Defamation Bill
Debate between Lord Phillips of Sudbury and Lord Skelmersdale(12 years, 10 months ago)
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The Deputy Chairman of Committees
Page 2, line 34, leave out paragraph (b) and insert the new paragraph (b) as printed on the Marshalled List. As an amendment to that amendment, I call the noble Lord, Lord Phillips of Sudbury, to move Amendment 15.
Lord Phillips of Sudbury
My Lords, I was going to ask my noble friend a question. Is it too late to ask him?
Lord Phillips of Sudbury
In that case, it is very important, in the light of the amendment in my name, to know whether the words, “the defendant reasonably believed”, inserted by Amendment 14 to Clause 4(1)(b), are construed in an objective or a subjective way. If that is an unfair question then we will have to wait for a reply, but it is very important.
The Deputy Chairman of Committees
My Lords, to get us back on to the straight and narrow, an amendment to Amendment 14 has been proposed.
Amendment 15 (to Amendment 14)
Lord Phillips of Sudbury
I have rather lost the plot. Can the Minister reply to my question before I move my amendment? I may not have to move it if he answers in a certain way.
Lord McNally
I would have to take advice on those matters. In a room full of lawyers, I am not going to make comments ex cathedra, ad hoc, on the hoof, or whatever description they might say. Why not ask your questions? By the time I come to reply I might even give you an answer.
The Deputy Chairman of Committees
Before we go on, perhaps I should remind the Grand Committee that we are discussing an amendment to a government amendment in the name of the noble Lord, Lord Phillips of Sudbury. It was called and therefore it will need to be withdrawn. Since it is in the same group, it does not particularly matter for the purposes of the debate. But that is the position.