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MARSHALLED LIST OF MOTIONS AND AMENDMENTS TO BE MOVED ON |
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CONSIDERATION OF commons DisAgreeMENTS and REASONS |
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[The page and line references are to HL Bill 41, the bill as first printed for the Lords.] |
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LORDS AMENDMENTS NO. 1, 15 AND 16 |
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1 | Insert the following new Clause— |
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| | “Arbitration Service for defamation and related civil claims against members of |
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| | Independent Regulatory Board |
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| | (1) | The Lord Chief Justice shall establish a Defamation Recognition |
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| | (2) | Schedule (Recognition Commission) makes provision relating to the |
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| | Defamation Recognition Commission. |
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| | (3) | The Defamation Recognition Commission shall certify bodies as |
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| | Independent Regulatory Boards in accordance with the criteria in Schedule |
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| | (Recognition Commission). |
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| | (4) | An Independent Regulatory Board shall provide a recognised arbitration |
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| | service as set out in Schedule (Specialist Arbitration Service). |
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| | (5) | A court shall take into account when awarding costs and damages whether |
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| | either party, claimant or defendant in a dispute has chosen not to use the |
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| | recognised arbitration service of an Independent Regulatory Board. |
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| | (6) | A court shall award costs under subsection (5) on an indemnity basis unless |
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| | the interests of justice require otherwise. |
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| | (7) | A court may order a successful party to pay all the costs of proceedings if |
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| | such party has unreasonably refused to use an available recognised |
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| | (8) | A court awarding in its judgment exemplary damages where a defendant |
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| | is guilty of a flagrant breach of a defendant’s rights can also take into |
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| | (a) | a claimant refused to use a recognised arbitration service; |
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| | (b) | a defendant refused to use or join a recognised arbitration service.” |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendments Nos. 1, 15 and 16 for the Reason set out at |
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15 | Insert the following new Schedule— |
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| | 1 | This Schedule provides the method by which the Recognition |
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| | Commission may be constituted for the purposes of this Act. |
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| | 2 | Appointments to membership of the Recognition Commission will be |
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| | made by the Lord Chief Justice. |
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| | 3 | An individual may be appointed only if he or she has consented to act |
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| | (a) | a present or former Civil Service Commissioner; |
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| | (b) | a present or former holder of high judicial office (within the |
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| | meaning of Part 3 of the Constitutional Reform Act 2005); or |
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| | (c) | a person who in the opinion of the Lord Chief Justice is suitable |
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| | for appointment having regard to their reputation and |
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| | experience and is independent of all political parties and all |
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| | 4 | The Recognition Commission must consider whether an Independent |
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| | Regulatory Board body has— |
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| | (a) | sufficient guarantees of independence, including suitable |
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| | independent, fair and transparent procedures for appointments |
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| | (b) | suitable functions, powers, personnel and resources to ensure |
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| | that it can fulfil its principal objectives effectively, |
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| | (c) | an appropriate standards code, |
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| | (d) | an arbitration service able to deal with defamation and related |
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| | civil claims, effective processes for upholding standards, |
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| | (e) | an efficient procedure for handling complaints, and |
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| | (f) | is open to all news publishers. |
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| | 5 | The Recognition Commission must review a recognised regulator at |
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| | least once during the period of two years beginning with the date of |
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| | certification, and at intervals of not more than three years after that. |
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| | 6 | If having reviewed a body the Recognition Commission is no longer |
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| | satisfied that it complies with paragraph 4, the Recognition Commission |
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| | must consult the body and give directions designed to ensure that the |
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| | body complies with paragraph 4 within a reasonable time. |
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| | 7 | If the body fails to comply with directions given under paragraph 6 the |
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| | Recognition Commission must revoke the body’s certification. |
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| | 8 | The Recognition Commission shall not be involved in the regulation of |
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| | any subscriber to an Independent Regulatory Board.” |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendments Nos. 1, 15 and 16 for the Reason set out at |
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16 | Insert the following new Schedule— |
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| | Specialist Arbitration Service |
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| | 1 | An Independent Regulatory Board must provide an Arbitration Service |
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| | in relation to defamation and related civil legal claims drawing on |
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| | independent legal experts on a cost-only basis to the subscribing |
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| | 2 | The arbitration rules must provide for a fair, quick and inexpensive |
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| | process, which is inquisitorial and free for complainants to use (save for |
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| | a power to make an adverse order for the costs of the arbitrator if |
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| | proceedings are frivolous or vexatious). |
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| | 3 | The arbitrator shall have the powers set out in section 48(3) to (5) of the |
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| | 4 | The arbitrator must be able to hold hearings where necessary or dispense |
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| | with them where not necessary. |
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| | 5 | The process must include provision for frivolous or vexatious claims to |
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| | be struck out at an early stage.” |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendments Nos. 1, 15 and 16 for the following Reason— |
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16A | Because the draft Royal Charter on Self-Regulation of the Press and provisions in the Crime |
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| | and Courts Bill and the Enterprise and Regulatory Reform Bill will be sufficient to |
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| | implement the recommendations in Lord Justice Leveson’s report. |
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| | Lord McNally to move, That this House do not insist on its Amendments 1, 15 |
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| | and 16 to which the Commons have disagreed for their Reason 16A. |
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2 | Insert the following new Clause— |
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| | (1) | This section apples to an action for defamation brought by— |
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| | (b) | other non-natural legal persons trading for profit; or |
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| | (c) | trade associations representing organisations trading for profit. |
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| | (2) | The permission of the court must be obtained in order to bring an action to |
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| | which this section applies. |
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| | (3) | The court must strike out an application under subsection (2) unless the |
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| | body corporate can show that the publication of the words or matters |
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| | complained of has caused, or is likely to cause, substantial financial loss to |
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| | (4) | Non-natural persons performing a public function do not have an action in |
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| | defamation in relation to a statement concerning that function.” |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendment No. 2 for the following Reason— |
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2A | Because it is unnecessary and inappropriate for the Bill to make special provision |
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| | restricting the bringing of defamation claims by non-natural legal persons. |
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| | Lord McNally to move, That this House do not insist on its Amendment 2 to |
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| | which the Commons have disagreed for their Reason 2A, but do propose |
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2B | Page 1, line 4, at end insert— |
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| | “( ) | For the purposes of this section, harm to the reputation of a body that |
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| | trades for profit is not “serious harm” unless it has caused or is likely to |
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| | cause the body serious financial loss.” |
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| | Baroness Hayter of Kentish Town to move, as an amendment to Motion B, after |
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2C | Insert the following new Clause— |
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| | “Non-natural persons performing a public function |
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| | Non-natural persons performing a public function do not have an action in |
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| | defamation in relation to a statement concerning that function.” |
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| | Baroness Hayter of Kentish Town to move, as an amendment to Motion B, after |
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2D | Page 1, line 4, at end insert— |
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| | “( ) | An action may not be brought by a body that trades for profit without the |
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| | permission of the court; and permission must be granted if (and only if) the |
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| | prospective claimant shows that the matters complained of have caused or |
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| | are likely to cause the claimant serious financial loss.” |
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| | Lord Lester of Herne Hill to move, as an amendment to Motion B, after “2B” in |
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2E | Insert the following new Clause— |
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| | “Local authority’s general power of competence |
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| | Nothing in section 1 of the Localism Act 2011 empowers a local authority |
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| | to bring defamation proceedings in relation to a statement concerning the |
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| | way it performs its public functions.” |
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