§ The Attorney-GeneralI beg to move Amendment No. 15, in page 4, line 39, leave out from 'Scotland),' to end of line 41 and insert:
'after paragraph (c), there shall be inserted the following paragraph:—The Amendment disapplies in respect of Scotland subsection (2) of the new Section 12A which is inserted by Clause 4 in the Defamation Act, 1952. The object of the subsection is that where a person brings a defamation action based on a limited number of charges in a publication the other party should be able, in mitigation of damages, to prove that other charges in the same publication were true. Subsection (2) deals with the procedure for bringing such further charges in mitigation and provides that evidence of these charges shall not be led unless notice is given to the other party of the relevant words within such time as may be required by the Rules of Court, and unless the person proposing to prove these charges has given to the other party such particulars of the matters to which the words relate as the Rules may provide.(cc) in section 12A, subsection (2) shall be omitted;"'.Such a provision regarding due notice and particulars appears to be necessary in England because of the rule of practice that although a plaintiff must specify his alleged damages, a defendant need not give particulars of matters which go to mitigation. But this practice does not apparently apply in Scotland where, in accordance with the strict rules of relevancy and specification in Scottish written pleadings, neither party may prove 1896 any material fact either as regards the merits or as regards damages unless he has given due notice and specification either in his summons or his defence as the case may be.
The Amendment also deletes the present reference in Clause 9(1) to the Act of Sederunt. I am sorry about this having to go, because it seems such an attractive concept, but I am advised that the Act of Sederunt and the reference to it should be deleted. The Act of Sederunt precedure is the Scottish procedure by which Rules of Court are made, and the reference is no longer necessary as subsection (2) of the new Section 12A of the 1952 Act, which refers to Rules of Court, will no longer apply to Scotland.
The other Amendment, No. 18, is consequential on the Amendment omitting the provision in Clause 4 relating to notice and particulars of matters to be proved in mitigation of damages.
The reference to the Lord Chancellor and the Secretary of State in Clause 11(2) was considered necessary if time was to be allowed for Rules of Court to be made in England and a corresponding Act of Sederunt in Scotland. But as the matter will now be governed in Scotland by the normal rules of relevancy and specification, there will be no need to make an Act of Sederunt, and as soon as my noble friend the Lord Chancellor is satisfied that the appropriate English Rules of Court have been made the Act may be allowed to go into operation.
§ Amendment agreed to.
§ Mr. Deputy SpeakerThe next Amendment selected is No. 16, in page 5, line 4, leave out from 'or' to end of line 5 and insert:
'of the Defamation Act 1969',and with that we can take the Amendment No. 17, in Clause 11, page 5, line 12, leave out 'Freedom of Publication (Protection) Act 1969' and insert:'Defamation Act 1969; and the Defamation Act 1952 and this Act may be cited together as the Defamation Acts 1952 and 1969'.
§ The Attorney-GeneralI do not move the Amendment in view of the fact that at this stage Clauses 1 and 2 remain in the Bill. They refer to matters over and above the matters confined in the defamation Clauses at—
§ Mr. Deputy SpeakerOrder. The right hon. and learned Member must decide, either not to move the Amendment and make that submission on its own, or to proceed to move the Amendment.
§ The Attorney-GeneralI do not move it.