UK Parliament / Open data

Defamation Bill

Debate on bills and Committee proceeding on Monday, 17 December 2012, in the House of Lords.
Clauses 1 and 2 agreed to.
Type
Parliamentary proceeding
Reference
741 cc413-468GC 
Session
2012-13
Department
Ministry of Justice
Legislative stage
Committee stage
Procedure
New clauses
Chamber / Committee
House of Lords Grand Committee
Defamation Bill 2012-13. Brought from the Commons.
Monday, 8 October 2012
Bills
House of Lords
Proceeding contributions
Lord Colwyn | 741 c413GC (Link to this contribution)

My Lords, it is very unlikely, but should there be a Division in the Chamber we will adjourn for ...

Lord Browne of Ladyton | 741 c413GC (Link to this contribution)

Moved by

Lord Browne of Ladyton

1: Clause 1, page 1, line 3, after “publication” inse...


Show all contributions (85)
Lord Browne of Ladyton | 741 cc413-6GC (Link to this contribution)

My Lords, I beg to move Amendment 1, which is in my name and that of my noble friend Lady Hayter....

Lord Mawhinney | 741 cc416-8GC (Link to this contribution)

My Lords, I am not sure what the proprieties are but for the record I had the privilege of chairi...

Lord Phillips of Sudbury | 741 c418GC (Link to this contribution)

I thank the noble Lord for giving way. Will he explain to us—because it is not clear to me—whethe...

Lord Mawhinney | 741 cc418-9GC (Link to this contribution)

I think the truthful answer to my noble friend is that I cannot tell him that. However, my unders...

Lord Scott of Foscote | 741 c419GC (Link to this contribution)

My Lords, Amendments 1 and 2 seem thoroughly sensible and I support them without hesitation. Howe...

Lord Mawhinney | 741 c419GC (Link to this contribution)

I am grateful to the noble and learned Lord. I quite understand the argument. If the guidance iss...

Lord Scott of Foscote | 741 c419GC (Link to this contribution)

I do not think that would fall foul of it at all. If the parties are given sufficient time to col...

Lord Faulks | 741 cc419-420GC (Link to this contribution)

I declare an interest as a practising barrister. I practise principally in the law of tort, which...

Lord May of Oxford | 741 c420GC (Link to this contribution)

I shall offer some thoughts as a practising scientist who on one occasion only was confronted wit...

Lord Lester of Herne Hill | 741 c421GC (Link to this contribution)

I was not going to speak until I heard the noble Lord, Lord May, just now. He is identifying one ...

Lord McNally | 741 cc421-2GC (Link to this contribution)

My Lords, I shall begin with my usual disclaimer. I am not a lawyer. As I often say about my frie...

Lord Phillips of Sudbury | 741 c422GC (Link to this contribution)

I am sorry to interrupt but I am trying to be helpful to my noble friend. I think that he just re...

Lord Phillips of Sudbury | 741 c422GC (Link to this contribution)

I am most grateful, because I have a letter from 8 October.

Lord McNally | 741 cc422-4GC (Link to this contribution)

It was my fault. I thank my noble friend for drawing my attention to that. I hope that that sets ...

Lord Mawhinney | 741 c424GC (Link to this contribution)

Two things seem to be beyond dispute. One is that powers already exist for the courts to exercise...

Lord McNally | 741 cc424-5GC (Link to this contribution)

First, I have already pointed out that my noble friend’s concerns about costs are being addressed...

Lord Browne of Ladyton | 741 cc425-6GC (Link to this contribution)

My Lords, with all respect—a phrase that lawyers use when they have no respect—to all noble Lords...

Lord Browne of Ladyton | 741 c426GC (Link to this contribution)

If the noble Lord will excuse me, I will give way to his noble friend the solicitor first; then I...

Lord Phillips of Sudbury | 741 c426GC (Link to this contribution)

I must confess to being confused by the noble Lord’s argument. He started with a passionate point...

Lord Browne of Ladyton | 741 c427GC (Link to this contribution)

I am grateful to the noble Lord for his intervention but I am perfectly happy to adopt the distin...

Lord Lester of Herne Hill | 741 cc427-8GC (Link to this contribution)

The noble Lord said that I was technically correct. That is fine. If I am technically correct, th...

Lord Browne of Ladyton | 741 c428GC (Link to this contribution)

I accept what the noble Lord has said and I respect it enormously. I do not treat it light-hearte...

Lord May of Oxford | 741 cc428-9GC (Link to this contribution)

I do bear in mind that we want to move on. I may well have missed some of the points, but I think...

