My Lords, I thank noble Lords who have spoken, particularly those who have spoken in support—the most reverend Primate, the noble Lord, Lord Lester of Herne Hill, the noble Lord, Lord Marks of Henley-on-Thames, with whom I had the pleasure of serving on the Joint Committee, and the noble Lord, Lord Faulks, who raised an interesting question about small companies such as
the ice cream vendor. In the Joint Committee, we went through the question of whether, as in the Australian situation, there could be very big internet companies with fewer than 10 people but enormous turnover. We felt that there was no way to do cover that—although, as has been said, if someone is so identified, such as the well-known company Hayter and Hayter, I could probably take action in my own name.
I say two things to the Minister. I am disappointed by his response. The noble Lord, Lord Lester, said that this is moderate and balanced. I am slightly insulted by being called a moderate, but I can live with it occasionally. This is a moderate and balanced response. It is one that I should have thought the Government would accept. To put together the big issue of companies bullying and rich people bullying is not the right comparison. A few rich people do it. In our next amendment, we will come to a strikeout ability, which is the way to deal with those very few—and we know they are—who bully.
We are talking about, day after day, companies threatening anyone who says that they were not perfect with taking them to court, when they know that they can do that because of the depth of their pockets. On the Derbyshire principle, the Government are just wrong. If we want people exercising public functions but privileged to sue on their reputation, that does not give us the confidence for even more outsourcing of public functions. I think that the Government have taken the wrong call on that, and I would like to test the opinion of the House.