Clegg impresses on libel reform

Deputy PM announces a series of measures to curb Britain’s “chilling” libel laws.

It's not the vote-winner the Lib Dems badly need but Nick Clegg's comments on libel reform today are some of the most impressive we've heard from a British politician. In his speech on civil liberties (a full transcript of which can be found here), the Deputy PM promised to provide publishers with a new statutory public-interest defence, clamp down on libel tourism and reform the system of "no win, no fee" litigation, which can make it prohibitively expensive for publications to defend themselves.

Clegg said: "The test of a free press is its capacity to unearth the truth, exposing charlatans and vested interests along the way. It is simply not right when academics and journalists are effectively bullied into silence by the prospect of costly legal battles with wealthy individuals and big businesses."

Britain's libel laws, as the NS has noted before, have become a international embarrassment. So feared are this country's laws that the US Congress last year passed new legislation to counter the threat posed by libel tourists in the UK.

American newspapers including the New York Times, the Boston Globe and the Los Angeles Times had threatened to abandon supplying the 200-odd copies they make available for sale in London because they could no longer risk losing millions of dollars in a libel action that they would never face under US law.

The "no win, no fee" system was created with the honourable aim of providing the poorest with access to justice, yet it has left small publishers unable to defend themselves. Research by Oxford University shows that the cost of fighting a libel action in England is 140 times greater than the European average. Jack Straw's libel reform plan, which would have capped lawyers' success fees at 10 per cent, fell victim to the parliamentary "wash-up".

But Clegg's reforms, which will be included in a draft defamation bill in the spring, are not sufficient. London has become the libel capital of the world, not just because of the sums claimants can win but because it is easier to win a case here than in any comparable democracy. Only English libel law places the burden of proof on the defendant, meaning the odds are stacked against authors and publishers from the start.

The government should shift this burden from the defendant to the plaintiff as a matter of priority. But if Clegg can deliver on his aspiration to turn English libel laws from an "international laughing stock to an international blueprint", we'll have at least one thing to thank the Lib Dems for.

George Eaton is political editor of the New Statesman.

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The big problem for the NHS? Local government cuts

Even a U-Turn on planned cuts to the service itself will still leave the NHS under heavy pressure. 

38Degrees has uncovered a series of grisly plans for the NHS over the coming years. Among the highlights: severe cuts to frontline services at the Midland Metropolitan Hospital, including but limited to the closure of its Accident and Emergency department. Elsewhere, one of three hospitals in Leicester, Leicestershire and Rutland are to be shuttered, while there will be cuts to acute services in Suffolk and North East Essex.

These cuts come despite an additional £8bn annual cash injection into the NHS, characterised as the bare minimum needed by Simon Stevens, the head of NHS England.

The cuts are outlined in draft sustainability and transformation plans (STP) that will be approved in October before kicking off a period of wider consultation.

The problem for the NHS is twofold: although its funding remains ringfenced, healthcare inflation means that in reality, the health service requires above-inflation increases to stand still. But the second, bigger problem aren’t cuts to the NHS but to the rest of government spending, particularly local government cuts.

That has seen more pressure on hospital beds as outpatients who require further non-emergency care have nowhere to go, increasing lifestyle problems as cash-strapped councils either close or increase prices at subsidised local authority gyms, build on green space to make the best out of Britain’s booming property market, and cut other corners to manage the growing backlog of devolved cuts.

All of which means even a bigger supply of cash for the NHS than the £8bn promised at the last election – even the bonanza pledged by Vote Leave in the referendum, in fact – will still find itself disappearing down the cracks left by cuts elsewhere. 

Stephen Bush is special correspondent at the New Statesman. He usually writes about politics.