Lord Browne of Ladyton | 741 c429GC (Link to this contribution)

I am again grateful to the noble Lord, Lord May, whom I think I misnamed earlier. However, I have...

Lord Hunt of Wirral | 741 c429GC (Link to this contribution)

Moved by

Lord Hunt of Wirral

3A: Clause 1, page 1, line 4, at end insert—

“( ) ...

Lord Hunt of Wirral | 741 cc429-430GC (Link to this contribution)

My Lords, as I move this amendment I would like to highlight the fact that it is currently imposs...

Baroness Bakewell | 741 cc430-1GC (Link to this contribution)

My Lords, my contribution to this debate will be anecdotal. I am a lay person. I am not a very ex...

Lord Lester of Herne Hill | 741 cc431-2GC (Link to this contribution)

I do not know whether my noble friend Lord Hunt knows the history of this interesting idea. In 19...

Lord Faulks | 741 c433GC (Link to this contribution)

My Lords, not out of loyalty to my late uncle, I think there was a considerable amount in the maj...

Lord Browne of Ladyton | 741 cc433-4GC (Link to this contribution)

My Lords, in the House of Commons, Helen Goodman sought to amend this Bill to allow certain categ...

Lord Lester of Herne Hill | 741 c434GC (Link to this contribution)

Leaving aside smoking for the moment, how does the noble Lord respond to these various committees...

Lord Browne of Ladyton | 741 c434GC (Link to this contribution)

I am enormously grateful to the noble Lord, Lord Lester, but perhaps my powers of advocacy have f...

Lord Scott of Foscote | 741 c434GC (Link to this contribution)

My Lords, perhaps I may add to what has been said. The inability to bring an action for defamatio...

Lord McNally | 741 cc435-6GC (Link to this contribution)

My Lords, again we are indebted to my learned friends for enlightening this debate. Dealing with ...

Lord Hunt of Wirral | 741 cc436-7GC (Link to this contribution)

My Lords, I thank my noble friend the Minister very much indeed for his response. He said that he...

Lord Mawhinney | 741 c438GC (Link to this contribution)

Moved by

Lord Mawhinney

4: After Clause 1, insert the following new Clause—

“Re...

Lord Mawhinney | 741 cc438-440GC (Link to this contribution)

My Lords, I start by saying to the noble Lord, Lord May, how much I appreciated his earlier speec...

Lord Lester of Herne Hill | 741 c439GC (Link to this contribution)

I am not sure whether the noble Lord has followed what the Minister was saying. The Government ha...

Lord Mawhinney | 741 c439GC (Link to this contribution)

As always, I am grateful to the noble Lord for his interjections. Let me cheer him up by assuring...

Baroness Hayter of Kentish Town | 741 cc439-442GC (Link to this contribution)

Before I speak to the amendment that has just been moved, and to Amendment 8 which is tabled in m...

Lord Triesman | 741 cc442-3GC (Link to this contribution)

My Lords, I have broad sympathy with this amendment and with Amendment 8, and I want to share a s...

Lord Faulks | 741 c443GC (Link to this contribution)

My Lords, I support these amendments and what the noble Lord, Lord Triesman, said. He is quite ri...

Lord Lester of Herne Hill | 741 cc443-4GC (Link to this contribution)

My Lords, some believe that corporations should not be allowed to sue for libel at all. I think t...

Lord Browne of Ladyton | 741 c444GC (Link to this contribution)

I apologise that I was out of the Room when the noble Lord started speaking, but I substantially ...

Lord Lester of Herne Hill | 741 cc444-5GC (Link to this contribution)

I should be careful what I say, because I shall now offend some members of what is known as the l...

Lord May of Oxford | 741 c445GC (Link to this contribution)

I am wholly in favour of these two amendments. I want to raise one question that probably illustr...

Lord Phillips of Sudbury | 741 cc446-7GC (Link to this contribution)

My Lords, the noble Lord, Lord Hunt of Wirral, is not here, but he made me think that I should ha...

Baroness Hayter of Kentish Town | 741 c447GC (Link to this contribution)

My Lords, although I am sure Lord Mawhinney will respond, as he moved this group, I shall make on...

Lord McNally | 741 cc447-8GC (Link to this contribution)

I have known the noble Baroness so long that I know when she is tempting me into sin. However, th...

Lord Mawhinney | 741 c448GC (Link to this contribution)

I am grateful to my noble friend. I understand the point that he makes and he understands that pa...

