Defamation Bill

Debate between Lord McNally and Baroness O'Neill of Bengarve

Tuesday 5th February 2013 Lords Chamber

[Lord McNally]

Have I said something that I should not have said?

I should like to update noble Lords on some of the discussions that have already taken place on Lord Justice Leveson’s recommendations. First, recommendations concerning the press and police have been considered by the cross-party group and measures are being developed further by the Home Office, on which the Home Secretary will report to Parliament shortly. Secondly, Lord Justice Leveson’s recommendations regarding the press and politicians have been considered and are now being taken forward by the Cabinet Office.

Thirdly, there have been discussions on the complex issues raised by data protection. As the Minister with responsibility for data protection, I am looking with my right honourable friend the Justice Secretary at the best way to take this forward, preferably once we have a clear idea of what we are doing as far as the tripartite talks are concerned. This is a complex series of decisions. Furthermore, the talks continue to consider, among many other issues, the best way to recognise the new press self-regulatory body. While there are areas of differences, there are also many areas of agreement. There is a widespread desire for a cross-party solution to this issue of fundamental importance to our democracy. A great deal of work has already taken place in talks and these amendments risk pre-empting their outcome.

This brings me to the key issue: whether statute is the most appropriate route to delivering the underpinning that Lord Justice Leveson sets out. This question has been the topic of impassioned debate not only today but across the weeks since the report’s publication. The cross-party talks have considered a number of options, including various draft Bills—among them the Bill prepared by my noble friend Lord Lester. In addition, there have been discussions about a proposed royal charter. To add to the debate and to demonstrate to this House that concrete progress is being made, I can announce today that a draft royal charter proposal will be published next week—the noble Lord, Lord Stevenson, is well informed.

As I hope noble Lords will recognise, I have outlined just a few of the issues that are subject to detailed consideration in cross-party talks and with stakeholders. I am convinced that an approach agreed cross-party, if it can be secured, is the best way to do justice to Lord Justice Leveson’s proposals and to ensure a new system of press regulation which can enjoy secure and real public confidence.

I recognise the strong feelings in this House and the desire to send a message. I am sure that that message has been clearly heard. However, I ask noble Lords to allow those cross-party talks to reach their full and considered conclusion rather than to bring legislative proposals before this House at this stage. The noble Lord was wrong to say that this is the end of the matter; the Bill will have a Third Reading and go back to the other place.

This is, of course, a matter of judgment. However, I feel that with the progress that is being made on the kind of things to which the noble Lord, Lord Hunt, referred, and given that the royal charter proposal will be on the table next week, there will be a chance in the next few days to give some real impetus to these talks. As I said previously, there is no doubt in my mind that the real prize is not a victory or defeat on this amendment today but a successful outcome to the tripartite talks. That would give us the real holy grail here, which is a cross-party endorsement which sticks in parliamentary and legislative terms and has widespread support among the public. I hope that, with those remarks, my old friend will agree to withdraw his amendment.

[Baroness O'Neill of Bengarve]

My Lords, it has been a very instructive debate. I think that it has become clear to many of us how little many of us who are not close to the cross-party talks know about what is actually being said or discussed. There is, I am sorry to say, and as the most reverend Primate reminded us, a serious question of trust here that is not going to be remedied quickly. A number of issues speak directly to that. Perhaps I may address one which the noble Lord, Lord Hunt, raised. He spoke repeatedly, as he has previously, about independent regulation, and he was reminded by the noble Lord, Lord Puttnam, that independence is not just a matter of one’s belief that one is a person of independent judgment; it is also a question of institutions, structures, how one is appointed and to whom one is accountable. Our debates would be very much clarified if we did not speak of a self-regulation body that lacks an appropriate form of accountability to a recognition body as a form of independent regulation. It is less than that.

I have every faith in the good intentions of the noble Lord and his colleagues in seeking to define a way forward, but without the statutory recognition body which is integral to Lord Justice Leveson’s proposals, we have no reason to expect that that will endure across the vicissitudes of time and self-interest. We have repeated experience that what passes for self-regulation has been self-interested regulation. That is why many of us are extremely anxious on behalf of our fellow citizens who have been victims of intrusion and defamation, and lack remedies.

I will withdraw Amendment 1A, tabled in my name and that of my noble friend Lady Hollins. It is a complex amendment and it is imperfect. Greater clarity will be served if noble Lords make a straightforward decision on supporting the amendment in the name of the noble Lord, Lord Puttnam, and colleagues. That puts the issue squarely. We would all acknowledge that the details of these amendments—Amendment 1 and the amending amendments—are not perfect. They probably cannot be perfect at this stage. However, I hope that noble Lords will feel willing to support the amendment of the noble Lord, Lord Puttnam, knowing that it affords the Government more than one opportunity to reconsider the matter and come back on it. As the Minister indicated in his very interesting reply, it also affords some further time for reflection. I beg leave to withdraw Amendment 1A.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord McNally and Baroness O'Neill of Bengarve

Tuesday 27th March 2012 Lords Chamber

[Lord Thomas of Gresford]

As a member of the committee that has just reported, I should remind the noble Lord that it advised against a privacy law.

