Last Tuesday, Lord Lexden alongside Lord Bew and Lord Black tabled an amendment to the Northern Ireland (Miscellaneous Provisions) Bill to extend the Defamation Act 2013 to Northern Ireland. Seeing the impact on freedom of expression and the opaque manner in which this issue has been handled, respected parliamentarians spoke up for the amendment. The government refused to accept the motion and it was not put to the vote, but the debate itself had the desired impact. The amendment was a direct challenge to the DUP who feel that they alone can decide on libel reform for Northern Ireland.
It remains the case that very few know why the Defamation Bill does not apply to Northern Ireland, an outrageous decision that has created a gaping loophole in the government's attempts to reform the UK's libel laws. As I noted in the Huffington Post, the humiliating rebuke by the United Nations Human Rights Council to the previous state of the libel law in England, Wales and Northern Ireland led to:
“the three major political parties to make a commitment to libel reform in their general election manifestos in 2010. They didn't qualify this bold commitment with "except in Northern Ireland". Why would they? The law in Northern Ireland has always been substantially the same as the law in England and Wales, that is until the government reformed it. At no point in the parliamentary debate did the government signal the Defamation Bill would not apply to the citizens of Northern Ireland.”