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.”

The "blizzard", "confetti", "volume" and "bombardment" of vexatious libel writs against Northern Ireland journalists

Northern Ireland journalists have repeatedly referred to the journalistic climate of libel intimidation in Northern Ireland.

• Mike Gilson has worked across the British Isles and has said that Northern Ireland sees far more "vexatious claims". 
• Sam McBride has spoken of the "volume" of libel writs. 
• Anthony McIntyre has said that letters are sent like "confetti". 
• Newton Emerson has spoken of a "blizzard" of writs. 
• BBC producer and peer Viscount Colville of Culross said that journalists had been "bombarded with daily, sometimes hourly, threats of defamation." 
• Lord Lester of Herne Hill explained how a journalist who he represented sued by the Irish News for £25,000 found the "experience was so traumatic that she gave up her profession as a journalist." 
• Ruth Dudley Edwards spoke of "the DUP’s enthusiasm for restrictive libel laws."
• Mick Fealty said: "I can think of more than one Northern Irish politician that’s none to slow to pull the legal trigger when the occasion arises." 
• Mick Fealty also said: "Who needs to visit Pyongyang when we can have Pyongyang here?" 
• More worryingly, Mick Fealty reported that NI politicians now enjoy commercial indemnity, meaning "our MLAs want to be able to sue our ass. But be allowed lie with impunity." 
• Eamonn Mallie has said "I'll see you in court" is the DUP's new "war cry". 
• Journalist Patrick Kane (@patrick_kane_) said that the libel law system has been "exploited by many, and gagged even more."
• Former journalist Mike Nesbitt explained all libel actions he encountered involved the DUP (see here).

And here's the main issue and concern, as Mike Nesbitt said:

"The point is the laws are regularly utilised behind the scenes to try to influence, warn off, possibly even threaten."

And here:

"Many members of [the media] tell me they face regular threats of legal action for defamation from a particular local political party.

Viscount Colville - Journalists were bombarded with daily, sometimes hourly, threats of defamation

Viscount Colville of Culross speaks in favour of libel reform in Northern Ireland

Viscount Colville of Culross made compelling point in the House of Lords on Tuesday 25 February 2014 in favour of libel reform in Northern Ireland.

"My Lords, I declare an interest as a producer at the BBC. I support this amendment and add my concerns to those of other noble Lords at the refusal of the Northern Ireland Executive to implement the Defamation Act 2013. I was sorry not to have been able to attend Committee but I read, with regret, the Hansard report of the Minister’s speech, in which she said she could do little beyond offering some encouragement for this to go forward."

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."

Lord Lexden - Libel veto a "story of evasion and irresponsible delay"

Tory peer Lord Lexden has criticised the Northern Ireland Executive for its failure to implement libel law, calling events a "story of evasion and irresponsible delay". Lord Lexden said that the Defamation Act 2013 represented a "liberalising, modernising law, which will confer lasting benefits throughout society."

He told a committee stage debate on the Northern Ireland (Miscellaneous Provisions) Bill it was "wholly unjustifiable that the people of Northern Ireland should be excluded from the benefits and protections" of this law. He said that the province's exclusion from the Defamation Act 2013 put thousands of publishing jobs at risk and warned that a "dual system" of defamation law would create "doubt and confusion" in an area where clarity was essential. The committee stage was completed.

Read in full here.