David Norris (Independent)

This section relates to the reliance on a defence of truth. I made a point during the Second Stage debate and I regret that I did not table an amendment. I wish to signal that I will table such an amendment on Report Stage. Truth is the very best defence because nobody could possibly object to newspapers publishing truth however painful it might be for the person embarrassed or inconvenienced by that truth. The person against whom the allegations have been made in a newspaper should be entitled at a relatively early stage through his or her legal representatives to know the basis upon which that claim of truth is being made. On Report Stage I will table an amendment along the following lines: "Where the defendant relies upon truth as a defence he or she should be obliged in the pleadings contained in the defence to set out the facts upon which he or she will rely in the defence". That would give the plaintiff the opportunity to examine it, rather like the notice for further and better particulars, etc. If an appalling claim is made about somebody and the defendant relies on the defence of truth, it is only fair that the other side should get the opportunity to examine it in order to prepare for proper cross-examination in the process.