Mike Harris - House of Lords sends a clear message to Stormont: reform of the libel law is overdue

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.”

Blindfolding the public on libel reform

This is the problem we see time and time again: lawyers gag journalists, and in doing so they blind the general public.

Excellent stuff by @SLSingh: "Libel laws don’t just gag me, they blindfold you" in The Sunday Times today http://bit.ly/441sZm #SinghBCA
— Free Debate (@freedebate) October 18, 2009

We reported on the Sunday Politics NI debate here. The segment presented both the assenting and dissenting views on the matter of libel reform in Northern Ireland, (from Lord Bew and Paul Tweed respectively). We covered both sides of the debate and gave a full and equal airing to Lord Bew and Paul Tweed. However in the video above and here, Paul Tweed has decided to edit out those people who support libel reform and oppose his view. He has decided to presented an entirely one sided view.

This is a matter for concern. The public can view the Sunday Politics NI debate for only 7 days after the initial broadcast. Thereafter it will be removed from the public domain. The Paul Tweed edited version is on YouTube and will remain there until the day he decides to remove it. By this avenue of debate the public has been blindfolded.

He has given his airing to the public, but in doing so has screened out those voices that don't suit his agenda. Is that right? We support free speech and advocate that all voices be heard.

Paul's video coverage here. Our coverage here.

Sunday Politics NI discuss libel reform

(From L-R) Lord Bew, Paul Tweed and Mark Carruthers

The House of Lords tried to push through libel reform in Northern Ireland by virtue of an amendment tabled by Lord Lexden. However it was ruled that the Stormont Assembly has primacy on the issue by virtue of the fact that libel law is a reserved matter.

Mark Carruthers asked Lord Bew: "Why was this attempt made at Westminster?" Lord Bew responded:

"Well when you get a Northern Ireland Provision Bill going through the House it's a very rare event. It's inevitable that people will make the attempt and there's a lot of feeling in the House of Lords on this issue to at least have a serious debate about it. The truth is now, the matter as far as the parliament in London is concerned, is actually over... it'w now a matter for the Assembly. The new minister Simon Hamilton has set up a report from the Law Commission with a distinguished LSE academic Dr Scott to work on. And really that is where the debate and the focus now is. But I think it was worth airing once again last week at Westminster the concerns that exist about freedom of expression and that fact that it is now at a weaker level than the rest of the UK."

Peers lambast Northern Ireland libel laws

Lord Lexden proposed that the following amendment be inserted into the Northern Ireland Miscellaneous Provisions) Bill:

3: After Clause 25, insert the following new Clause— 

“Defamation  

(1) Section 17 of the Defamation Act 2013 (short title, extent and commencement) is amended as follows.  

(2) In subsection (2), after “Wales” insert “and Northern Ireland”.”

Lord Bew, Lord Empey and Lord Black of Brentwood continued to lend Lord Lexden their support for his tabled amendment. Other Lords stood to support the move. All made compelling points in favour of forcing reform, especially Viscount Colville of Culross and Lord Lester of Herne Hill. Here what each said in turn about oppressively censorious politicians and the deleterious state of libel law in Northern Ireland that actually empowers and emboldens those politicians.

Peers will continue with their plan to extend Defamation Act to NI by adding it into Northern Ireland (Miscellaneous Provisions) Bill

 
(Updated below)

Lord Lexden brought forward an amendment to the Northern Ireland (Miscellaneous Provisions) Bill in committee. That amendment would effectuate reform of the libel law.

On Tuesday 25 February of this week the House of Lords will again look at libel reform in Northern Ireland. Frances Gibb, legal editor for the Times, reported that a line-up of peers will seek to amend the law to bring Northern Ireland into line with the UK, amid fears it will become the libel capital of the UK. They will continue with their plan to extend the Defamation Act to NI by adding it into Northern Ireland (Miscellaneous Provisions) Bill.

Our earlier posts on the move by peers to enter the Northern Ireland libel reform movement here and here. The BBC Democracy Live previously reported on December 3 2013:

"Peers have broadly welcomed the Northern Ireland (Miscellaneous Provisions) Bill at second reading and suggested ways it could be developed as it passes through Parliament. Introducing the bill on 3 December 2013, Northern Ireland Office spokesperson Baroness Randerson told the House: "It is a bill for more normal times."

House of Lords moves into Northern Ireland libel law debate

Joanne Fleming reports in the Belfast Telegraph here:

"A CAMPAIGN to bring Northern Ireland's libel laws into line with the rest of the UK will take a step forward today as the House of Lords leaps into the debate over free speech. A proposal to extend the Defamation Act 2013 to Northern Ireland is to be made at a Bill committee meeting this afternoon, and if approved would force a response from the Government. 

Peers want to bring the act into law here by simply adding the words "and Northern Ireland" into a section of the Northern Ireland (Miscellaneous Provisions) Bill which refers to the Defamation Act being in force in England and Wales. The shrewd move could mean Westminster becoming embroiled in what is a devolved issue. 

Recent changes to laws in England and Wales have been designed to stop the UK becoming a hotspot for "libel tourists". They removed the presumption in favour of a trial by jury in defamation cases. The move – which involves Lord Black of Brentwood, Lord Lexden and Queen's University academic Lord Bew – follows a show of public support here for the Defamation Act being extended to Northern Ireland.

This of course refers to the "overwhelming support" given by the public to Mike Nesbitt's libel reform bill, see here and here. Four of the five parties support libel reform, that being the SDLP, UUP, Alliance and Sinn Fein, see here. The News Letter support libel reform, see here. The Belfast Telegraph supports libel reform, see here. The Belfast Telegraph also opposes the proposed Royal Charter that follows the Leveson Inquiry, see here. Mike Harris from Index on Censorship has spoken here of the urgency to reform libel laws in Northern Ireland. Index on Censorship had earlier made representations before a Stormont Committee here. Their letter here.

Unpleasant odour coming from NI libel law says QC

David Pannick QC, a practising barrister at Blackstone Chambers in the Temple, a Fellow of All Souls College, Oxford, and a crossbench peer in the House of Lords wrote in the Times on July 18 2013. He said here:

"The recently passed Defamation Act 2013 will introduce much-needed reform of an area of the law that has become an anachronistic, obscure and unjustifiable fetter on freedom of speech. It comes into force later this year. But not in Northern Ireland. The reluctance of Northern Ireland politicians to adopt the 2013 Act will, as a libel lawyer would say, lower them in the estimation of right-thinking people.

The coalition agreement promised a review of the law of defamation. The Government published a draft Bill, which was the subject of public consultation and pre-legislative scrutiny. This led to all-party agreement on the necessary reforms.

Lord Bew says libel law policy is bad for NI universities and journalists

The News Letter hosted an edited version of a speech given by Lord Bew to the House of Lords on the Stormont decision not to import the recent libel reforms. Read in full here.

"The truth is that British provincial, what we might call old-style redbrick universities, are finding it more and more difficult in a competitive world to retain their remarkably strong position in league tables. 

We do not seem at this point to have a problem with keeping Oxford and Cambridge — or Imperial — right up at the top, but there is considerable evidence that universities such as Manchester, Glasgow and Sheffield are struggling in an intensely competitive world to maintain their relatively high positions in those league tables. Queen’s University Belfast is certainly not exempt from that difficult struggle.