Northern Ireland (Executive Formation) Bill

Debate between Viscount Younger of Leckie and Lord Black of Brentwood

Committee: 1st sitting (Hansard - continued): House of Lords
Monday 15th July 2019 Lords Chamber

[Viscount Younger of Leckie (Con)]

My Lords, I have very few remarks to make in response to my noble friend, but I thank him for his long speech. There is no doubt that defamation law in Northern Ireland does not reflect today’s digital age. To echo my noble friend’s words, reform is indeed needed. The issues at stake here hit the very heart of the relationship between citizens, media and the state. It is important to deliver protections in the field of freedom of expression.

My noble friend would like to see progress made to update the Northern Ireland law and I understand that position. There are certainly parts of the Defamation Act 2013 that could usefully be extended to Northern Ireland. However, this Act removed the presumption of trial by jury for libel actions. This may of course shorten and reduce the cost of libel actions.

It is of note that the 2017 Review of Civil and Family Justice in Northern Ireland by Lord Justice Gillen noted the extremely important function of the jury in defamation cases in the context of the Northern Ireland jurisdiction, in particular its role in finding whether the plaintiff has been defamed. As the Gillen review notes, juries in Northern Ireland have been traditionally considered the best fact-finder to judge what words or statements mean in the local context with its unique history, and whether they are considered defamatory in any case. These are matters that involve justice and freedoms, and on which the particular jurisdiction is important. The devolved nature of defamation law in Scotland is reflected in the fact that only a very limited number of provisions in the Defamation Act 2013 have been extended to Scotland, in particular around statements or reports which arise in the scientific or academic field.

Similarly, defamation law is a devolved matter for Northern Ireland; therefore, simply extending the Defamation Act 2013 to Northern Ireland is not appropriate. Further, I understand that, prior to the passage of the Defamation Act, the views of the Northern Ireland Executive were sought as to whether they wished to make a legislative consent Motion to provide for the Act to apply in Northern Ireland, but they declined to do so. Decisions to reform the law should be taken by a restored Northern Ireland Executive. This will allow the unique Northern Ireland context to be taken into account in any reforms. I regret that I am not able to help my noble friend but I respectfully request that he withdraw this amendment.

[Lord Black of Brentwood]

My Lords, I am grateful to the noble Lords who supported this amendment. As the remarks from my noble friend Lord Lexden made clear, this is an issue on which we have been pressing for many years now. I remember well his debate in Grand Committee four years ago, yet no progress has been made. I am grateful to my noble friend the Minister for his comments. Yes, indeed, a legislative consent Motion was declined at the time but no real reason was given for that and none has been given since, which I do not think is satisfactory when we are talking about an area of law of such importance as libel and involving such fundamental human rights as those of freedom of expression. This is an area to which I fear we will have to return. I will take up my noble friend Lord Duncan’s offer to meet to talk about how we might make progress in this area. In the meantime, I beg leave to withdraw the amendment.

Cultural and Creative Industries: Diversity

Debate between Viscount Younger of Leckie and Lord Black of Brentwood

Monday 11th March 2019 Lords Chamber

[Viscount Younger of Leckie]

The noble Baroness makes an important point about careers; it seems to be a theme. The Government launched the Careers & Enterprise Company, which was established in 2014, to help link schools and colleges to employers and to increase young people’s exposure to the world of work. The National Careers Service provides free careers information, which will help not only pupils but head teachers, teachers and parents. This is very important and the strategy identifies the Gatsby benchmarks, which the noble Baroness will know about.

[Lord Black of Brentwood (Con)]

My Lords, is my noble friend aware that, while 64% of schools in areas of least deprivation provide music at A-level, in areas of highest deprivation that figure is a shocking 14%? Is this not damning evidence that access to music education is becoming the preserve of the rich and elite? Will my noble friend agree that the only way to reverse this intolerable situation is wholesale reform of the English baccalaureate, which is forcing music out of state schools? I remind noble Lords of my interest as chairman of the Royal College of Music.

[Viscount Younger of Leckie]

My noble friend will know that I do not agree with what he said about the baccalaureate. Having said that, he will know, because it was announced by my noble friend Lord Agnew, that we have a national plan for musical education. We are working on this during 2019 and we are engaging with a lot of stakeholders. My noble friend makes an important point and we will take this very seriously.