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Labour makes bid for libel law amendment in Lords Labour makes bid for libel law amendment in Lords
(5 months later)
The Labour party is to launch a fresh bid in the Lords next week to stop big businesses from using expensive libel laws to silence their critics.The Labour party is to launch a fresh bid in the Lords next week to stop big businesses from using expensive libel laws to silence their critics.
The opposition has tabled a new amendment to the defamation bill, which is being debated on Tuesday in the upper house, to reinstate a clause removed by the Conservatives which will force corporations to prove they have suffered "substantial" financial damage before they can launch libel action.The opposition has tabled a new amendment to the defamation bill, which is being debated on Tuesday in the upper house, to reinstate a clause removed by the Conservatives which will force corporations to prove they have suffered "substantial" financial damage before they can launch libel action.
Shadow justice secretary Sadiq Khan said the Labour party was doing this despite what he described as "wishy washy" assurances from the justice secretary in the Commons this week that the Tories would reconsider their position on this issue.Shadow justice secretary Sadiq Khan said the Labour party was doing this despite what he described as "wishy washy" assurances from the justice secretary in the Commons this week that the Tories would reconsider their position on this issue.
"We will continue to exert pressure on the government to improve the bill, so that corporations stop their chilling effect on free speech," said Khan."We will continue to exert pressure on the government to improve the bill, so that corporations stop their chilling effect on free speech," said Khan.
Britain's libel laws have been used by corporations to "take journalists out of the game", Labour MP Paul Farrelly told the Commons on Tuesday.Britain's libel laws have been used by corporations to "take journalists out of the game", Labour MP Paul Farrelly told the Commons on Tuesday.
Farrelly cited a Tesco case against the Guardian and another involving cardiologist Peter Wilmshurst, who was sued for libel by an American medical firm after he criticised their research at a US conference in 2007, as an example of the abuse of defamation laws.Farrelly cited a Tesco case against the Guardian and another involving cardiologist Peter Wilmshurst, who was sued for libel by an American medical firm after he criticised their research at a US conference in 2007, as an example of the abuse of defamation laws.
Although this part of the bill had been passed by the Lords, Sir Edward Garnier, the Tory MP and former solicitor general, won his motion to have it struck out when it returned to the Commons on Tuesday.Although this part of the bill had been passed by the Lords, Sir Edward Garnier, the Tory MP and former solicitor general, won his motion to have it struck out when it returned to the Commons on Tuesday.
In a game of political ping pong, Labour will now try and crowbar it back in to the bill with a fresh amendment, unless the Tories come up with a satisfactory solution by 5pm on Monday, the deadline for amendments.In a game of political ping pong, Labour will now try and crowbar it back in to the bill with a fresh amendment, unless the Tories come up with a satisfactory solution by 5pm on Monday, the deadline for amendments.
Labour is also trying to get a connected clause relating to private companies working for local councils reinstated to prevent companies such as G4S, Atos Healthcare or any other firms with outsourcing contracts suing members of the public who criticise the work they do on behalf of the taxpayer.Labour is also trying to get a connected clause relating to private companies working for local councils reinstated to prevent companies such as G4S, Atos Healthcare or any other firms with outsourcing contracts suing members of the public who criticise the work they do on behalf of the taxpayer.
Lord Lester, the Liberal Democrat peer, said he is very concerned that this clause was removed from the bill even though case law has established the so-called Derbyshire principle, which bars local councils from taking libel action.Lord Lester, the Liberal Democrat peer, said he is very concerned that this clause was removed from the bill even though case law has established the so-called Derbyshire principle, which bars local councils from taking libel action.
Lester is concerned about agencies working on their behalf, but is also concerned that the Localism Act of 2011 could have undermined the Derbyshire principle and may table an amendment to clarify this.Lester is concerned about agencies working on their behalf, but is also concerned that the Localism Act of 2011 could have undermined the Derbyshire principle and may table an amendment to clarify this.
Khan accused the Lib Dems of reneging on their manifesto promise by voting with the Tories this week.Khan accused the Lib Dems of reneging on their manifesto promise by voting with the Tories this week.
"Lib Dem peers now have the choice of voting with Labour to level the defamation playing field or siding with the Tories to protect the interests of powerful big companies and institutions over innocent citizens," he said."Lib Dem peers now have the choice of voting with Labour to level the defamation playing field or siding with the Tories to protect the interests of powerful big companies and institutions over innocent citizens," he said.
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