moved Amendment No. 103:"After Clause 14, insert the following new clause—"
““PROTECTION AGAINST DEFAMATION
(1) For the purposes of the law of defamation, the following are absolutely privileged—
(a) the publication of a matter by the Commissioner in a report made under regulations made under section 14 or paragraph 8 of Schedule 1;
(b) the publication in communications between the Commissioner and the Public Services Ombudsman for Wales or another ombudsman of a matter which the Commissioner is permitted to disclose to that ombudsman by virtue of subsection (3)(a) of section (Power to disclose information);
(c) the publication in communications from the Commissioner to a person mentioned in subsection (3) of a matter in connection with an examination by the Commissioner into a case under regulations made under section 9.
(2) For the purposes of the law of defamation, the publication in communications from a person mentioned in subsection (3) to the Commissioner of a matter in connection with an examination by the Commissioner into a case under regulations made under section 9 has qualified privilege.
(3) The persons referred to in subsections (1)(c) and (2) are—
(a) the person whose case is being examined;
(b) a person whose conduct is the subject of the examination;
(c) a person with whom the Commissioner is communicating for the purpose of obtaining information about the case; and
(d) a person acting on behalf of a person falling within paragraphs (a) to (c).
(4) In this section, ““other ombudsman”” has the same meaning as in section (Working collaboratively with other ombudsmen).””
On Question, amendment agreed to.
Commissioner for Older People (Wales) Bill [HL]
Proceeding contribution from
Lord Evans of Temple Guiting
(Labour)
in the House of Lords on Wednesday, 26 October 2005.
It occurred during Debate on bills
and
Committee proceeding on Commissioner for Older People (Wales) Bill [HL].
About this proceeding contribution
Reference
674 c368-9GC Session
2005-06Chamber / Committee
House of Lords Grand CommitteeSubjects
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