Defamation Bill

Debate between Lord Ahmad of Wimbledon and Earl of Erroll

Wednesday 19th December 2012 Grand Committee

[Lord Ahmad of Wimbledon]

I thank my noble friend. He emphasised the word “friend” and I acknowledge this fully. I can assure the Committee that I did not intend to appear as if I did not fully understand the nature of the question put by the noble and learned Lord. If that has been communicated, I make an unreserved apology and assure the Committee that we fully acknowledge the fact that a letter should have been written to the noble and learned Lord, based on the discussions at Second Reading. I am sure that my noble friend Lord McNally has taken particular note of the comments and expressions that have been made. As a reasonably new Member of your Lordships’ House, I always welcome direction, particularly on the way that the House operates. I reiterate that I intended no discourtesy to the noble and learned Lord and thank my noble friend for his direction, which I acknowledge and will take on board. I hope that the noble and learned Lord also feels that I have acknowledged any shortcoming in my initial response.

[The Earl of Erroll]

This is not on the subject we have been talking about but goes back to the amendment in the name of the noble and learned Lord, Lord Lloyd of Berwick. Subsection (3) says,

“the basis of the opinion”.

Is that the same as the subject matter on which you may form an opinion? In English, the basis of my opinion would be formed by my knowledge or experience or other knowledge that I had, whereas I am commenting on something external: the subject matter. In ordinary English, the subject matter on which I am making an opinion is very different from the basis on which I form this opinion about the subject matter. I am not sure whether the Minister’s reply covered the noble and learned Lord’s point or whether it should be reconsidered.

[Lord Ahmad of Wimbledon]

I hear what the noble Earl says. We shall return to this point in writing. If the noble and learned Lord wishes to return to this point, it can be debated more extensively at a later stage of the Bill.