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.
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Tag: legislation (Page 2 of 2)
Photo by Dave Schumaker on Flickr, Creative Commons Licence
Its great news that MPs voted for marriage equality yesterday. We should remember that the debate yesterday was only one of several stages in the Marriage (Same Sex Couples) Bill. There will be other votes on this issue, and the arguments for and against the reforms will persist for a little while yet.
The anti-family campaigners’ main argument is this: If we re-define marriage to include same-sex marriage, what is to stop a future parliament from re-defining the concept again, to allow polygamy, or inter-species marriage, &ct?
The usual rebuttal to this is that marriage has often been redefined – The Liberal Democrat campaigner Mark Pack’s recent post on this topic is a great example of this argument. There is, however, another argument, that is admittedly less persuasive but worth an airing. It is this: If we acquiesce to the traditional, religious conception of marriage, what is to stop future parliaments making further reversions in the future? The religious books are pretty clear that the male has primacy in a marriage, and a religiously motivated politicians might seek to restore that inequality by redefining marriage. Likewise, the Bible has passages that warn against inter-faith marriage, such as 2 Corinthians 6:14:
Be ye not unequally yoked together with unbelievers: for what fellowship hath righteousness with unrighteousness? and what communion hath light with darkness?
Stern stuff. The Old Testament also endorses polygamy.
So giving credence to anything proposed by the religious or social conservatives risks a similar if different ‘slippery slope’ argument. “Traditional Marriage Paves The Way For A Return To Polygamy”.
This is a reminder that it is in the very nature of our political system that laws may be changed, and that any change to any law means that it could be further reformed in the future. This is not a bad thing (although those who see their values falling out of fashion tend to see it as such).
Are there any immutable laws that are not open to revision by future parliaments? In times past, God’s Law performed this function. But this was a flawed system, not least because religious authorities seem happy to re-legislate the Word of God when it is convenient. Countries with a written constitution seek to encode some underlying laws that frame what legislators can and cannot do… but constitutions are open to amendment and repeal. In Britain, the European Convention on Human Rights can trump domestic law. Its incarnation in British law, the Human Rights Act, has a certain meta-status, governing what other laws can or cannot say. But even these laws are open to repeal or withdrawal by law-makers.
There is no final arbiter that can prevent the slippery slope towards mad laws, dangerous and unethical laws, if a parliament wishes such things to be so. This is why the vigilance of the people is so important – to ensure that the law keeps pace with, but does not go beyond, our values. This seems to be happening in the case of the Marriage (Same Sex Couples) Bill, which reflects the new public consensus that marriage should be available to all.
Parliament, 17th December 2012
Excuse me if I go off on a technical rant for a moment. I find it very irritating when people don’t use HTML mark-up properly. I can forgive the occasional user, or those relying on WYSIWYG editors, but for large, professionally coded websites, there is no excuse for mark-up which does not apply standards correctly.
What has vexed me so? The Houses of Parliament website. In many ways this is a great resource. They offer video of parliamentary debates, and the Hansard of the previous day’s proceedings is posted promptly the following moring. However, the underlying mark-up is flawed. Continue reading