How to libel a mole
I'm back in the office and I promise not to disappear for the foreseeable future. The obvious topic to discuss would be those press reports alleging a senior republican helped set up a police officer, Eric Lutton, for murder by the IRA in 1979, but escaped prosecution after being recruited by the security forces as an agent.
Maybe because I am still in cautious holiday mode, but more importantly because I don't have any independent evidence, I don't intend to follow the example of other blogs which have identified the alleged agent as a current Sinn Fein politician. Instead I shall hold off until the Upper Bann MP David Simpson does or does not use parliamentary privilege to name someone. The son of Mr Lutton has referred the matter to the Police Ombudsman. Sinn Fein say the story is a "DUP stunt". And I thought the two parties were best buddies.
If parliamentary privilege is invoked broadcasters and newspapers will be free to run with the name without fear of a libel action. But if you took parliamentary privilege out of the equation it's interesting to ponder where the libel risk would lie. According to McNae's "Essential Law for Journalists" (the standard textbook) you can libel someone if you lower them in "the estimation of right thinking members of society generally; or disparage them in their business, trade, office or profession"
If someone is a republican and you say they helped the IRA that presumably wouldn't lower them in the estimation of fellow republicans. But if you say they secretly worked for the state would that damage or enhance their standing amongst those a judge might regard as "right thinking members of society generally"?
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Mark
(AB)USE OF PARLIAMENTARY PRIVILEGE
There are some occasions when the use of Parliamentary privilege is appropriate.
However, in most instances, we should be wary when Politicians make accusations under the cloak of Parliamentary privilege. In this case, David Simpson’s intention to use the device is simply plain wrong. If he holds information about murder, his duty is to pass it on to the Police; that is a civic responsibility that overrides his responsibilities as an MP/MLA and applies across the board.
History has recorded the savagery with which Republicans deal with informers and, for that reason alone, David Simpson’s threat to name a senior Republican as a police informer is disgraceful. Unfortunately, nay tragically, Simpson has let the genie out of the box. His action has opened up the distinct possibility that an innocent person could face lethal summary justice from Republican Neanderthals. Simpson should ask himself, and he should be pinned down on this point by the media, what will be his culpability in the event that something unspeakable is visited on the particular individual. Since the Rule of Law is a basic tenet of a democratic society what does this whole episode say about Simpson’s commitment to democracy?
Shame on David Simpson; from being a Hard Man who seemingly held firm in opposition to Republican criminality he deserves to be treated as a Pariah for his part in this contemptible affair.
Susie
Carryduff
Has nobody said anything publishable on this one yet?