Formal Minutes
Extract from the House of Lords Minutes of Proceedings
on 23 March 2011
Draft Defamation Bill
Lord Strathclyde moved that it is expedient that a joint committee
of Lords and Commons be appointed to consider and report on the
draft Defamation Bill presented to both Houses on 15 March (Cm
8020) and that the committee should report on the draft Bill by
19 July 2011. The motion was agreed to and a message was sent
to the Commons.
Extract from the Votes and Proceedings of the
House of Commons of 24 March 2011
Draft Defamation Bill (Joint Committee)—Resolved,
That this House concurs with the Lords Message of 23 March, that
it is expedient that a Joint Committee of Lords and Commons be
appointed to consider the draft Defamation Bill presented to both
Houses on 15 March (Cm 8020).
Ordered, That a Select
Committee of six Members be appointed to join with the Committee
appointed by the Lords to consider the draft Defamation Bill (Cm
8020).
That the Committee should report on the draft Bill
by Tuesday 19 July 2011.
That the Committee shall have power—
(i) to send for persons, papers and records;
(ii) to sit notwithstanding any adjournment of the
House;
(iii) to report from time to time;
(iv) to appoint specialist advisers; and
(v) to adjourn from place to place within the United
Kingdom.
That Sir Peter Bottomley, Rehman Chishti, Chris Evans,
Dr Julian Huppert, Mr David Lammy and Stephen Phillips be members
of the Committee.—(Bill Wiggin.)
Extract from the House of Lords Minutes of Proceedings
on 31 March 2011
Draft Defamation Bill
The Chairman of Committees moved that the Commons message of 28
March be considered; that a Committee of six Lords be appointed
to join with the Committee appointed by the Commons to consider
and report on the draft Defamation Bill presented to both Houses
on 15 March (Cm 8020); and that the Committee should report on
the draft Bill by 19 July 2011;
That, as proposed by the Committee of Selection,
the following members be appointed to the Committee:
| Lord Bew
Lord Grade of Yarmouth
Baroness Hayter of Kentish Town
| Lord Marks of Henley-on-Thames
Lord Mawhinney
Lord Morris of Aberavon
|
That the Committee have power to agree with the Committee appointed
by the Commons in the appointment of a Chairman;
That the Committee have power to send for persons,
papers and records;
That the Committee have power to appoint specialist
advisers;
That the Committee have leave to report from time
to time;
That the Committee have power to adjourn from place
to place within the United Kingdom;
That the reports of the Committee from time to time
shall be printed, regardless of any adjournment of the House;
That the evidence taken by the Committee shall, if
the Committee so wishes, be published; and
That the Committee meet with the Committee appointed
by the Commons on Monday 4 April at 4.00pm in Committee Room 6.
The motion was agreed to.
Extract from the House of Lords Minutes of Proceedings
of 23 May 2011
Draft Defamation Bill—Lord
Strathclyde moved that, notwithstanding the Resolution of this
House of 23 March, it be an instruction to the Joint Committee
on the Draft Defamation Bill that it should report on the draft
Bill by 31 October 2011. The motion was agreed to.
Extract from the Votes and Proceedings of the
House of Commons of 24 May 2011
Draft Defamation Bill (Joint Committee)—Resolved,
That this House concurs with the Lords Message of 23 May that,
notwithstanding the resolution of this House of 24 March, it be
an instruction to the Joint Committee on the Draft Defamation
Bill that it should report on the draft Bill by 31 October.—(Mr
Goodwill.)
Monday 4 April 2011
Members present:
|
Lord Bew
Lord Grade of Yarmouth
Baroness Hayter of Kentish Town
Lord Mawhinney
| Rehman Chishti MP
Christopher Evans MP
Dr Julian Huppert MP
Rt Hon David Lammy MP
Stephen Phillips MP
|
Members' interests: The full lists of Members' interests as recorded
in the Commons Register of Members' Interest and the Lords Register
of Interests are noted. Declared interests are appended to the
report.
It is moved that Lord Mawhinney do take the Chair.—(Rt
Hon David Lammy MP).
The same is agreed to.
The Orders of Reference are read.
The Joint Committee deliberate.
The Call for Evidence is agreed to.
Ordered, That the Joint Committee be adjourned
to Wednesday 27 April at 9.15am.
Wednesday 27 April 2011
Members Present:
Lord Mawhinney, in the Chair
| Lord Bew
Lord Grade of Yarmouth
Baroness Hayter of Kentish Town
Lord Marks of Henley-on-Thames
| Sir Peter Bottomley MP
Rehman Chishti MP
Christopher Evans MP
Dr Julian Huppert MP
Rt Hon David Lammy MP
Stephen Phillips MP
|
The Joint Committee deliberate.
