Northern Ireland: Defamation Act 2013

Debate between Lord Loomba and Lord Stewart of Dirleton

Monday 11th January 2021 Lords Chamber

[Lord Stewart of Dirleton (Con)]

My Lords, in relation to the matters raised by my noble and learned friend, although extension of the provisions of the Defamation Act 2013 might be desirable, existing common law and statute law in Northern Ireland, informed as it is by human rights considerations, is not so deficient as to curtail freedom of expression and the legitimate criticism of those in authority and in positions of power and influence. I note my noble and learned friend’s membership of the Bar of England and Wales and the Bar of Northern Ireland but not that of Scotland, and I hope that at some point in the not-too-distant future the opportunity may arise for him to complete a much-deserved triple crown.

[Lord Loomba (CB) [V]]

My Lords, it is now eight years since the defamation law was changed in England and Wales to bring about a fairer system, and it is nearly five years since the Stormont Executive commissioned a report recommending bringing Northern Ireland into line. Does the Minister agree that making the Northern Ireland legislation consistent is long overdue, and that not applying the serious harm test there is benefiting claimants over respondents and breaching the rule of law?

[Lord Stewart of Dirleton (Con)]

My Lords, the noble Lord makes useful points in relation to the benefits flowing from this statute. I repeat my previous answer that the law of defamation is a devolved matter for the Northern Ireland Assembly. I am aware that work relating to a Bill of the sort that applies in England and Wales may shortly restart. Indeed, I can advise the noble Lord that similar provisions are currently under contemplation by the Scottish Parliament.