 550 cc355-6 (Link to this contribution)

I shall be brief in winding up this valuable debate. I am grateful to colleagues, who have expres...

John McDonnell | 550 c356 (Link to this contribution)

I suggest to the right hon. Gentleman and the parties that there should be a discussion on the pr...

Simon Hughes | 550 c356 (Link to this contribution)

I am grateful to the hon. Gentleman.

Denis MacShane | 550 c356 (Link to this contribution)

It is vital that the other place slows the Bill down because it is in lock-step with Leveson. The...

Simon Hughes | 550 c356 (Link to this contribution)

I agree that there is complete and utter whatever-it-is between the two.

Peter Bottomley | 550 c356 (Link to this contribution)

I disagree with the good people on the Opposition Benches. This Bill is about defamation. We know...

Simon Hughes | 550 cc356-7 (Link to this contribution)

We are hearing a quick last set of bids for how the Government should proceed. The point that wil...

Robert Flello | 550 cc361-2 (Link to this contribution)

I beg to move amendment 8, page 8, line 26, leave out from ‘court’ to end of line 28 and insert—<...

Peter Bottomley | 550 c362 (Link to this contribution)

I am grateful to the hon. Member for Stoke-on-Trent South (Robert Flello) for raising this subjec...

Helen Grant | 550 c362 (Link to this contribution)

Amendment 8 would add two additional hurdles to overcome before a court had jurisdiction to hear ...

Robert Flello | 550 cc362-3 (Link to this contribution)

I hear what the Minister says. However, I urge her to consider the amendment again, if I am not s...

Lord Grayling | 550 cc363-9 (Link to this contribution)

I beg to move, That the Bill be now read the Third time.

I am pleased to be here for this T...

Sadiq Khan | 550 cc369-370 (Link to this contribution)

First, I take the opportunity to congratulate and welcome the entire Front-Bench Justice team to ...

David Morris | 550 cc371-2 (Link to this contribution)

It is an honour to be the first Back Bencher called in this debate, Mr Speaker.

This is an ...

Denis MacShane | 550 cc372-3 (Link to this contribution)

This is a welcome Bill. I welcome the constructive approach of the new Secretary of State and his...

John Bercow | 550 c373 (Link to this contribution)

Order. May I ask the right hon. Gentleman to confirm that the cases that he is describing are not...

Denis MacShane | 550 c373 (Link to this contribution)

No, Sir, they are not. They are just filed at the moment and can be discussed. No charges have be...

Peter Bottomley | 550 c373 (Link to this contribution)

You, Mr Speaker, and the right hon. Gentleman may remember that when we debated the Sergei Magnit...

Denis MacShane | 550 cc373-4 (Link to this contribution)

I will freely do so. I do not want to drag this debate into the Magnitsky affair, but it is remar...

Lord Garnier | 550 c374 (Link to this contribution)

I will not follow the same acerbic path as the right hon. Member for Rotherham (Mr MacShane).

...
Lord Grayling | 550 c374 (Link to this contribution)

I am not sure whether this is the appropriate time, but I am sure that the whole House would like...

Lord Garnier | 550 cc374-5 (Link to this contribution)

In parenthesis to what I was saying about the right hon. Member for Rotherham, I thank my right h...

Peter Bottomley | 550 c375 (Link to this contribution)

There is one obvious problem with putting into statute things decided by judges and juries, which...

Lord Garnier | 550 c375 (Link to this contribution)

It is probably unwise to give cocktail advice across the Chamber, even to my hon. Friend.

Lord Garnier | 550 cc375-6 (Link to this contribution)

Yes, especially for free.

The Derbyshire county council case was a development of the commo...

Lord Garnier | 550 c376 (Link to this contribution)

I have clearly puzzled the right hon. Gentleman so I will let him intervene.

Denis MacShane | 550 c376 (Link to this contribution)

The concept of forum non conveniens—I think that is the Latin phrase—is quite well known. An empl...

Lord Garnier | 550 c376 (Link to this contribution)

I do not want to descend into the right hon. Gentleman’s difficulties with lawyers and he will ha...

Paul Farrelly | 550 cc376-8 (Link to this contribution)

I, too, welcome the new Secretary of State, but I do not want to forget the outgoing Secretary of...

Simon Hughes | 550 cc378-9 (Link to this contribution)

I join hon. Members in thanking the outgoing ministerial team and the former Secretary of State f...

Peter Bottomley | 550 cc379-380 (Link to this contribution)

I will not follow what the right hon. Member for Rotherham (Mr MacShane) said about the Sergei Ma...

Bob Russell | 550 cc380-1 (Link to this contribution)

It was the late Enoch Powell who was first quoted in The Guardian, in December 1984, as saying:

Baroness Primarolo | 550 c381 (Link to this contribution)

Order. I have allowed the hon. Gentleman to make his case, but we are supposed to be debating Thi...

Bob Russell | 550 c381 (Link to this contribution)

I think, Madam Deputy Speaker, that defamation takes many forms, and when it is in the printed fo...

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