Investigatory Powers Bill

Debate between Lord Garnier and Lyn Brown

Ping Pong: House of Commons
Tuesday 15th November 2016 Commons Chamber

[Sir Edward Garnier]

Of course I understand what my right hon. Friend has said. He is one of the most sophisticated proponents of the “nudge” or incentive system of lawmaking, and I salute him for that. I sometimes wonder, however, whether it is a good idea to use the force of what are essentially the punitive elements of the legal system to encourage innocent defendants to pay the costs of unmeritorious claims. Yes, in a perfect world we would all settle our disputes, and people would not even provoke disputes in the first place; but to be compelled, on penalty of having to pay out large sums in legal costs, to join an organisation of which one either does not approve for one reason or another, or does not wish to join for one reason or another, strikes me as unjust.

I have been a victim of, shall we say, stupid conduct by the press. It is very annoying. I have seen others, not only my friends and colleagues but people for whom I have acted, having to deal with the misconduct of the media. But I would rather have a system which recognised justice—

[Lyn Brown (West Ham) (Lab)]

Does the right hon. and learned Gentleman not see a difference between himself—as he has already told us, he is a leading advocate at the criminal Bar dealing with these matters on a day-to-day basis to earn his crust—and someone who does not have those advantages and who is caught in the same snare?

[Sir Edward Garnier]

I do not wish to be rude to the hon. Lady, but I did not say any of those things. I am not a leading member of the criminal Bar. I happened for some little while to be a member of the media and defamation Bar, which may be a distinction without a difference as far as she is concerned. [Interruption.] She may disagree with me—she may disagree with me vehemently—but what we are trying to do is to pass good law. If my colleagues on the Front Bench, and those around me, disagree with me, fine: go ahead and disagree with me.