Lord McNally | 741 cc448-450GC (Link to this contribution)

In terms of what was actually said to Lord Dyson, if it is on the record somewhere, I will make i...

Lord Lester of Herne Hill | 741 c450GC (Link to this contribution)

Most of what the Minister has said is extremely persuasive, and certainly his criticism of Amendm...

Lord McNally | 741 c450GC (Link to this contribution)

Once again I shall use my ultimate defence: I am not a lawyer, so I am not going to say yes on th...

Lord Mawhinney | 741 cc450-2GC (Link to this contribution)

I accept without reservation the determination of my noble friend the Minister to face the real i...

Lord Mawhinney | 741 c452GC (Link to this contribution)

Moved by

Lord Mawhinney

5: After Clause 1, insert the following new Clause—

“Re...

Lord Mawhinney | 741 cc452-3GC (Link to this contribution)

My Lords, this amendment gets to the heart of one of the other major issues that we addressed in ...

Lord Browne of Ladyton | 741 cc453-5GC (Link to this contribution)

I shall also speak to Amendment 7, which stands in my name and in the name of my noble friend. Th...

Lord Faulks | 741 c455GC (Link to this contribution)

My Lords, I understand what is behind these amendments and of course I share the desire of other ...

Lord May of Oxford | 741 c455GC (Link to this contribution)

I commend very highly subsections (5)(c) and (d) of the new clause proposed under Amendment 7. Th...

Lord McNally | 741 cc455-7GC (Link to this contribution)

My Lords, again, I want to be able to think about and to look at the arguments that have been dep...

Lord Triesman | 741 c457GC (Link to this contribution)

My Lords, I was loath to interrupt the Minister while he was in full flow, but if I have understo...

Lord McNally | 741 c457GC (Link to this contribution)

Again, because I am not a lawyer, I will take that away and take advice on it. As regards wealthy...

Lord Faulks | 741 c457GC (Link to this contribution)

Before the Minister finally sits down, I hope that I may ask him one further thing. This is somet...

Lord McNally | 741 c458GC (Link to this contribution)

Again, I will take that matter back. The noble Lord may be interested to know that my right honou...

Lord Mawhinney | 741 c458GC (Link to this contribution)

My Lords, I thank the Minister for putting on the record the Government’s reaction to these amend...

Lord Browne of Ladyton | 741 cc458-460GC (Link to this contribution)

My Lords, I beg to move. This amendment follows very closely the wording of the draft Bill of the...

Lord Geddes | 741 c460GC (Link to this contribution)

Not unusually, the noble Lord begged to move his amendment at the beginning rather than the end o...

Lord Lester of Herne Hill | 741 c460GC (Link to this contribution)

My Lords, it is true that my Bill had a similar revision in it, but it did not have a serious har...

Lord Mawhinney | 741 c460GC (Link to this contribution)

I shall read out a short excerpt from our report. Paragraph 87 states:

“Once our proposals ...

Lord McNally | 741 c461GC (Link to this contribution)

My Lords, I may have been rather hasty in saying that the Lord Chancellor is in favour of county ...

Lord Browne of Ladyton | 741 cc461-2GC (Link to this contribution)

My Lords, I shall do my best to get my words in the right order, something that I am learning to ...

Baroness Hayter of Kentish Town | 741 c462GC (Link to this contribution)

Moved by

Baroness Hayter of Kentish Town

9: After Clause 1, insert the following new ...

Baroness Hayter of Kentish Town | 741 cc462-4GC (Link to this contribution)

My Lords, there are good reasons for the amendment, which I think is probably one that the Minist...

Lord Lester of Herne Hill | 741 cc464-5GC (Link to this contribution)

My Lords, I declare an ancient professional interest. I was counsel in the Derbyshire case from b...

Lord Lucas | 741 cc465-6GC (Link to this contribution)

My Lords, if this amendment was passed, it would make my life notably more comfortable, but none ...

Lord Faulks | 741 c466GC (Link to this contribution)

Would not my noble friend’s criticisms in the capacity in which he has described them be protecte...

Lord Lucas | 741 c466GC (Link to this contribution)

Yes, but that is not the way things operate in practice. A lot of the time, the views expressed b...

Lord Ahmad of Wimbledon | 741 cc466-7GC (Link to this contribution)

My Lords, listening to our debate with great attention means that one defines it almost along the...

Baroness Hayter of Kentish Town | 741 c467GC (Link to this contribution)

My Lords, I thank the noble Lord for that response. I also thank the noble Lords, Lord Lucas and ...

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