Defamation Bill

Lord Skelmersdale Excerpts

Wednesday 19th December 2012 Grand Committee

[The Deputy Chairman of Committees (Lord Skelmersdale)]

My Lords, in the unlikely event of there being a Division in the House, the Committee will adjourn for 10 minutes.

Clause 3 : Honest opinion

Amendment 10A not moved.

--- Later in debate ---

[Lord Phillips of Sudbury]

My Lords, does my noble friend—

[The Deputy Chairman of Committees]

Page 2, line 34, leave out paragraph (b) and insert the new paragraph (b) as printed on the Marshalled List. As an amendment to that amendment, I call the noble Lord, Lord Phillips of Sudbury, to move Amendment 15.

[Lord Phillips of Sudbury]

My Lords, I was going to ask my noble friend a question. Is it too late to ask him?

[The Deputy Chairman of Committees]

No.

[Lord Phillips of Sudbury]

In that case, it is very important, in the light of the amendment in my name, to know whether the words, “the defendant reasonably believed”, inserted by Amendment 14 to Clause 4(1)(b), are construed in an objective or a subjective way. If that is an unfair question then we will have to wait for a reply, but it is very important.

[The Deputy Chairman of Committees]

My Lords, to get us back on to the straight and narrow, an amendment to Amendment 14 has been proposed.

Amendment 15 (to Amendment 14)

Tabled by

--- Later in debate ---

[Lord Phillips of Sudbury]

I have rather lost the plot. Can the Minister reply to my question before I move my amendment? I may not have to move it if he answers in a certain way.

[The Deputy Chairman of Committees]

Yes, my Lords, he can.

[Lord McNally]

I would have to take advice on those matters. In a room full of lawyers, I am not going to make comments ex cathedra, ad hoc, on the hoof, or whatever description they might say. Why not ask your questions? By the time I come to reply I might even give you an answer.

--- Later in debate ---

[Lord Lester of Herne Hill]

I am catching a bad habit from sitting next to my noble friend Lord Phillips and interrupting but since he does not intend to move Amendment 15, is not the vice of his approach that he will seek to make the court into the editor?

[The Deputy Chairman of Committees]

Before we go on, perhaps I should remind the Grand Committee that we are discussing an amendment to a government amendment in the name of the noble Lord, Lord Phillips of Sudbury. It was called and therefore it will need to be withdrawn. Since it is in the same group, it does not particularly matter for the purposes of the debate. But that is the position.

[Lord Phillips of Sudbury]

If it will assist the House, I will withdraw it post haste.