Asked by: Claire Hanna (Social Democratic & Labour Party - Belfast South)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, if he will make an assessment of the potential merits of increasing protections for journalists under libel defamation law in Northern Ireland.
Answered by Steve Baker - Minister of State (Northern Ireland Office)
The civil law of defamation is a devolved issue in Northern Ireland. As such, the development of, or any reform to, the law in this area is a matter for the Northern Ireland Executive and Northern Ireland Assembly to consider.
Asked by: Claire Hanna (Social Democratic & Labour Party - Belfast South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the implications for his policies on libel cases of the decision of the High Court of Justice of Northern Ireland on Case 2024NIMaster1, delivered on 8 January 2024.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The Government has implemented reforms relating to strategic litigation against public participation (SLAPPs) in the Economic Crime and Corporate Transparency Act 2023, relating to matters engaging economic crime.
We are committed to introducing targeted legislation to cover other forms of SLAPP litigation, to stop anyone from abusing our legal system and using improper means to intimidate those acting in the public interest.
Reforms provide a statutory definition of SLAPPs, an early dismissal mechanism, and costs protection for SLAPPs cases. Our intention is that journalists subject to SLAPPs in future will benefit from costs protection (determined by the court), which will lessen legal and financial risks associated with lengthy proceedings.
These reforms apply in England and Wales - justice is devolved in Northern Ireland, and any reforms relating to Northern Irish defamation law would be a matter for the Northern Ireland Executive, which is currently undertaking a review of defamation law in Northern Ireland.
Asked by: Lord Lexden (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what steps they are taking, if any, to assist with the extension of the Defamation Act 2013 to Northern Ireland.
Answered by Lord Wolfson of Tredegar
The civil law of defamation is a devolved issue in Northern Ireland. As such, the development of, or any reform to, the law in this area is a matter for the Northern Ireland Executive and Northern Ireland Assembly to consider.
I note that the Northern Ireland Minister for Finance, Conor Murphy MLA, updated the Assembly late last year and that work is underway in his department to review defamation law. An MLA (Member of the Legislative Assembly) has also been granted consent by the Secretary of State for Northern Ireland to introduce a Bill into the Northern Ireland Assembly on this issue. I understand that the proposed Bill is currently being considered by the NI Assembly Speaker as per usual processes.
Asked by: Lady Hermon (Independent - North Down)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, if he will initiate consultation on aligning libel law in Northern Ireland with that in England and Wales; and if he will make a statement.
Answered by Chloe Smith
As responsibility for libel law in Northern Ireland is devolved, it would be for the Northern Ireland Executive to determine whether there should be any changes to Northern Ireland libel law.
Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Northern Ireland Office:
To ask Her Majesty’s Government, further to the Written Answer by Lord Faulks on 4 December (HL3813), what is their assessment of whether they have the power under section 24 of the Northern Ireland Act 1998 to give direction to the devolved institutions in Northern Ireland to secure their compliance with the European Convention on Human Rights; and whether the Secretary of State has considered exercising any such power to secure full compliance in Northern Ireland with its obligations under the Convention in relation to equal marriage, blasphemy and defamation.
Answered by Lord Dunlop
The Secretary of State for Northern Ireland does not have the power under section 24 of the Northern Ireland Act 1998 to give direction to the devolved institutions in Northern Ireland to secure their compliance with the European Convention on Human Rights.
The UK Government recognises and respects the devolution settlement in Northern Ireland and in any event does not have power under section 24 to secure full compliance in Northern Ireland with its obligations under the Convention in relation to equal marriage, blasphemy and defamation.
Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government, further to the Answer by Lord Faulks on 18 November (HL Deb, col 133), what is their assessment of whether they have the power under section 26 of the Northern Ireland Act 1998 to give direction to the devolved institutions in Northern Ireland to secure their compliance with the European Human Rights Conventions; and whether the Secretary of State has considered exercising any such power to secure full compliance in Northern Ireland with its obligations under the Convention in relation to equal marriage, blasphemy and defamation.
Answered by Lord Faulks
Under section 26 of the Northern Ireland Act 1998 (NIA) the Secretary of State may by order direct that action be taken by a Northern Ireland Minister or department if required for the purpose of giving effect to international obligations. However, international obligations in this context are defined as “any international obligations of the United Kingdom other than obligations to observe and implement EU law or the Convention rights” (Section 98 of the NIA). As such, the power under section 26 cannot be used for the purpose of bringing about action in Northern Ireland to comply with the European Convention on Human Rights.
Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government what role the Secretary of State has in ensuring that the law of defamation in Northern Ireland is compatible with the European Convention on Human Rights.
Answered by Lord Faulks
As set out in my Written Answer HL2680 on 30 October 2015, under the Human Rights Act 1998 (section 6), all public authorities are under a duty to act in compliance with the Convention rights set out in that Act. As the law on defamation in Northern Ireland is a devolved matter, it is for the Northern Ireland Executive, in considering its policy on the subject, to reach a view on whether the policy under consideration is compatible with the Convention rights.
Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government, further to the answer by Viscount Younger of Leckie on 14 October (HL Deb, col 230), whether it is for the Secretary of State and the courts, or the Northern Ireland Executive, to decide whether the law of defamation in Northern Ireland is compatible with the European Convention on Human Rights.
Answered by Lord Faulks
Under the Human Rights Act 1998 (section 6), all public authorities are under a duty to act in compliance with the Convention rights set out in that Act. As the law on defamation in Northern Ireland is a devolved matter, it is for the Northern Ireland Executive, in considering its policy on the subject, to reach a view on whether the policy under consideration is compatible with the Convention rights.
The courts are equally under an obligation to act in compliance with Convention rights. Ultimately, if the compatibility of a policy or legislation is raised before the courts, then the courts will decide the question. In the case of a devolved matter, it would be for the Northern Ireland Executive in the first instance to consider how to respond to any judgment.
Asked by: Lord Lexden (Conservative - Life peer)
Question to the Northern Ireland Office:
To ask Her Majesty’s Government whether the Defamation Act 2013 can be applied in Northern Ireland through a legislative consent motion by the Northern Ireland Assembly, without any further legislation by Parliament.
Answered by Lord Dunlop
A Legislative Consent Motion (LCM) consents to legislation being undertaken by the UK Parliament to extend to a part of the UK where the subject-matter of the legislation is devolved. An LCM cannot of itself extend existing UK Parliament legislation. As the law on defamation is a devolved issue, this is a matter for the Northern Ireland Executive.
Asked by: Wendy Morton (Conservative - Aldridge-Brownhills)
Question to the Leader of the House:
To ask the Leader of the House, how many and which Government bills introduced in the last Parliament affected predominantly (a) England and (b) England and Wales.
Answered by Thérèse Coffey
The following Government bills as introduced over the five years of the last Parliament affected predominantly England or England and Wales.
The proposals that were announced by my Right Honourable Friend, the Leader of the House of Commons, on 2 July on English votes for English laws provide for certification of bills and clauses or schedules by the Speaker of the House of Commons based on the devolution settlement.
This list is based on an assessment of the effects of provisions rather than the territorial extent of a bill, which concerns the legal jurisdiction to which the bill extends, which may be wider than application. For example, since England and Wales form a single legal jurisdiction a bill might extend to England and Wales but only affect England. The list does not consider whether the subject-matter of any individual clauses or schedules of a bill would be within the legislative competence of the Northern Ireland Assembly or Scotland Parliament or, if appropriate, the National Assembly for Wales. As such this list is not a guide to the likely certification of these bills had the proposed certification process applied to them.
Some of the bills listed contain provisions which extend and/or apply to Northern Ireland, Scotland or, as appropriate, Wales. Under the proposals announced on 2 July, bills, clauses and schedules within them would be certified, and so any provisions which apply to Scotland and/or Northern Ireland would not have been subject to the new process.
The list refers to bills at the time of introduction and does not take into account amendments made during their passage. If the territorial extent and/or application of a bill is to be amended in such a way that would affect devolved matters, the consent of the relevant devolved legislature(s) would be sought. This is in accordance with the convention that the UK Parliament will not normally legislate with regard to devolved matters except with the agreement of the devolved legislature.
a) On introduction, applied predominantly to England
Academies Bill (which became the Academies Act 2010)
Local Government Bill (which became the Local Government Act 2010)
b) On introduction, applied predominantly to England and Wales
Charities Bill (which became the Charities Act 2011)
Education Bill (which became the Education Act 2011)
Police (Detention and Bail) Bill (which became the Police (Detention and Bail) Act 2011)
Local Government Finance Bill (which became the Local Government Finance Act 2012)
Sunday Trading (London and Olympic Games and Paralympic Games) Bill (which became the Sunday Trading (London and Olympic Games and Paralympic Games) Act 2012)
Water Industry (Financial Assistance) Bill (which became the Water Industry (Financial Assistance) Act 2012)
Defamation Bill (which became the Defamation Act 2013)
Local Audit and Accountability Bill (which became the Local Audit and Accountability Act 2014)
Offender Rehabilitation Bill (which became the Offender Rehabilitation Act 2014)
Modern Slavery Bill (which became the Modern Slavery Act 2015)
Social Action, Responsibility and Heroism Bill (which became the Social Action, Responsibility and Heroism Act 2015)
The corrected totals in the Answer to Question 4228 are: a) two predominantly England-only bills; b) 11 predominantly England and Wales-only bills.
I would also like to correct my answer to the Hon Member for Arfon (Hywel Williams) of 2 July 2015, Official Report, col 1656. The number of bills in the previous Parliament that are considered to have been predominantly England-only upon introduction is two.