UK Parliament / Open data

Defamation Bill

Debate on bills and Committee proceeding on Tuesday, 15 January 2013, in the House of Lords.
Clause 5 agreed to as amended. Clause 6 agreed to.
Type
Parliamentary proceeding
Reference
742 cc181-240GC 
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 | 742 c181GC (Link to this contribution)

My Lords, if there is a Division in the House, the Committee will adjourn for 10 minutes. This is...

Lord Browne of Ladyton | 742 c181GC (Link to this contribution)

My Lords, I am very grateful to your Lordships for allowing the possibility of raising an issue t...


Show all contributions (96)
Lord Lester of Herne Hill | 742 c181GC (Link to this contribution)

Assuming it is permissible for me to do so, I will say in response—because I was involved in the ...

Lord McNally | 742 c182GC (Link to this contribution)

My Lords, the reason I buried my head in my hands is that the noble Lord, Lord Lester, explained ...

Lord Colwyn | 742 c182GC (Link to this contribution)

We now resume debate on Amendment 23A.

Clause 5 : Operators of websites

Lord Faulks | 742 cc182-4GC (Link to this contribution)

My Lords, in addressing the group that includes Amendment 23A, I have had a chance to reflect on ...

Lord Mawhinney | 742 cc184-6GC (Link to this contribution)

My Lords, part of my role in this Committee has been, as accurately as I can, to reflect the evid...

Earl of Erroll | 742 cc186-8GC (Link to this contribution)

My Lords, as I was about to say when Christmas interrupted, I should like to talk about the amend...

Lord Lester of Herne Hill | 742 cc188-9GC (Link to this contribution)

My Lords, first, perhaps I may say how glad I am that Sir Brian Neill is with us now, having reco...

Lord Ahmad of Wimbledon | 742 cc189-194GC (Link to this contribution)

My Lords, as the debate, albeit part two of the debate that we started before Christmas, has indi...

Lord Phillips of Sudbury | 742 c193GC (Link to this contribution)

Does my noble friend have any comprehension of just what that last process would require from the...

Lord Ahmad of Wimbledon | 742 cc193-5GC (Link to this contribution)

As I alluded to in my opening comments, this is about getting the balance right. If there were su...

Lord Mawhinney | 742 c195GC (Link to this contribution)

My noble friend started by saying that it was Government’s policy to achieve a balance and he rep...

Lord Ahmad of Wimbledon | 742 cc195-6GC (Link to this contribution)

I thank my noble friend for his intervention, although my recollection of the David and Goliath s...

Lord Mawhinney | 742 c196GC (Link to this contribution)

I thank my noble friend but encourage him to edge slightly closer to answering my question. He sa...

Lord Ahmad of Wimbledon | 742 cc196-7GC (Link to this contribution)

Theology is always one to park, but, as a man of faith—and as a fellow man of faith—I take my nob...

Lord Faulks | 742 c197GC (Link to this contribution)

I am grateful to the Minister for giving way; he has been patient and has had to deal with a lot ...

Lord Ahmad of Wimbledon | 742 c197GC (Link to this contribution)

I hear what my noble friend says. Perhaps we can refer to this matter; he makes a valid point. As...

Lord Lucas | 742 cc197-8GC (Link to this contribution)

My Lords, I was encouraged by my noble friend’s response, and by his batting at the subsequent bo...

Lord Ahmad of Wimbledon | 742 c198GC (Link to this contribution)

I would of course be happy to arrange a meeting. The benefit of being in the Moses Room is that y...

Baroness Hayter of Kentish Town | 742 cc198-201GC (Link to this contribution)

My Lords, as in December I wished the Committee a happy Christmas, maybe now that the Minister is...

Lord Lester of Herne Hill | 742 c201GC (Link to this contribution)

Moved by

Lord Lester of Herne Hill

26: Clause 5, page 4, line 2, at end insert “and u...

Lord Lester of Herne Hill | 742 cc201-3GC (Link to this contribution)

My Lords, the amendment is grouped with Amendment 27 in the names of by the noble Viscount, Lord ...

Lord Browne of Ladyton | 742 c203GC (Link to this contribution)

I do not wish to interfere with the noble Lord’s attempt to be brief. Will he consider the observ...

Lord Lester of Herne Hill | 742 cc203-4GC (Link to this contribution)

My Lords, that may be so, in which case I made a false point on that. However, my main point is t...

Lord Phillips of Sudbury | 742 c204GC (Link to this contribution)

I think I know what my noble friend means in the distinction between what is defamatory and what ...

Lord Lester of Herne Hill | 742 c204GC (Link to this contribution)

I am sure my noble friend Lord Phillips understands that I am speaking clothed in the majesty of ...

Viscount Simon | 742 c204GC (Link to this contribution)

Before I propose Amendment 26, perhaps I may ask noble Lords to curtail their enthusiasm in askin...

Viscount Colville of Culross | 742 cc204-7GC (Link to this contribution)

Clause 5 is very welcome as it recognises the huge problems facing both complainants and defendan...

