Northern Ireland: Defamation Act 2013

Lord Garnier Excerpts

Monday 11th January 2021 Lords Chamber

[Lord Stewart of Dirleton (Con)]

My Lords, the noble Baroness has, to a certain extent, been answered by my answer to my noble friend Lord Lexden. Work on the matter recommenced as of February 2020. As to the statistic which the noble Baroness puts forward on the comparative number of defamation actions, I put the question to officials and am satisfied with the answer that, despite concern that a libel tourism industry might arise in the law of Northern Ireland, this has not taken place.

[Lord Garnier (Con)]

I declare my interest as a media law practitioner at the Bar of England and Wales and the Bar of Northern Ireland but not, as my noble and learned friend will be glad to hear, as a member of the Scottish Bar. That said, will he accept that, although the 2013 Act confuses the difference between a defamatory statement and one that is actionable, among other positive things it enacted the serious harm rule, the public interest defence, the website operators defence and the single publication rule adjusting the limitation period, and it widened the ambit of reporting provision? Will he further agree that, so long as the Act does not apply to Northern Ireland, freedom of expression and freedom to criticise those in positions of power and influence are curtailed in what is, and I trust will remain, an integral part of the United Kingdom?

[Lord Stewart of Dirleton (Con)]

My Lords, in relation to the matters raised by my noble and learned friend, although extension of the provisions of the Defamation Act 2013 might be desirable, existing common law and statute law in Northern Ireland, informed as it is by human rights considerations, is not so deficient as to curtail freedom of expression and the legitimate criticism of those in authority and in positions of power and influence. I note my noble and learned friend’s membership of the Bar of England and Wales and the Bar of Northern Ireland but not that of Scotland, and I hope that at some point in the not-too-distant future the opportunity may arise for him to complete a much-deserved triple crown.