Ordered, That Andrew Caldecott
QC be appointed as Specialist Adviser.
Ordered, that written
evidence received by the Committee be published on the Committee's
website.
The following witness is examined:
Lord Lester of Herne Hill QC.
Ordered, That the Joint Committee be adjourned
to Wednesday 4 May at 9.15am.
Wednesday 4 May 2011
Members present:
Lord Mawhinney, in the Chair
|
Lord Bew
Lord Marks of Henley-on-Thames
Lord Morris of Aberavon
| Sir Peter Bottomley MP
Rehman Chishti MP
Dr Julian Huppert MP
Rt Hon David Lammy MP
|
The Joint Committee deliberate.
The following witnesses are examined:
Jonathan Heaward, Jo Glanville, Evan Harris and Tracey
Brown, Libel Reform Campaign; and Professor Mullis and Dr Scott.
Ordered, That the Joint Committee be adjourned
to Monday 9 May at 4 .00pm.
Monday 9 May 2011
Members present:
Lord Mawhinney, in the Chair
| Lord Bew
Baroness Hayter of Kentish Town
Lord Marks of Henley-on-Thames
Lord Morris of Aberavon
| Sir Peter Bottomley MP
Christopher Evans MP
Dr Julian Huppert MP
Rt Hon David Lammy MP
Stephen Phillips MP
|
The Joint Committee deliberate.
The following witnesses are examined:
Keith Mathieson, Partner, Reynolds Porter Chamberlain;
Mark Stephens, Partner, Finers Stephens Innocent; David Price,
Solicitor Advocate, David Price Solicitors and Advocates and Marcus
Partington, Chair, Media Lawyers Association and Head of Legal
at the Daily Mirror; Nigel Tait, Partner, Carter-Ruck, Rod Christie-Miller,
Chief Executive and Partner, Schillings Solicitors; and Jeremy
Clarke-Williams, Head of the Media Libel and Privacy Department
at Russell, Jones and Walker Solicitors and Duncan Lamont, Head
of Media at Charles Russell LLP.
Ordered, That the Joint Committee be adjourned
to Wednesday 11 May at 9.15am.
Wednesday 11 May 2011
Members present:
Lord Mawhinney, in the Chair
| Lord Bew
Lord Grade of Yarmouth
Baroness Hayter of Kentish Town
Lord Morris of Aberavon
| Dr Julian Huppert MP
Rehman Chishti MP
|
The Joint Committee deliberate.
The following witnesses are examined:
Alan Rusbridger, Editor of The Guardian, Philip Johnson,
Assistant Editor of The Daily Telegraph and Alastair Brett, former
Head of the Legal Department at The Times and Managing Director
of Early Resolution.
Ordered, That the Joint Committee be adjourned
to Monday 16 May at 4 .00pm.
Monday 16 May 2011
Members present:
Lord Mawhinney, in the Chair
|
Lord Bew
Lord Grade of Yarmouth
Baroness Hayter of Kentish Town
Lord Marks of Henley-on-Thames
Lord Morris of Aberavon
| Sir Peter Bottomley MP
Rehman Chishti MP
Chris Evans MP
Dr Julian Huppert MP
David Lammy MP
Stephen Phillips MP
|
The Joint Committee deliberate.
Resolved, That the Joint
Committee request an extension to its deadline.
Ordered, That the Joint Committee be adjourned
to Wednesday 18 May at 9.15am.
Wednesday 18 May 2011
Members present:
Lord Mawhinney, in the Chair
| Lord Bew
Lord Grade of Yarmouth
Baroness Hayter of Kentish Town
Lord Marks of Henley-on-Thames
Lord Morris of Aberavon
| Sir Peter Bottomley MP
Rehman Chishti MP
Dr Julian Huppert MP
David Lammy MP
|
The Joint Committee deliberate.
The following witnesses are examined:
Sophie Farthing, Policy Officer, Liberty, David Marshall,
Senior In-House Lawyer, Which?, Charmian Gooch, Director, Global
Witness and Rowan Davies, Campaigns Organiser, Mumsnet; and the
Rt Hon Lord Wakeham DL and the Rt Hon Lord Mackay of Clashfern.
Ordered, That the Joint Committee be adjourned
to Monday 23 May at 4.00pm.
