Defamation Bill

Debate between Baroness Jay of Paddington and Lord Hunt of Wirral

Tuesday 5th February 2013 Lords Chamber

[Lord Hunt of Wirral]

I just point out that when I applied for this post, I asked a noble and learned judge what independence meant, because I was concerned about the fact that I would be appointed by the industry. My noble and learned colleague from the judiciary said, “Don’t worry about that. The House of Lords will judge whether you are independent or not”. So I place myself in the hands of my noble colleagues. You will have to decide. I think that the test is whether someone is of independent mind. I think that it is essential that whatever structure is created, the majority of people who administer and are responsible for the new system are people of independent mind.

There is no straightforward definition of that. The point that I made in my submission to the inquiry was that the Republic of Ireland had a voluntary self-regulatory system established some years earlier. It was only after it had proved itself that it was incorporated into the Defamation Act in 2009. That matters, because what Lord Justice Leveson called for was a body that was clearly proven to be independent-run.

[Baroness Jay of Paddington]

My Lords, I hesitate to get into the detail of this and do not wish to weary the House, but surely the point made by the noble Lord a few minutes ago about what I said about Ireland is that the legal recognition of the system—indeed operated by the industry—is precisely what he is asking for and what Lord Justice Leveson was asking for. Presumably, had the Irish community and the Irish Government felt that it was adequate, there would have been no need for the legal underpinning. It was to reinforce the industry-owned arrangements that the legal underpinning was established.

[Lord Hunt of Wirral]

The noble Baroness is quite right. I have spoken many times to Professor Horgan and to the Irish press council. Much of what I am seeking to introduce in the new Leveson-compliant body will follow the lessons learnt in the Republic of Ireland. All that I was seeking to point out to Lord Justice Leveson was that as soon as you go down any statutory route, which requires a Bill—I added this after I had made my comment about the Defamation Bill—you would be opening Pandora’s box. I suppose that the proof of that is the revised Marshalled List of amendments, because we are now getting into quite complicated territory.

I think that the way forward is, yes, to hear from the Government what has been happening in these three areas—