My Lords, I thank the Minister for his forbearance in the various attempts I have made to persuade him to adopt this procedure.
I raised the issue of the declaration procedure in Grand Committee. However, this amendment widens out the wording of the amendment that I proposed then. Proposed new paragraph (b) would allow either a website operator or the author of a statement to apply to query the contents of a notice of complaint.
I emphasise that this procedure will be voluntary and should not be available to decide whether or not a statement is true, or any other issue that needs a contested hearing. It is simply a quick process to decide whether the claimant has demonstrated a prima facie case. It would not necessarily lengthen the notice of
complaint process as it should be issued at the same time as the notice of complaint is sent to the poster. It would run in tandem with the Clause 5 procedure.
There are concerns that this amendment might allow the website operator almost routinely to choke off the notice of complaint process by turning instantly to the declaration procedure. However, for website operators to use the procedure routinely would be to shoot themselves in the foot. The claimant could get a positive declaration, which would not only reinforce his case but give him an official document to send to other website operators showing that he met the basic requirements, which could be used in dealing with repeat postings of the statement on other websites.
As for concerns about the expense, I have suggested that the declaration procedure goes before the masters or a procedural judge. I am assured that despite the concerns expressed by the noble Lord, Lord Marks, in Grand Committee, who was worried that it would be very expensive, that a web-based procedure could be developed for as little as £25.
I ask the Minister to consider once again whether such a procedure could be included in the Bill.