Robert Sharp

Barrister

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"A looming democratic deficit"?

The folk at the brilliant OurKingdom blog commissioned a piece from me on the next steps for Libel Reform.  The crucial issue:

During the Parliamentary debates, the Government flatly rejected proposals to extend the Derbyshire principle to private companies spending taxpayers money. British citizens are therefore confronted with a looming democratic deficit. As private companies take over the running of prisons, waste collection, school dinners, care homes, and large swathes of the NHS, the space to criticise them is squeezed. By leaving the Derbyshire principle to the courts to develop further, the Government have introduced an unwelcome ambiguity into our public discourse, especially at the local level. It will be left to citizens to closely monitor how the big subcontractors behave in this area. Any hint that these corporations are stifling public criticism through use of the libel law must be met with a public outcry.

Read the whole article, What next for libel reform?, on the OurKingdom blog.

Save The Translators

A few years agao, I blogged about the campaign to save the Iraqi translators who had worked for British troops in the country.  Appallingly, the British Government refused to give them asylum, even though it was their work helping (perhaps, even keeping alive) British soldiers that had got them into trouble in the first place.
Via Aavaz, I learn that the British Government may now repeat this shameful episode in relation to translators working with British forces in Afghanistan.  They want to give compensation, in lieu of asylum.
This really is not good enough. We have a duty to protect these people.  Failure to do so would not only be a moral outrage – it would damage the reputation of British forces abroad and make it much harder to recruit local translators for future military operations.
Aavaz have a petition, which I have signed. Please do the same.
Why does the British Government drag its heels on these ethical no-brainers?  I worry that it is down to the confused debate about immigration in this country.  Asylum seekers, refugees, economic migrants and illegal immigrants are all very different types of migrant, but they are all spoken of as similarly illegitimate and unwelcome.  We cannot allow an immature debate at home to hobble our soliders working abroad.
 

Tracked Changes in the Defamation Bill

tracked-changes-first-page
Jubilate!  The Defamation Bill recieved Royal Assent yesterday.  It is now the Defamation Act 2013.
Watching the legislative process up close has been fascinating.  It fills me with confidence that candidate laws are put to such detailed and rigourous debate.
To give a sense of how a Bill changes as it passes through both Houses of Parliament, I have created a Defamation Bill (Tracked Changes) document.  Download a PDF [223 KB] or a Word Document [49 KB].  It is based on the successive Bills and amendments found on the Houses of Parliament website.  In the document, you can see how some clauses were tweaked, with the alteration of a word here or there.  In other places you can see where whole clauses were added and then removed, as the House of Commons disagreed with the House of Lords. Continue reading

What the hell just happened with the Defamation Bill?

There’s a little bit of confusion over what happened during the Defamation Bill debate in the House of Lords yesterday afternoon, and today in the House of Commons. This is understandable, as the ‘ping-pong’ process is confusing, with ‘motions to agree amendments’… and amendments to those amendments.
The only issue at stake was was hurdles should be placed before companies wishing to sue. The pre-exising law allows corporates to bully critics with libel threats and a legal ‘reputation management’ industry has emerged, with websites and bloggers receiving threats unless they remove critical content. Which?, the consumer magazine that reviews products, often receives a legal threat after they give a product a poor rating!
In an earlier parliamentary debate, Labour succeeded in adding a significant clause to the Defamation Bill. It introduced a permissions stage for companies (you can’t sue without leave of the court) and asked them to show financial loss. It also extended the Derbyshire principle, so private bodies delivering public services could not sue when they are criticised by citizens questioning how taxpayers money is spent. Three measures in one clause.
Continue reading

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