Lord Morris of Aberavon | 742 c206GC (Link to this contribution)

My Lords, I make a brief intervention. I listened very carefully to what the noble Lord, Lord Les...

Lord Marks of Henley-on-Thames | 742 cc208-210GC (Link to this contribution)

My Lords, I shall speak in broad support of the sentiment behind Amendment 27 in the names of the...

Lord Allan of Hallam | 742 c210GC (Link to this contribution)

My Lords, I remind the Committee of my earlier declaration of interest that I work for Facebook, ...

Lord May of Oxford | 742 c210GC (Link to this contribution)

This is possibly a stupid point, and it may reveal my misunderstanding, but as I look at this—I s...

Lord Allan of Hallam | 742 cc211-2GC (Link to this contribution)

I think that the noble Lord, Lord May, is correct. If I understand the intent of the amendment of...

Lord Phillips of Sudbury | 742 c212GC (Link to this contribution)

My Lords, I persist in seeing this Bill from the point of view of the little man. Others tend to ...

Viscount Colville of Culross | 742 c213GC (Link to this contribution)

I emphasise that this must be a voluntary process. I said that this was a probing suggestion for ...

Lord Phillips of Sudbury | 742 c213GC (Link to this contribution)

I simply wrap up my point by saying that I am anxious about having this paragraph in the amendmen...

Earl of Erroll | 742 c213GC (Link to this contribution)

I shall make a couple of comments about Amendment 27, particularly after the remarks of the noble...

Lord Faulks | 742 cc213-4GC (Link to this contribution)

My Lords, because of my general opposition to this clause, it is obvious that I would also oppose...

Lord Lucas | 742 cc214-5GC (Link to this contribution)

My Lords, I support what my noble friend has just said. Having listened to the various alternativ...

Baroness Hayter of Kentish Town | 742 cc215-6GC (Link to this contribution)

My Lords, perhaps I may slightly correct the noble Viscount, Lord Colville of Culross, who I thin...

Lord May of Oxford | 742 c216GC (Link to this contribution)

Many of the more celebrated cases in the libel tourism that has generated all this activity, such...

Lord Marks of Henley-on-Thames | 742 c216GC (Link to this contribution)

I trespass on the noble Baroness’s time by giving another simple contemporary example. If I had s...

Baroness Hayter of Kentish Town | 742 c217GC (Link to this contribution)

It has to be substantially true, actually; he had only to be a bit of a paedophile, had you had t...

Lord Lester of Herne Hill | 742 c217GC (Link to this contribution)

The noble Baroness has misunderstood. Clause 5 is not about whether you can bring a claim. It sta...

Baroness Hayter of Kentish Town | 742 cc217-8GC (Link to this contribution)

That is clear, but it still seems to be a higher barrier to take action against an operator of a ...

Lord Ahmad of Wimbledon | 742 cc218-220GC (Link to this contribution)

My Lords, I thank all noble Lords who have taken part in this detailed debate. Arguments have aga...

Lord Lucas | 742 c220GC (Link to this contribution)

My Lords, my noble friend has got his answer to Amendment 26 completely wrong, particularly so fa...

Lord Brown of Eaton-under-Heywood | 742 c220GC (Link to this contribution)

My Lords, it may be a response to the noble Lord, Lord Lucas, to say that while there is of cours...

Lord Ahmad of Wimbledon | 742 c220GC (Link to this contribution)

The noble and learned Lord makes a valid point, which we shall certainly consider.

Lord Lester of Herne Hill | 742 cc220-2GC (Link to this contribution)

My Lords, I am grateful to everyone who has taken part in this brief debate and particularly to t...

Lord McNally | 742 c222GC (Link to this contribution)

Moved by

Lord McNally

28: Clause 5, page 4, line 8, leave out from “section” to “Hous...

Lord McNally | 742 c222GC (Link to this contribution)

My Lords, I do not in any way want to provoke the Committee, but I am pleased to see that my nobl...

Lord McNally | 742 c222GC (Link to this contribution)

No, I do not want him to stay; I really think that he should go back to his sickbed, although his...

Lord May of Oxford | 742 c222GC (Link to this contribution)

This gives us some idea of why legal costs are so high.

Lord McNally | 742 cc222-3GC (Link to this contribution)

I hope that Hansard noted that comment from a sedentary position and the general approval from th...

Lord Lucas | 742 c223GC (Link to this contribution)

My Lords, I am very grateful to my noble friend for that explanation. Our noble friend Lord Ahmad...

Lord Browne of Ladyton | 742 cc223-4GC (Link to this contribution)

My Lords, those of us on this side of the Committee welcome this amendment because it follows the...

Lord Phillips of Sudbury | 742 cc224-5GC (Link to this contribution)

My Lords, the clause stand part debate notice is in my name and that of the noble Lord, Lord Brow...

Lord Mawhinney | 742 c225GC (Link to this contribution)

Moved by

Lord Mawhinney

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

“U...

