My Lords, I have put my name to this amendment to Amendment 1, moved by the noble Lord, Lord Puttnam, because it is urgent to establish an effective, affordable and independent route for resolving claims of defamation. In doing so, I declare an interest as chair of the Equalities and
Human Rights Commission. Unlike my noble friend Lady Hollins, who also brings the expertise of experience of intrusion and defamation to this debate, I bring only a track record of speaking and writing on the conflict between rights to freedom of expression and other rights, including the right to reputation.
I do not think that it is a matter of dispute that we need a cheap and effective way of resolving claims of defamation. However, the mechanism for resolving such claims needs also to be fair and that means that it has to be independent, not only of the interests of both parties but also of the Government. The noble Lord’s amendment seeks to achieve that. I think that this amendment to the amendment would do so rather more effectively; it is at least more explicit, which enables your Lordships to consider what it would actually take to achieve independence in this matter.
Both amendments build on Lord Justice Leveson’s proposal to create an independent recognition commission that will validate the standards to which any voluntary regulatory body for the media works. Lord Justice Leveson’s proposal is, as we all recognise, ingenious because it offers a way of retaining media self-regulation, while requiring that self-regulation to meet adequate standards of fairness and independence as certified by a recognition body. The amendment sets out incentives for media organisations to participate in a voluntary regulatory body—it will be much cheaper for them if that body is recognised by an independent recognition body—and it also sets out incentives for claimants to use the arbitration service. Again, it will be cheaper and quicker.
The complaints system run by the PCC—or should I perhaps say the former PCC?—was in many ways cheap to use, but it had a range of deficiencies, which have been much discussed in your Lordships’ House and in Lord Justice Leveson’s report, and it lacked that crucial form of independence. I do not think that we should pass a defamation Bill that fails to address these fundamental defects. The connections between intrusion and defamation are too close for us simply to overlook them.
The detail of these amendments and of Schedule 17 is complex, although they have been much discussed by those with the relevant drafting expertise. I do not think we are likely to come much closer to satisfying the requirements of all parties. I hope very much that the Minister can indicate that the Government will accept these amendments or at least can indicate that their fundamental purpose will be secured by government amendments at Third Reading. I beg to move.