Marriage (Same Sex Couples) Bill

Lord Carlile of Berriew Excerpts

Wednesday 19th June 2013 Lords Chamber

[Lord Lester of Herne Hill]

My Lords—

[Lord Carlile of Berriew]

My noble friend is able to offer free advice on this.

[Lord Lester of Herne Hill]

Yes, it comes free. When the noble Baroness replied to the noble Lord, Lord Tebbit, she may have had in mind not only what was said in the previous debate but the fact that at common law, as was said in that debate, it is quite clear that for a public authority to misuse its powers punitively is itself a public law wrong. The case quoted was that of Wheeler, but there have been others such as, for example, when Rupert Murdoch was penalised by a public authority so far as advertising was concerned. It was also when Shell was penalised because of a boycott. They were cases where public authorities were doing public law wrongs, and in my opinion that would apply equally at common law so far as this is concerned.