Day 242 - 29 Apr 96 - Page 54


     
     1
     2   MR. JUSTICE BELL:  You can report what is said in Parliament.
     3        Indeed, now in construing what an Act of Parliament means,
     4        we are even allowed in some circumstances to look at
     5        reports of debates to see what Members of Parliament says.
     6
     7   MR. MORRIS:  Yes.  So I do not see how it can be used as a
     8        particular to justify the Plaintiffs issuing 300,000
     9        leaflets attacking the credibility of the Defendants.  How
    10        can the fact that Parliament had a motion put to it about
    11        some of the issues in this case -- I do not know, I do not
    12        think it is allowed for the Plaintiffs to bring that in.
    13        We never actually brought it up.  It is something that got
    14        passed by and should that not be removed from the case?
    15
    16   MR. JUSTICE BELL:  I think they can plead it; whether it takes
    17        me anywhere at the end of the day is another matter.
    18
    19   MS. STEEL:   I think the question arises because you cannot
    20        bring liable proceedings for what is said in Parliament
    21        because it is protected and, therefore, in theory, it ought
    22        to mean that they cannot use it in this sense either.
    23
    24   MR. JUSTICE BELL:  I do not actually think that follows, there
    25        is an absolute privilege on what is said, but it is a
    26        privilege from suit not a privilege from using it in
    27        evidence.
    28
    29   MR. RAMPTON:  That is right.
    30
    31   MR. JUSTICE BELL:  If there is anything you must add, do.
    32
    33   MR. RAMPTON:  No, but for the avoidance, it is important it
    34        should be clear.  Obviously, one could not sue on it.
    35        Equally, one could not enquire into the propriety of
    36        Mr. Corbyn's conduct as a member of Parliament; that is
    37        clear too.
    38
    39   MR. JUSTICE BELL:  You could not seek any discovery in relation
    40        to it, and if the case could not be fairly conducted
    41        without the discovery, it might be a ground for stopping
    42        it, but that is another matter entirely.
    43
    44   MR. RAMPTON:  That is another matter, but if the fair inference
    45        to be drawn from what happened is that he was prompted to
    46        say what he did under the cloak of privilege by the
    47        Defendants, then that is quite another matter.
    48
    49   MR. JUSTICE BELL:  It is only important if that connection is
    50        established, but I will just have to wait and see.  I do 
    51        not think you lose anything from these voluntary 
    52        particulars.  I think they ought to be described just to be 
    53        voluntary particulars, not of defence to counterclaim,
    54        because in some respects they are voluntary particulars of
    55        the claim as well, but that is a quibble really.
    56
    57   MR. ATKINSON:  I mean, I woke up to that later in the day with
    58        these ---
    59
    60   MR. JUSTICE BELL:  Yes.

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