Monday 23 May 2011
Members present:
Lord Mawhinney,l in the Chair
| Lord Bew
Lord Grade of Yarmouth
Lord Marks of Henley-on-Thames
Lord Morris of Aberavon
| Sir Peter Bottomley MP
Chris Evans MP
Dr Julian Huppert MP
David Lammy MP
Stephen Phillips MP
|
The Joint Committee deliberate.
The following witnesses are examined:
Nicolas Lansman, Secretary General and Mark Gracey,
Chair of Content Liability Group, Internet Service Providers Association,
Emma Ascroft, Head of Public and Social Policy at Yahoo! UK and
Ireland and Professor Ian Walden, Head of the Institute of Computer
and Communications Law in the Centre for Commercial Law Studies
at Queen Mary University, London; and Tim Godfray, Chief Executive,
Booksellers Association, Vicky Harris, Senior Legal Counsel, Thomson
Reuters, representing the Publishers Association and Professor
Chris Frost, Chair of the Ethics Council, National Union of Journalists.
The Joint Committee further deliberate.
Ordered, That the Joint Committee be adjourned
to Monday 13 June at 4.00pm.
Monday 13 June 2011
Members present:
Sir Peter Bottomley MP, in the Chair
|
Baroness Hayter of Kentish Town
Lord Marks of Henley-on-Thames
| Chris Evans MP
Dr Julian Huppert MP
David Lammy MP
Stephen Phillips MP
|
The Joint Committee deliberate.
The following witnesses are examined:
Tom Bower, author and Sarah Jones, Head of Litigation,
BBC; and Dr Philip Campbell, Editor-in-Chief, Nature, Dr Simon
Singh MBE, author, journalist and TV producer, Dr Fiona Godlee,
Editor-in-Chief, British Medical Journal, and Dr Ben Goldacre,
author, broadcaster, medical doctor and academic.
Ordered, That the Joint Committee be adjourned
to Wednesday 15 June at 9.15am.
Wednesday 15 June 2011
Members present:
Lord Mawhinney, in the Chair
|
Lord Bew
Lord Grade of Yarmouth
Baroness Hayter of Kentish Town
Lord Marks of Henley-on-Thames
Lord Morris of Aberavon
| Sir Peter Bottomley MP
Rehman Chishti MP
Stephen Phillips MP
|
The Joint Committee deliberate.
The following witnesses are examined:
Rt Hon. Kenneth Clarke QC MP, Lord Chancellor and
Secretary of State, Ministry of Justice, Rt Hon Jeremy Hunt MP,
Secretary of State for Culture, Media and Sport and Rt Hon Lord
McNally, Minister of State, Ministry of Justice.
Ordered, That the Joint Committee be adjourned
to Monday 20 June at 4.00pm.
Monday 20 June 2011
Members present:
Lord Mawhinney, in the Chair
|
Lord Bew
Lord Marks of Henley-on-Thames
Lord Morris of Aberavon
| Sir Peter Bottomley MP
Rehman Chishti MP
Dr Julian Huppert MP
|
The Joint Committee deliberate.
The following witnesses are examined:
Rt Hon Lord Falconer of Thoroton QC, Former Lord
Chancellor and Secretary of State for Justice, Rt Hon Baroness
Scotland of Asthal QC, Former Attorney General and Rt Hon Jack
Straw MP, Former Lord Chancellor and Secretary of State for Justice.
Ordered, That the Joint Committee be adjourned
to Wednesday 22 June at 9.15am.
Wednesday 22 June 2011
Members present:
Lord Mawhinney, in the Chair
|
Lord Bew
Lord Grade of Yarmouth
Baroness Hayter of Kentish Town
Lord Marks of Henley-on-Thames
Lord Morris of Aberavon
| Sir Peter Bottomley MP
David Lammy MP
Stephen Phillips MP
|
The Joint Committee deliberate.
The following witnesses are examined:
Desmond Browne QC, Joint Head of Chambers, 5 Raymond
Buildings, Adrienne Page, Joint Head of Chambers, 5 Raymond Buildings,
Hugh Tomlinson QC, Matrix Chambers and Paul Tweed, Senior Partner,
Johnsons Solicitors.
Ordered, That the Joint Committee be adjourned
to Wednesday 29 June at 9.15am.
Wednesday 29 June 2011
Members present:
Lord Mawhinney, in the Chair
|
Lord Bew
Baroness Hayter of Kentish Town
Lord Morris of Aberavon
| Sir Peter Bottomley MP
Chris Evans MP
Dr Julian Huppert MP
David Lammy MP
|
The Joint Committee deliberate.
