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Session 2012 - 13
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Other Bills before Parliament


 
 

 

Defamation Bill

MARSHALLED LIST OF MOTIONS AND AMENDMENTS TO BE MOVED ON

CONSIDERATION OF commons DisAgreeMENTS and REASONS

[The page and line references are to HL Bill 41, the bill as first printed for the Lords.]

MOTION A

LORDS AMENDMENTS NO. 1, 15 AND 16

After Clause 1

1

Insert the following new Clause—

 

“Arbitration Service for defamation and related civil claims against members of

 

Independent Regulatory Board

 

(1)    

The Lord Chief Justice shall establish a Defamation Recognition

 

Commission.

 

(2)    

Schedule (Recognition Commission) makes provision relating to the

 

Defamation Recognition Commission.

 

(3)    

The Defamation Recognition Commission shall certify bodies as

 

Independent Regulatory Boards in accordance with the criteria in Schedule

 

(Recognition Commission).

 

(4)    

An Independent Regulatory Board shall provide a recognised arbitration

 

service as set out in Schedule (Specialist Arbitration Service).

 

(5)    

A court shall take into account when awarding costs and damages whether

 

either party, claimant or defendant in a dispute has chosen not to use the

 

recognised arbitration service of an Independent Regulatory Board.

 

(6)    

A court shall award costs under subsection (5) on an indemnity basis unless

 

the interests of justice require otherwise.

 
 
HL Bill 96—I55/2

 
 

2

 
 

(7)    

A court may order a successful party to pay all the costs of proceedings if

 

such party has unreasonably refused to use an available recognised

 

arbitration service.

 

(8)    

A court awarding in its judgment exemplary damages where a defendant

 

is guilty of a flagrant breach of a defendant’s rights can also take into

 

account whether—

 

(a)    

a claimant refused to use a recognised arbitration service;

 

(b)    

a defendant refused to use or join a recognised arbitration service.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 1, 15 and 16 for the Reason set out at

 

16A

After Clause 17

15

Insert the following new Schedule—

 

“SCHEDULE

 

Recognition Commission

 

1          

This Schedule provides the method by which the Recognition

 

Commission may be constituted for the purposes of this Act.

 

2          

Appointments to membership of the Recognition Commission will be

 

made by the Lord Chief Justice.

 

3          

An individual may be appointed only if he or she has consented to act

 

and is—

 

(a)    

a present or former Civil Service Commissioner;

 

(b)    

a present or former holder of high judicial office (within the

 

meaning of Part 3 of the Constitutional Reform Act 2005); or

 

(c)    

a person who in the opinion of the Lord Chief Justice is suitable

 

for appointment having regard to their reputation and

 

experience and is independent of all political parties and all

 

media organisations.

 

4          

The Recognition Commission must consider whether an Independent

 

Regulatory Board body has—

 

(a)    

sufficient guarantees of independence, including suitable

 

independent, fair and transparent procedures for appointments

 

and funding,

 

(b)    

suitable functions, powers, personnel and resources to ensure

 

that it can fulfil its principal objectives effectively,

 

(c)    

an appropriate standards code,

 

(d)    

an arbitration service able to deal with defamation and related

 

civil claims, effective processes for upholding standards,

 

(e)    

an efficient procedure for handling complaints, and

 

(f)    

is open to all news publishers.

 
 

 
 

3

 
 

5          

The Recognition Commission must review a recognised regulator at

 

least once during the period of two years beginning with the date of

 

certification, and at intervals of not more than three years after that.

 

6          

If having reviewed a body the Recognition Commission is no longer

 

satisfied that it complies with paragraph 4, the Recognition Commission

 

must consult the body and give directions designed to ensure that the

 

body complies with paragraph 4 within a reasonable time.

 

7          

If the body fails to comply with directions given under paragraph 6 the

 

Recognition Commission must revoke the body’s certification.

