Northern Ireland: Defamation Act 2013

Lord Lexden Excerpts

Monday 11th January 2021 Lords Chamber

Asked by

[Lord Lexden]

To ask Her Majesty’s Government what recent discussions they have had with the Northern Ireland Executive about extending the Defamation Act 2013 to Northern Ireland.

[The Advocate-General for Scotland (Lord Stewart of Dirleton) (Con)]

My Lords, no recent discussions have taken place on this issue. The civil law of defamation is a devolved issue and the development of the law in this area is a matter for the Northern Ireland Executive. I understand that the Northern Ireland Minister of Finance recently updated the Assembly on this matter. He noted that work is under way to review defamation law, and this will inform legislative change under the next mandate of the Assembly.

[Lord Lexden (Con)]

During a debate on this subject which I initiated in 2013, I asked a question sent to me by a leading Belfast solicitor. More than seven years on, I will ask the question again. Why should the citizens and journalists of Northern Ireland not be afforded the same protection as those in the rest of the United Kingdom, whether they are expressing opinions online or holding government to account? Secondly, will the Government extract from the Northern Ireland Executive clear reasons—cogent and convincing reasons, I hope—for the long delay in extending the benefits of this landmark human rights legislation to our fellow countrymen and countrywomen in Northern Ireland, who have been given no explanation by the Executive?

[Lord Stewart of Dirleton (Con)]

My Lords, I respectfully echo my noble friend’s views on the benefits flowing from the legislation to which he refers. I remind the House that, under the Sewel convention, Parliament remains sovereign. However, the United Kingdom Government will not normally pass primary legislation relating to areas in which a devolved legislature has legislative competence, except with the agreement of that devolved legislature. The Northern Ireland Executive must have the scope to set their own priorities for legislation, but I can reassure my noble friend that the work on the law of defamation in Northern Ireland put in place by the Assembly recommenced in February 2020.