Government says Rutland County Council cannot sue for defamation

Government says Rutland County Council cannot sue for defamation

The Minister for Justice has said Rutland County Council would not be able to sue three of its members for defamation.

The council had been considering the action against Councillor Dave Richardson, Councillor Richard Gale and Councillor Nick Wainwright of Rutland Anti-Corruption Group but voted to pursue other action.

Which included an injunction and a blank cheque for the Chief executive to sue personally.

Bevan Brittan solicitors had advised that the powers given to local authorities in the Localism Act 2011 had overturned a previous ruling on them suing for defamation, made by the House of Lords in a case involving Derbyshire County Council and Times Newspapers.

Speaking to the House of Lords’ Grand Committee on Thursday last week, Lord McNally said: “My officials have explored the issue with officials at the Department for Communities and Local Government, which is responsible for the 2011 Act. The Government are in no doubt that if a case were brought, the courts would still find that local authorities cannot bring action in defamation.

“The decision in Derbyshire was reached on public policy grounds, which we considered remain compelling. The House of Lords found that it would be contrary to the public interest for organs of government to be able to sue in defamation, and that it would be an undesirable fetter on freedom of speech.”

He went on to say the Secretary of State could intervene. He said: “An order could be made preventing any action being brought in defamation.”

The council voted to authorise legal action to seek an injunction to prevent harassment of the chief executive and other officers by the group, to support staff wishing to take legal action in their own name for harassment by the group, to introduce a single point of contact through the council’s internal e-mail and to authorise sufficient funds to support these actions.

Councillors agreed to defer a decision on taking other action including suing for defamation.

The Rutland Times reports, Legal experts are currently preparing the council’s case for an injunction.

Legal experts one could say that is a typing error by the Rutland Times.

It is a great pity the government does not rule the approved expenditure of public money illegal.