Ordered, That the Joint Committee be adjourned
to Wednesday 6 July at 8.30am.
Wednesday 6 July 2011
Members present:
Lord Mawhinney, in the Chair
|
Lord Bew
Lord Grade of Yarmouth
Baroness Hayter of Kentish Town
Lord Marks of Henley-on-Thames
Lord Morris of Aberavon
| Rehman Chishti MP
Dr Julian Huppert MP
David Lammy MP
Stephen Phillips MP
|
The Joint Committee deliberate.
The following witnesses are examined:
Rt Hon The Lord Neuberger of Abbotsbury PC MR, The
Master of the Rolls and The Hon Mr Justice Tugendhat Kt, Head
of the Queen's Bench jury and non-jury lists; and Sir Charles
Gray Kt, Chairman, Early Resolution Group, Sir Stephen Sedley,
Chair of the Alternative Libel Group and former Lord Justice of
Appeal, and Rt Hon Lord Woolf of Barnes PC, former Lord Chief
Justice of England and Wales.
The Joint Committee further deliberate.
Ordered, That the Joint Committee be adjourned
to Monday 11 July at 4.00pm.
Monday 11 July 2011
Members present:
Lord Mawhinney, in the Chair
|
Lord Bew
Lord Grade of Yarmouth
Baroness Hayter of Kentish Town
Lord Marks of Henley-on-Thames
Lord Morris of Aberavon
| Rehman Chishti MP
Chris Evans MP
Dr Julian Huppert MP
Stephen Phillips MP
|
The Joint Committee deliberate.
The following witness is examined:
Ian Hislop, Editor, Private Eye.
Ordered, That the Joint Committee be adjourned
to Monday 18 July at 4.00pm.
Monday 18 July 2011
Members present:
Lord Mawhinney, in the Chair
|
Lord Bew
Lord Grade of Yarmouth
Baroness Hayter of Kentish Town
Lord Marks of Henley-on-Thames
| Sir Peter Bottomley MP
Chris Evans MP
David Lammy MP
Stephen Phillips MP
|
The Joint Committee deliberate.
The following witnesses are examined:
Edward Garnier QC MP, Solicitor General; and Paul
Dacre, Editor, Daily Mail and Matthew Parris, journalist, The
Times.
The Joint Committee further deliberate.
Ordered, That the Joint Committee be adjourned
to Wednesday 14 September at 9.15am.
Wednesday 14 September 2011
Members present:
Lord Mawhinney, in the Chair
|
Lord Bew
Baroness Hayter of Kentish Town
Lord Marks of Henley-on-Thames
Lord Morris of Aberavon
| Sir Peter Bottomley MP
Chris Evans MP
David Lammy MP
Dr Julian Huppert MP
|
A draft Report is presented by the Chairman.
The Joint Committee deliberate.
Ordered, That the Joint Committee be adjourned
to Wednesday 12 October at 9.15am.
Wednesday 12 October 2011
Members present:
Rt Hon Lord Mawhinney, in the Chair
|
Lord Bew
Baroness Hayter of Kentish Town
Lord Marks of Henley-on-Thames
Lord Morris of Aberavon
| Sir Peter Bottomley MP
Dr Julian Huppert MP
Stephen Phillips
|
A revised draft Report is presented by the Chairman.
The Joint Committee deliberate.
Paragraphs 1 to 24 are agreed to.
It is moved by Sir Peter Bottomley in paragraph 25
to leave out "These circumstances should generally be limited
to cases involving senior figures in public life and ordinarily
only where their public credibility is at stake."
The Committee divides.
Content, 1 Not Content, 8
Sir Peter Bottomley Lord Bew
Lord Grade of Yarmouth
Baroness Hayter of Kentish
Town
Dr Julian Huppert
Lord Marks of Henley-on-Thames
Lord Mawhinney
Lord Morris of Aberavon
Stephen Phillips
The amendment is disagreed to accordingly.
Paragraph 25 is agreed to.
Paragraphs 26 to 118 are agreed to.
The Summary is agreed to.
The Appendices to the Report are agreed to.
Ordered, That the Summary
of Conclusions and Recommendations be printed at the beginning
of the Report.
The Committee agrees that the draft Report, be the
Report of the Joint Committee.
Ordered, That certain
papers be appended to the Minutes of Evidence.
Ordered, That embargoed
copies of the Report be made available, in accordance with the
provisions of Standing Order No 134 of the House of Commons.
Ordered, That the Joint
Committee be now adjourned.
| 
