HC Deb 15 December 1977 vol 941 cc350-1W
53. Mr. Abse

asked the Secretary of State for the Home Department whether he will seek to amend the Rehabilitation of Offenders Act to enable the publication by Press or broadcasting services of any criminal convictions of any person holding office in a political party or presenting himself for elective public office to be no longer in any circumstances deemed to be defamatory.

Mr. John

No. The publisher of material referring to convictions which are spent under the terms of the Rehabilitation of Offenders Act 1974 can rely on the defence of justification if a published statement is true, unless it is proved to have been made with malice. This was established by Parliament as recently as 1974, and we have no reason to think that it provides inadequate protection for the Press, broadcasting services and individuals who decide to publish, in the public interest, details of spent convictions.

Mr. Frank Allaun

asked the Secretary of State for the Home Department if he will consider seeking to amend the Rehabilitation of Offenders Act 1974, to broaden the grounds of defence available, so as to enable the Press, television, radio or individuals lawfully to publish the criminal conviction of a prospective candidate for Parliament or local government.

Mr. Merlyn Rees

I refer my hon. Friend to the answer which my hon. Friend the Minister of State gave earlier today to a Question by my hon. Friend the Member for Pontypool (Mr. Abse).