Lord Mawhinney | 742 cc225-6GC (Link to this contribution)

Conscious of the time, I shall give a quick summary of what the Joint Committee decided by way of...

Lord Allan of Hallam | 742 cc226-7GC (Link to this contribution)

My Lords, I am glad that the noble Lord, Lord Mawhinney, said that this was a probing amendment a...

Lord Lester of Herne Hill | 742 c227GC (Link to this contribution)

The Libel Reform Campaign is strongly opposed to this amendment but I shall not elaborate on what...

Lord Phillips of Sudbury | 742 cc227-8GC (Link to this contribution)

My Lords, I hear what my noble friend Lord Lester of Herne Hill has just said, and it is a very s...

Lord Lucas | 742 c228GC (Link to this contribution)

My Lords, speaking again as a web operator, I do not know any way of establishing a person’s iden...

Lord May of Oxford | 742 c228GC (Link to this contribution)

This is a sensitive and difficult issue but I find myself in agreement with the noble Lord, Lord ...

Lord Phillips of Sudbury | 742 c228GC (Link to this contribution)

Not if the complainant does not know the name of the author of the posting.

Lord May of Oxford | 742 c229GC (Link to this contribution)

No, but they complain to the people who should not have allowed it to be posted. That is my under...

Lord May of Oxford | 742 c229GC (Link to this contribution)

I apologise. I forget the curious thing that you must stand up, thus rendering the microphone les...

Lord Phillips of Sudbury | 742 c229GC (Link to this contribution)

With respect, there is no recourse against the person who runs the website if they take the posti...

Lord May of Oxford | 742 c229GC (Link to this contribution)

Did I misunderstand the part of Clause 5 that said there was a responsibility on the owner of the...

Lord Phillips of Sudbury | 742 c229GC (Link to this contribution)

I am afraid that the noble Lord did misunderstand.

Baroness Hayter of Kentish Town | 742 c229GC (Link to this contribution)

This is an interesting one, particularly in respect of the use of the word “unattributed”, as opp...

Lord McNally | 742 cc229-231GC (Link to this contribution)

My Lords, I am grateful for this debate. The more I listen to it, the more I realise that we are,...

Lord Mawhinney | 742 c231GC (Link to this contribution)

My Lords, I thank my noble friend for his helpful response. I would like to start where he finish...

Lord Hunt of Chesterton | 742 c231GC (Link to this contribution)

Moved by

Lord Hunt of Chesterton

31: Clause 6, page 4, line 14, after “journal” inser...

Lord Hunt of Chesterton | 742 cc232-3GC (Link to this contribution)

My Lords, that was the first time I have moved an amendment, so I hope you will excuse me.

...

Lord May of Oxford | 742 c233GC (Link to this contribution)

I agree with all of this. It is very good and I want to do something, if I am allowed, that is pr...

Lord May of Oxford | 742 cc233-4GC (Link to this contribution)

I can give the Committee many examples. One that does not reflect directly on me was during the G...

Lord Mawhinney | 742 c234GC (Link to this contribution)

My Lords, I support the amendments of the noble Lord, Lord Hunt of Chesterton. Were I surrounded ...

Lord Lucas | 742 c234GC (Link to this contribution)

My Lords, I am slightly sad that this privilege should not be extended to the Daily Mail, if one ...

Lord Browne of Ladyton | 742 cc234-6GC (Link to this contribution)

My Lords, I support the direction of travel that the amendment proposes, but this is not yet a co...

Lord Mawhinney | 742 c236GC (Link to this contribution)

Listening carefully to what the noble Lord, Lord Browne, has said, would it be fair to summarise ...

Lord Browne of Ladyton | 742 c236GC (Link to this contribution)

With respect to the noble Lord—I am always anxious to agree with him because of the role that he ...

Lord Bew | 742 c236GC (Link to this contribution)

My Lords, I thank the noble Lord, Lord Hunt of Chesterton, for putting forward this amendment, an...

Lord May of Oxford | 742 c236GC (Link to this contribution)

It is perhaps a little more complicated than some people think. I am not sure that people underst...

Lord Mawhinney | 742 c237GC (Link to this contribution)

My Lords, I will chip in again. When I responded to the amendment from the noble Lord, Lord Hunt ...

Lord Phillips of Sudbury | 742 c237GC (Link to this contribution)

My Lords, I strongly support this group of amendments in the name of the noble Lord, Lord Hunt. I...

Lord McNally | 742 cc237-9GC (Link to this contribution)

My Lords, the more that I hear about academia from the noble Lord, Lord May, and about the law fr...

Lord Hunt of Chesterton | 742 cc239-240GC (Link to this contribution)

I thank noble Lords for their very constructive response. I want to emphasise the respective memb...

Lord Hunt of Chesterton | 742 c240GC (Link to this contribution)

Some—I apologise to the noble Lord, Lord May.

This is an extremely rigorous process, so I d...

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