Defamation Act 2013: Northern Ireland

Lord Browne of Ladyton Excerpts

Thursday 27th June 2013 Grand Committee

[Lord Browne of Ladyton]

My Lords, in his opening sentence, the noble Lord, Lord Lexden, said that this is a short debate. Short it certainly has been, and we know it will last no longer than an hour. However, the contributions have been remarkably informative and, I must say, remarkably comprehensive. I join those who are indebted to the noble Lord, Lord Lexden, for giving your Lordships’ Committee the opportunity to debate this important subject. I personally am doubly indebted to him for his generosity in engaging with me as his neighbour in Millbank House in the preparation for this debate, and for encouraging my thoughts in particular directions.

I speak as one who was in an Executive position for a very happy but all too short period of time, and who was part of the previous Government, which helped to form the structure of the current devolved governance in Northern Ireland. I say at the outset that I utterly respect Northern Ireland’s right to exercise its democratic functions in the way in which we designed it to. I consider this to be a transition phase, and we all look forward to being able to move to a more normal type of politics in Northern Ireland, rather than one which, to a degree, freezes the divisions of that society and its constitutional structure. However, I utterly respect the right of the Northern Ireland Assembly to make its own decisions, as I do the right of the Scottish Parliament.

However, this is not a situation in which we are competing with a decision made openly and properly by the Northern Ireland Assembly where we have had an open debate. From my review of all the evidence of what has happened since we debated the Bill in this House and it received Royal Assent, it would appear that the very opposite has happened in Northern Ireland. Early in his remarks, the noble Lord, Lord Lexden, had the benefit of a quote by Paul McDonnell. I thought that that was utterly comprehensive. It was a skilled piece of drafting by Mr McDonnell, and he encapsulated almost all the arguments in a couple of short sentences. It was very clear what his opinion was about the necessity of the application of this Act to Northern Ireland, for all of the reasons he set out.

The noble Lord, Lord Bew, said that there was no debate going on in Northern Ireland. With respect to him, I do not think that he meant that in the way in which some may have interpreted it. In fact, a debate is going on in Northern Ireland. There is a very public debate going on, with contributions by legal figures, business people, civic society, politicians and the media. There are two sides to this argument. The overwhelming body of opinion is on one side of the argument, and that is the side represented in this debate, but there is another side to that argument.

The only places where this debate is not going on are the Executive and the Northern Ireland Assembly. That is where the debate should take place. Those are the people who have substantial responsibility for the governance of Northern Ireland. The arguments that are put forward relate to the putting off of inward investment; the vulnerability of ordinary citizens in the internet age; and the good business reasons for a consistent regulatory framework in an environment where there has always been a consistent regulatory framework, for the fear of libel tourism.

If these arguments have any substance, it is the responsibility of the devolved politicians in Northern Ireland to engage with them, and to ensure that the people of Northern Ireland have the best regulatory framework in this area and that it serves their needs. It has always been necessary in this area of law and in many others. The noble Lord, Lord Lester of Herne Hill, with his characteristic clarity, set out the dilemma facing the Government. I have some sympathy for the Minister if she chooses to engage with the challenge of the questions that the noble Lord posed. Does she accept that analysis of the conjunction effect of the European Convention on Human Rights and the Belfast or Good Friday agreement? Does she accept that the Government face this dilemma and responsibility and, if so, what do they plan to do about it? That is the principal question.

The noble Viscount, Lord Colville of Culross, in his informative contribution, brought evidence from his journalist colleagues in Northern Ireland of existing practices that show a culture of threat and actual libel tourism. If that is indeed right, there is every reason to believe that whether or not there is a problem with the existing law in Northern Ireland, the potential for it to develop and become a serious problem for these islands is there. Do the Government share that interpretation and recognise that risk and, if so, how do they intend to engage with it?

The noble Lord, Lord Black of Brentwood, explained with some authority in detail why investors will be put off. His argument was eloquently convincing and is reflected in some of the public discourse in the Northern Irish media. There is no reason to believe that people with his level of knowledge should be wrong. Again, this undermines the shared objective of all the Benches in your Lordships’ House to see Northern Ireland flourish. This is a responsibility of the Government. We are investing substantial amounts of money in Northern Ireland to ensure that its economy moves from depending on the public sector to the private sector. Do the Government share the view that investors will be put off, and what do they intend to do about it?

The noble Lord, Lord Bew, as he has consistently in our debates on defamation, made a compelling case for the need for independent thinking and for independent and challenging academic and scientific publications with their important role as drivers of innovation and our economy. All parties represented in this debate went into the 2010 election with a commitment to reform the law of defamation. He said that denying the reform to the people of Northern Ireland, as appears to be the case, was done without the knowledge or consent of the executive Ministers of Northern Ireland and without any explanation, never mind an adequate one. From my perspective as someone who loves Northern Ireland and its people, that is not good enough.

My party supports reform of the defamation laws and is pleased that they are where they are. These opportunities and freedoms should be open—I have to say this as a Scot—both to the people of Northern Ireland and to the people of Scotland. It is a challenge that the Government face and will have to engage with at some time. There is no time like the present. Will the Minister engage with some of these issues?