 

8          

The Recognition Commission shall not be involved in the regulation of

 

any subscriber to an Independent Regulatory Board.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 1, 15 and 16 for the Reason set out at

 

16A

16

Insert the following new Schedule—

 

“SCHEDULE

 

Specialist Arbitration Service

 

1          

An Independent Regulatory Board must provide an Arbitration Service

 

in relation to defamation and related civil legal claims drawing on

 

independent legal experts on a cost-only basis to the subscribing

 

member.

 

2          

The arbitration rules must provide for a fair, quick and inexpensive

 

process, which is inquisitorial and free for complainants to use (save for

 

a power to make an adverse order for the costs of the arbitrator if

 

proceedings are frivolous or vexatious).

 

3          

The arbitrator shall have the powers set out in section 48(3) to (5) of the

 

Arbitration Act 1996.

 

4          

The arbitrator must be able to hold hearings where necessary or dispense

 

with them where not necessary.

 

5          

The process must include provision for frivolous or vexatious claims to

 

be struck out at an early stage.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 1, 15 and 16 for the following Reason—

16A

Because the draft Royal Charter on Self-Regulation of the Press and provisions in the Crime

 

and Courts Bill and the Enterprise and Regulatory Reform Bill will be sufficient to

 

implement the recommendations in Lord Justice Leveson’s report.

 

A

 

Lord McNally to move, That this House do not insist on its Amendments 1, 15

 

and 16 to which the Commons have disagreed for their Reason 16A.

 
 

 
 

4

 
 

MOTION B

 

LORDS AMENDMENT NO. 2

After Clause 1

2

Insert the following new Clause—

 

“Non-natural persons

 

(1)    

This section apples to an action for defamation brought by—

 

(a)    

a body corporate;

 

(b)    

other non-natural legal persons trading for profit; or

 

(c)    

trade associations representing organisations trading for profit.

 

(2)    

The permission of the court must be obtained in order to bring an action to

 

which this section applies.

 

(3)    

The court must strike out an application under subsection (2) unless the

 

body corporate can show that the publication of the words or matters

 

complained of has caused, or is likely to cause, substantial financial loss to

 

the claimant.

 

(4)    

Non-natural persons performing a public function do not have an action in

 

defamation in relation to a statement concerning that function.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendment No. 2 for the following Reason—

2A

Because it is unnecessary and inappropriate for the Bill to make special provision

 

restricting the bringing of defamation claims by non-natural legal persons.

 

B

 

Lord McNally to move, That this House do not insist on its Amendment 2 to

 

which the Commons have disagreed for their Reason 2A, but do propose

 

Amendment 2B in lieu.

Clause 1

2B

Page 1, line 4, at end insert—

 

“( )    

For the purposes of this section, harm to the reputation of a body that

 

trades for profit is not “serious harm” unless it has caused or is likely to

 

cause the body serious financial loss.”

 

B1

 

Baroness Hayter of Kentish Town to move, as an amendment to Motion B, after

 

“2B” insert “and 2C”.

After Clause 1

2C

Insert the following new Clause—

 
 

 
 

5

 
 

“Non-natural persons performing a public function

 

Non-natural persons performing a public function do not have an action in

 

defamation in relation to a statement concerning that function.”

 

B2

 

Baroness Hayter of Kentish Town to move, as an amendment to Motion B, after

 

“2B” insert “and 2D”.

Clause 1

2DParliamentary Star

Page 1, line 4, at end insert—

 

“( )    

An action may not be brought by a body that trades for profit without the

 

permission of the court; and permission must be granted if (and only if) the

 

prospective claimant shows that the matters complained of have caused or

 

are likely to cause the claimant serious financial loss.”

 

B3

 

Lord Lester of Herne Hill to move, as an amendment to Motion B, after “2B” in­

 

sert “and 2E”.

After Clause 1

2E

Insert the following new Clause—

 

“Local authority’s general power of competence

 

Nothing in section 1 of the Localism Act 2011 empowers a local authority

 

to bring defamation proceedings in relation to a statement concerning the

 

way it performs its public functions.”

 
 

 
 

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Revised 23 April 2013