Defamation Bill [HL]

Baroness Hayter of Kentish Town Excerpts

Friday 9th July 2010 Lords Chamber

[Baroness Hayter of Kentish Town]

My Lords, I am today reminded of a very dear but late departed friend of mine, Pam Blandford, who as I was growing up taught me the difference between a house and a home. Her hospitality, warmth, concern and openness transformed her house into a home. These past few weeks have done much the same for me, because this impressive, perhaps slightly intimidating, building known as a House has, thanks to your Lordships’ welcome, been transformed from a House into a Home. This welcome has come even from former Ministers opposite, against whom I used to rail and protest. It also came from the noble Lord, Lord Ryder, with whom I had the pleasure of working in television some years ago. Their welcome has been paralleled by the enormous attention, kindness and assistance from the officers and staff, and I thank all concerned for that.

It is also, for me, a great pleasure to sit among former MEPs with whom I worked in the European Parliament and with former colleagues from my trade union days, including my noble friend Lord Radice, who supported me on my introduction and was my very first boss some 40 years ago when I started work at the General and Municipal Workers Union.

My arrival here has reminded me of something that Zena Parker, wife of the then MP for Dagenham, said when she walked into the other place after the 1945 election. She exclaimed, “It’s just like a Fabian summer school!”, with so many Fabians having been elected to that House on that occasion. I am particularly reminded of that sitting here opposite the noble Earl, Lord Attlee, whose grandfather led those Fabian MPs with so much distinction. Indeed, I could almost put together a Fabian Executive in the House, with three former general-secretaries, a host of former chairs and two Fabian treasurers, including the noble Lord, Lord Roper.

It is therefore a particular pleasure to rise in support of a Bill standing in the name of another former Fabian treasurer, whom I met 36 years ago—the noble Lord, Lord Lester of Herne Hill. He was already eminent and very learned then, and I was simply young. He remains eminent and even more learned, but somewhere along the line I lost my youth. Of course, I am sorry now to find him on the opposite Bench because in those days we sat together, and there is still space here on the Bench next to me.

However, the great advantage of the noble Lord, Lord Lester, being on the government Benches is that he should have far more influence over another former Fabian employee—the noble Lord, Lord McNally—

[Noble Lords]

Oh!

[Baroness Hayter of Kentish Town]

That is the end of his political career! The noble Lord, Lord McNally, will answer on behalf of the Government, and I trust that he will take the wise counsel of the noble Lord, Lord Lester, and give this Bill a fair wind.

I have known a bit about libel from the time that I received the first ever writ on almost my first day at the Fabian Society, having succeeded the late Lord Ponsonby of Shulbrede when he arrived in your Lordships’ House. However, I have also found my name in Private Eye, the Sunday Sport and various other places in ways to which I have certainly objected.

As the noble and learned Lord, Lord Hoffmann, said, there is a delicate balancing act in this area. We need strong protections for the ordinary individual, perhaps vilified for things they never did—for example, the teacher or social worker falsely accused, the victim of a crime or mishap who somehow becomes the story or even the target for revenge, or the unwitting bystander caught up in someone else’s fight. Indeed, as chair of the Legal Services Consumer Panel—not an interest that is particularly declarable, as defamation is way outside our bailiwick—I constantly champion the interests of those who need, but are often denied, access to justice. We must protect the ability of those unfairly pillared in the press to have the legal means to pursue a claim.

The other side of the balance is the need for free speech, although not unfettered, irresponsible free speech. However, as citizens, we have the right to hear those campaigning on our behalf, particularly against the self-interest of the large, powerful or well organised who have vested interests, which of course can also include the state itself. When I was the chief executive of Alcohol Concern, I was once threatened with a writ by one of the country’s largest brewers over the most trivial and nonsensical of issues. But it was a warning.

I believe in that adage that sunshine is the best disinfectant. That sunshine is often brought to us by campaigners and journalists, who can use their talents, the freedom of information provisions, research and knowledge to raise public issues on our behalf, whether about food or drug safety, medicine, professional practices, planning or other vital decisions taken behind closed doors, often by the rich or powerful. Citizens have a right to be well informed on matters of public interest, public health and public good, and to be kept abreast of the ideas and information generated on all of these. Rarely is the law court the right venue for such debate. Scientific discourse should take place in academic journals and seminars, not in our courts, unless well defined barriers are crossed.

I shall give just one example of where the threat of legal action nearly diminished our access to information, and I speak as the doting grandmother of Poppy and Isaac, who are too young to be with us today and so are young enough to be in need of safe, reliable and tested child car seats.

As the House will know, the brilliant and highly reliable Consumers’ Association, or Which?, campaigns on all our behalves over a wide range of goods and services. Two years ago, Which? published its annual child car seat report, which included some “Don't Buy” recommendations—vital for every young family to know. Which? was promptly threatened by the manufacturers with being sued for libel and malicious falsehoods unless it completely retracted. Luckily for parents, Which? refused, knowing the robustness of its research and also confident of its reputation. However, a year of correspondence, time and money were used up. Which? had better things to do with that effort, and we, as consumers, would otherwise have been denied our right to know what was best for young passengers.

The problem is that the very threat of libel action from a body with a large vested interest can silence public discourse. Citizens’ representatives can censor themselves for fear of a libel action, as the legal costs could bankrupt the individual or their organisation. That means that we, as consumers of information and ideas, cannot hear what we need for our own democracy and well-being. It is for exactly such issues and to prevent such mischief that your House—now I can say “our House”—is so well suited.

Our present libel laws are not fit for purpose, and we have the chance to change this. We want to defend the right to protect an individual's reputation from slander, innuendo and defamation. But there has to be a better balance between this and the public’s right to good and greater information and opinion.

This Bill, ably put together by the noble Lord, Lord Lester, seeks to do just that. I urge the Minister to take heed of his wise counsel and of the demands of English PEN, Sense About Science, Which? and the medical colleges, and give this Bill a very fair and speedy wind to help open up the secrets of decision-makers and corporate interests, for the sake of all our citizens.