Committee
Justice Committee 26 January 2021
26 Jan 2021 · S5 · Justice Committee
Item of business
Defamation and Malicious Publication (Scotland) Bill: Stage 2
There will be a division. For Ewing, Annabelle (Mid Scotland and Fife) (SNP) Kerr, Liam (North East Scotland) (Con) MacGregor, Fulton (Coatbridge and Chryston) (SNP) Mackay, Rona (Strathkelvin and Bearsden) (SNP) McArthur, Liam (Orkney Islands) (LD) Robison, Shona (Dundee City East) (SNP) Tomkins, Adam (Glasgow) (Con) Against Finnie, John (Highlands and Islands) (Green) Grant, Rhoda (Highlands and Islands) (Lab)
In the same item of business
The Convener (Adam Tomkins)
Con
Good morning, everyone, and welcome to the third meeting of the Justice Committee in 2021. We have received no apologies this morning. We are joined by Andy ...
The Convener
Con
Amendment 29, in the name of Andy Wightman, is grouped with amendments 30 to 32 and 36. If amendment 29 is agreed to, I cannot call amendments 30 to 32, due ...
Andy Wightman (Lothian) (Ind)
Ind
In policy terms, all these amendments relate to section 1. In the committee’s stage 1 report, members recommended “that the Scottish Government reviews the...
Annabelle Ewing (Cowdenbeath) (SNP)
SNP
In my contribution to the stage 1 debate on the bill, I asked the minister to further reflect on whether the balance struck in the bill between freedom of ex...
John Finnie (Highlands and Islands) (Green)
Green
I will make a brief contribution in support of Mr Wightman’s amendments. I remind members of the phrase “access to justice”, which is frequently referred to...
The Minister for Community Safety (Ash Denham)
SNP
Good morning. The threshold test of serious harm is an important reform of the current Scots law of defamation, and it has been the cause of sharply divided...
The Convener
Con
I invite Andy Wightman to respond and to wind up on group 1.
Andy Wightman
Ind
First, I want to follow up on what Annabelle Ewing said. I acknowledge that I had a very productive meeting with the minister on the topic at hand, but we ha...
The Convener
Con
I take it that you are pressing amendment 29, Mr Wightman.
Andy Wightman
Ind
I will not press amendment 29. I doubt that there is any appetite for it and the minister mentioned that it unhelpfully deletes one word. Amendment 29, by a...
The Convener
Con
The question is, that amendment 30 be agreed to. Are we agreed? If members do not agree, they should type N in the chat box. Members are not agreed. There w...
The Convener
Con
The result of the division is: For 3, Against 6, Abstentions 0. Amendment 30 disagreed to. Amendment 31 not moved. Amendment 32 moved—Andy Wightman.
The Convener
Con
The question is, that amendment 32 be agreed to. Are we agreed? Members: No.
The Convener
Con
There will be a division. For Finnie, John (Highlands and Islands) (Green) Grant, Rhoda (Highlands and Islands) (Lab) McArthur, Liam (Orkney Islands) (LD...
The Convener
Con
The result of the division is: For 3, Against 6, Abstentions 0. Amendment 32 disagreed to. Section 1 agreed to. Section 2—Prohibition on public authorit...
The Convener
Con
Amendment 1, in the name of the minister, is grouped with amendments 33, 2, 3, 34, 4 and 35. If amendment 33 is agreed to, I cannot call amendment 2 due to p...
Ash Denham
SNP
Section 2 aims to place on a statutory footing the common-law principle that public authorities cannot raise defamation proceedings. Public authorities have ...
The Convener
Con
I invite John Finnie to speak to amendment 33 and the other amendments in the group.
John Finnie
Green
Thank you, convener. Inaudible. What we do know is that the rationale for the decision behind the Derbyshire principle was that public bodies should be “ope...
Rhoda Grant (Highlands and Islands) (Lab)
Lab
I speak in support of John Finnie’s amendments. If a company or organisation is carrying out a public service, it is important that it is properly scrutinise...
The Convener
Con
Thank you. No other member has indicated that they wish to speak in this group, so I ask the minister to respond and wind up.
Ash Denham
SNP
Most of the comments were about the right to criticise the delivery of public services, which is an important right that the bill already takes seriously. Ou...
The Convener
Con
The question is, that amendment 1 be agreed to. Are we agreed? Members: No.
The Convener
Con
There will be a division. For Ewing, Annabelle (Mid Scotland and Fife) (SNP) Kerr, Liam (North East Scotland) (Con) MacGregor, Fulton (Coatbridge and Chr...
The Convener
Con
The result of the division is: For 7, Against 2, Abstentions 0. Amendment 1 agreed to. Amendment 33 moved—John Finnie.
The Convener
Con
The question is, that amendment 33 be agreed to. Are we agreed? Members: No.
The Convener
Con
There will be a division. For Finnie, John (Highlands and Islands) (Green) Grant, Rhoda (Highlands and Islands) (Lab) Against Ewing, Annabelle (Mid Scot...
The Convener
Con
The result of the division is: For 2, Against 7, Abstentions 0. Amendment 33 disagreed to. Amendment 2 moved—Ash Denham.
The Convener
Con
The question is, that amendment 2 be agreed to. Are we agreed? Members: No.
The Convener
Con
There will be a division. For Ewing, Annabelle (Mid Scotland and Fife) (SNP) Kerr, Liam (North East Scotland) (Con) MacGregor, Fulton (Coatbridge and Chr...