Defamation Bill

Baroness Hollins Excerpts

Tuesday 5th February 2013 Lords Chamber

As my noble friend Lord Lester pointed out, that is partly because of Article 6 of the convention. I appreciate that this amendment is to do with building blocks or stalking horses and so forth. Yet it is, I respectfully submit, contrary to the European Convention and out of synch with the law of defamation. It should be resisted.

[Baroness Hollins]

My Lords, as an expert by experience of press abuse, I consulted Hacked Off, the charity that has represented many victims of such abuse, and asked its views of the amendment of the noble Lord, Lord Puttnam. There is widespread frustration about the lack of transparency and presumed lack of progress on implementing Lord Justice Leveson’s recommendations. Given this, Hacked Off is extremely grateful for the initiative taken by the noble Lord, Lord Puttnam. However, its advice to me was that, as they stand, the amendments appear a somewhat diluted version of Lord Justice Leveson’s recommendations. The amendments that I and my noble friend tabled are offered in the spirit of trying to be as faithful to Lord Justice Leveson as possible and thus to command wider support.

Many victims fear that a deal is being brokered with the press behind closed doors, one that does not include the independent element that Lord Justice Leveson considered so important. Hacked Off’s advice was that the characteristics of the regulator need to be detailed enough so that implementation of Lord Justice Leveson’s criteria is not fudged. Interestingly, most of the draft Bills already published spell out the criteria in some detail.

The public expect the Leveson report implemented as published. They expect robust arrangements to be put in place. They also expect an independent regulatory board to be set up that that will provide an arbitration service, and that these measures will provide protection for innocent members of the public, both with respect to defamation and intrusion. I hope that noble Lords will support the amendment of the noble Lord, Lord Puttnam, and accept that some further amendment of the detail may be needed.

[Lord Skidelsky]

My Lords, I have only one point to make. The noble Lord, Lord Lester, said that these amendments in effect introduce Leveson by the back door into a Bill dealing with other matters. To my mind, that is an important merit of the Bill because we are unlikely to get Leveson through the front door. I particularly emphasise the point that these amendments are the best chance we have of getting the Leveson proposals implemented in their full integrity. The amendments are about access to justice. They would put in place two fundamental elements of Lord Justice Leveson’s proposals, namely means of legal redress for ordinary people if their rights are breached and a fair and independent system to deal with complaints against the press. I doubt whether those who support these fundamental elements will get another chance, or at least as good a chance as now exists, to have these principles embodied in law. The private Member’s Bill of the noble Lord, Lord Lester, will not afford the same chance, for reasons given by the noble Lord, Lord Fowler. If we fail to take advantage of this opportunity, we will in effect kick Leveson into the long grass. The amendments would make the Defamation Bill relevant to the entire population instead of just to the rich, and it is vital that we support them.