[Baroness O'Neill of Bengarve]

Before the Minister finishes winding, will he explain to the House why he does not think that these exemptions—the noble Lord, Lord Lester, may be entirely right—are the right way to go? Does he not think that two successive changes in the regime are the very worst thing for litigants in this area? In so far as we are leaving the Bill as it is, one change will happen now and another will happen down the road if there is legislation on defamation.

[Lord McNally]

We are talking about a Bill that does not come into effect until 2013. Given that defamation legislation is in process, I do not think the fact that there is a slight lacuna is a major problem in terms of the issues that the Bill will deal with. If it takes a little longer, that is a problem, and I will return to that.

That Bill and associated measures seek to reduce the costs of litigation and discourage unnecessary litigation in the area of defamation. We seek to do so, very broadly, by introducing a range of substantive and procedural changes and also by focusing on alternative dispute resolution, which is quicker, at lower cost, and offers more meaningful redress.

Any exceptions for defamation or privacy cases from the changes in Part 2 are unnecessary because our CFA reforms should not prevent strong cases being brought. I share the concern that individuals who are not wealthy or powerful sometimes need to bring defamation or privacy cases. Nothing in our proposals should prevent that where a case is a good one.

The noble Lord, Lord Bach, sometimes makes me gasp when he starts lecturing our Benches on consistency. The noble Lord, Lord Prescott, asked why this was happening now. Perhaps I may quote an expert on these matters:

“CFAs will remain available for defamation cases; thereby, lawyers will still be able to use them in deserving cases”.—[Official Report, 25/3/10; col. 1157.]

Those were the words of the noble Lord, Lord Bach, as Justice Minister, when he rushed attempts to reduce success fees before this House just before the election. We have already heard what happened in the grand coalition that was the Labour Government when the proposal went down the other end. Nevertheless, the noble Lord, Lord Bach, told this House:

“There is a substantial body of opinion that 100 per cent recoverable success fees should not continue in defamation cases”.—[Official Report, 25/3/10; col. 1156.]

He was backed up by a consultation which said,

“immediate steps are needed in respect of defamation proceedings”.

Freedom of Information Act 2000

Debate between Lord McNally and Baroness O'Neill of Bengarve

Thursday 15th March 2012 Lords Chamber

[Lord McNally]

My Lords, yes, I have. It was an extremely useful debate and a number of former public servants expressed their point of view on how the Freedom of Information Act works in their experience. As I said at the time, I do not share all their fears. I am extremely proud that we, as a party, supported the Freedom of Information Act. It has made our system of government much healthier. Frankly, when politicians, the press and the police have all shown that they have something to hide, this is not the time to start pulling down the shutters of secrecy again.

[Baroness O’Neill of Bengarve]

My Lords—

[Lord Kinnock]

Can the Minister tell us of any measure of the dimensions of the Health and Social Care Bill, with such direct effect on the organisation of a life-and-death service, that has been protected by any Government’s evasion of the responsibility to publish risk registers? This is not a matter of political persuasion but of the fundamental well-being of the people of this country.

--- Later in debate ---

[Lord McNally]

As the noble Lord knows, the risk registers are protected by the Freedom of Information Act. Every piece of legislation passed by the previous Government enjoyed the same privileges. The Opposition changed their opinion only when they went into opposition.

Since there is no time to respond to the noble Baroness, Lady O’Neill, on her concerns about academic freedoms, I draw the attention of the House to the response of my noble friend Lord Henley. I have also passed that response to Sir Alan Beith for his consideration.

[Baroness O’Neill of Bengarve]

I thank the noble Lord but that is not what I was going to ask.

Justice: Pre-trial Publicity

Debate between Lord McNally and Baroness O'Neill of Bengarve

Wednesday 14th December 2011 Lords Chamber

[Lord McNally]

I thank the noble Lord for his comments. I am the Minister responsible for liaison with the Law Commission. One of the things I said to Mr Justice Munby, the retiring head of the Law Commission, is that during my stewardship I would hope that we could remedy some of the faults that he indicated and that, certainly on this point, we would approach any Law Commission report with a due sense of urgency.

[Baroness O'Neill of Bengarve]

Does the Minister agree that one of the problems is that the media have confused their right of freedom of expression, which in the European convention contains many legitimate restrictions, with the rights of self-expression which we may accord to individuals without damage to others?

[Lord McNally]

I agree, but also the law is very clear. I tend to agree with the Attorney-General that the media have been pushing the envelope of the law to an extreme. That is why he is taking action.

Legislation

Debate between Lord McNally and Baroness O'Neill of Bengarve

Monday 17th January 2011 Lords Chamber

[Baroness O'Neill of Bengarve]

Would the Minister consider recommending to his colleagues that departments of government receive a budget for drafting future legislation at a stage before it is known whether it will form part of the Queen’s Speech, so that the good ideas may be more adequately translated into prose?

[Lord McNally]

Again, I will take that sound suggestion back. From my limited experience, if I had my time over again, I would become a parliamentary draftsman, because it seems to be a well protected trade.