Defamation Bill

Debate between Helen Grant and Lord Garnier

Wednesday 24th April 2013 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

I beg to move,

That this House agrees with Lords amendment 2B in lieu of Lords amendment 2, to which this House has disagreed.

The reasons that this House gave for disagreeing to certain amendments to the Bill have been considered in the other place, and a further amendment has been agreed there that now requires consideration by this House. I ask the House to agree to Lords amendment 2B.

The Lords amendment is to clause 1 and makes it clear that a body that trades for profit will satisfy the serious harm test only if it is able to show that the statement complained of has caused that body, or is likely to cause it, serious financial loss. As I made clear when we originally considered Lords amendments, we recognise the strength of feeling that exists on whether there should be a specific provision in the Bill on the issue. I indicated that I would consider the matter further, and the amendment reflects the outcome of those considerations.

As the Government explained at earlier stages of the Bill’s passage, we amended what was initially a “substantial harm” requirement to one of “serious harm” to raise the bar for bringing defamation claims. The Lords amendment therefore refers to “serious financial loss”, to reflect that aim, and is now linked explicitly with the serious harm test.

We consider that the approach that we have taken is clearly preferable to that in the earlier Lords amendment 2 for two main reasons. First, the use of the words “serious financial loss” makes it absolutely clear that the financial loss required to meet the serious harm test must itself be serious. By contrast, the reference in the earlier amendment to “substantial financial loss” could inadvertently have weakened the requirements of what must be shown to satisfy the test.

[Sir Edward Garnier (Harborough) (Con)]

Why does my hon. Friend say that? What is the difference between “serious” and “substantial”?

[Mrs Grant]

I am sure that my hon. and learned Friend will go into details about the motion that he tabled, but as we have made clear, we think it is helpful that there will be a direct link between serious harm and serious financial loss. That will make the situation absolutely clear to those wishing to bring an action.

The second reason why Lords amendment 2B is preferable to the earlier Lords amendment 2 is that the term that we have used to define those who will be subject to the requirement—

“a body that trades for profit”—

is a much clearer and simpler definition. Those are the bodies about which people have expressed concern, so we have phrased the amendment specifically and directly to meet those concerns.

I believe that the Lords amendment represents an effective and proportionate approach that addresses the concerns that have been expressed in this House and elsewhere. I urge the House to support it.

--- Later in debate ---

[Mrs Grant]

indicated dissent.

[Sir Edward Garnier]

She is shaking her head to say she did not, but I am not sure that is an answer to the question. The Government should come to the Dispatch Box and have a coherent case to make, but they do not.

Old and ill-tempered Members of Parliament, whether they represent Worthing or Harborough, must draw their remarks to a conclusion at some stage so I shall do that now. I do so, however, with acute disappointment, and I think the Government are letting themselves down.

Defamation Bill

Debate between Helen Grant and Lord Garnier

Tuesday 16th April 2013 Commons Chamber

[Mrs Grant]

I have just explained that we have requested that an early resolution procedure should be looked into, and if we have an early resolution procedure, we do not need a permission stage. As I have explained, having a permission stage and an early resolution procedure would create far too much delay and cost, which is not what anyone wants. I would have thought that the shadow Minister, having been a solicitor, would know the effect that can have on claimants.

[Sir Edward Garnier (Harborough) (Con)]

rose—

[Dr Sarah Wollaston (Totnes) (Con)]

rose—

[Mrs Grant]

I would also like to make the point—I can hear that there are concerns about this issue—that I am, however, aware of the strength of feeling that exists on this matter and on whether the Bill should contain a provision requiring non-natural persons trading for profit to show substantial financial loss. As we have made clear at earlier stages in the Bill, in order to satisfy the serious harm test, such bodies are likely in practice to have to show actual or likely financial loss anyway. However, I can confirm that we are prepared to consider actively that aspect of the Lords amendment further, and we will listen carefully to the views expressed in both Houses.

[Sir Edward Garnier]

I listened with care to what the shadow Secretary of State said just now. Although it is true that clause 1 might be a retrospective application, the ordinary rules of strike-out and the ordinary rules of court that police abusive cases are not altered. If the court is faced with an abusive claim by a company, it will be dealt with. One does not need legislation to police the administration of such proceedings.

Oral Answers to Questions

Debate between Helen Grant and Lord Garnier

Tuesday 22nd May 2012 Commons Chamber

[The Solicitor-General]

If there is any good news to be had out of that terrible case, it is that the chief Crown prosecutor for the north-west, Mr. Nazir Afzal, revisited that decision, overturned it and ensured that the defendants were prosecuted, and prosecuted to conviction. I hope that the hon. Lady will be pleased by the result of that case.

[Mrs Helen Grant (Maidstone and The Weald) (Con)]

Does the Solicitor-General agree that the increased number of rape crisis centres opened by the Government helped to increase the number of rape prosecutions?

[The Solicitor-General]

Yes. It will be one of the many factors that have done so, and I hope that we will see them being better used and with greater efficiency in future.

Oral Answers to Questions

Debate between Helen Grant and Lord Garnier

Tuesday 22nd June 2010 Commons Chamber

[The Solicitor-General]

It is estimated that about 750,000 children witness domestic violence during any given year. Clearly, a great deal needs to be done to ensure not only that those children are protected, but that, if appropriate, they can give evidence in courts in such a way that does not frighten them and that leads to proper convictions being arrived at. The hon. Gentleman makes a good point that will certainly be considered further.

[Mrs Helen Grant (Maidstone and The Weald) (Con)]

What plans does my hon. and learned Friend have for victims who have no recourse to public funds?

[The Solicitor-General]

It depends on what my hon. Friend means by the phrase “recourse to public funds”. A number of victims will be protected or assisted by independent domestic violence advisers. We now have 141 specialist domestic violence courts. As she will know from her private practice as a family lawyer, people can be assisted in a number of ways. The main thing is to ensure that they know what is available and that they can be assisted before, during and after the court hearing.