I thank hon. Members on both sides of the House for the kind and generous sentiments that have been directed towards me and the Under-Secretary of State for Justice, my hon. Friend the Member for Kenilworth and Southam (Jeremy Wright). My fellow new Minister has been sitting beside me for most of the afternoon, but he has just left his place. It is a great honour and privilege to stand at the Dispatch Box.
New clause 4 and other amendments in the group relate to the defence of responsible publication in the public interest, as set out in clause 4. The new clause represents a significant shift in the law towards the interests of defendants. To obtain any remedy beyond explanation, contradiction or correction, the claimant would have to prove malice—a high test that would require the claimant to prove the defendant’s state of mind, which in many cases is likely to be impossible. It could lead, effectively, to people printing what they liked and arguing it was a matter of public interest.
In his very good speech, my right hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes) mentioned the Flood case, but that does not change the core element of the defence of responsible publication. From my experience, courts will continue to interpret editorial discretion, and I therefore think that the Flood case is reflected in the Bill. My right hon. Friend also mentioned an early strike-out, and again my initial response is that courts already have that power under rule 3.4 of the civil procedure rules, which I have witnessed on numerous occasions. Indeed, such action has been threatened against me, and it can be quite intimidating.
The hon. Members for Newcastle-under-Lyme (Paul Farrelly) and for Hayes and Harlington (John McDonnell) were concerned—among other things—about the narrowness of the list of factors for consideration. The list in the Bill has been drawn flexibly. It is illustrative and not exhaustive, and in any event the court must have regard to all the circumstances of the case.
I will not comment on all the points raised today, but I recognise the wide range of opinions about clause 4 and the issues underlying them. This is a complex area about which there are well-argued and deeply held views on both sides of the House. The Ministry of Justice has a largely new ministerial team, but we are determined to get the legislation right and would therefore like to reflect further in light of the helpful points that have been raised by hon. Members in this debate and in Committee, and by stakeholders more generally. If we conclude that there is a better way forward, we will table appropriate amendments in another place.