My Lords, I say with respect to the noble Lord, Lord Black, that I oppose the amendment for the simple reason that it is quite well established, certainly in my experience of the practice of the law, that if a particular element of a judgment which is under appeal is not to be effective, it is open to the party appealing to ask the court to suspend the application of that part pending the appeal. That is the way in which provisions of the law operate in many other areas of life, and I see no reason why this provision should be any different.
The noble Lord, Lord Black, has made it clear that he opposes the provision completely, but thinks that it should be stated explicitly that it can apply only on a final judgment, which means after the last appeal. However, I say with respect to him that publishers or those who hold the cards, as it were, should be in no better a position than anybody else who has a judgment against them pending appeal. I cannot for the life of me imagine that they would not be successful in suspending the application of that part, but it should be matter for the courts on an application for appeal rather than for this Bill.
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