Northern Ireland (Miscellaneous Provisions) Bill

Lord Pannick Excerpts

Tuesday 25th February 2014 Lords Chamber

I do not want to dig up unhappy memories of those 50 years and their consequences in the Province, but I suggest that we have to learn from that experience. If the Minister is unable to accept the amendment or to use the power conferred by Section 26(2) of the Northern Ireland Act, I would ask her to indicate what possible measure she proposes instead to guarantee the right to free speech as well as the right to a good reputation across the Irish Sea.

[Lord Pannick (CB)]

My Lords, I have added my name to this amendment. I agree entirely with everything that has been said by the noble Lords, Lord Lexden and Lord Lester of Herne Hill. There may, of course, be some justification for the reluctance of Northern Ireland politicians to bring the law of libel into the 21st century; there may possibly be something unique about free speech and reputation in Northern Ireland that demands the retention of laws that purport to address communications but were developed before the internet, blogs and tweets and, in many cases, before the invention of radio and television—but I doubt it. No credible explanation has been provided as to why Northern Ireland law should remain in the dark ages. I very much doubt whether the Minister will be able to offer any substantive reason why changes in the law thought necessary across the House in relation to England and Wales are not equally necessary in Northern Ireland. In those circumstances, I am unimpressed by the argument that Parliament should do nothing because this is a devolved area. The Northern Ireland Executive and Assembly have had ample time to act and have done nothing.

In libel trials, counsel habitually refer to the biblical statement that a good name smells sweeter than the finest ointment. I have to say that I detect an unpleasant odour in the law of Northern Ireland, and I very much hope that the Minister will be able to tell the House that she is going to do something about it.