Strategic Lawsuits against Public Participation

Baroness Falkner of Margravine Excerpts

Thursday 1st December 2022 Lords Chamber

Asked by

[Baroness Falkner of Margravine]

To ask His Majesty’s Government what assessment they have made of the use of Strategic Lawsuits against Public Participation (SLAPPs) and their impact on public scrutiny.

[The Advocate-General for Scotland (Lord Stewart of Dirleton) (Con)]

My Lords, strategic lawsuits against public participation, or SLAPPs, are an abuse of the legal process designed to close down inquiries and prevent the publication of information in the public interest. It is the Government’s intention to pursue primary legislation for targeted anti-SLAPP reform as soon as parliamentary time allows. We remain committed to upholding our fundamental democratic values of free speech and a free press, ending abuse of the legal systems of the United Kingdom and defending investigations in the public interest.

[Baroness Falkner of Margravine (CB)]

I thank the Minister for his reply, but I detect a lack of urgency. There is a good reason why these cases are known as intimidation cases. As he said, they are used to stifle public interest investigations by journalists, exposing those involved in corruption, illicit finance and political wrongdoing, aided and abetted by London law firms through forum shopping. This has a clear chilling effect on press freedoms, as Catherine Belton, Tom Burgis or even those working abroad, such as Paul Radu, can testify. Will the Minister take forward with a level of urgency proposals put forward by the anti-SLAPP coalition to allow for claims to be filtered out at an early stage by courts, to put in penalties to deter meritless claims and to provide compensation for those targeted?

[Lord Stewart of Dirleton (Con)]

In relation to the first two of the ameliorative matters which the noble Baroness identified, I can assure the House that those are within consideration and will be enacted in the forthcoming measure. As to the third matter, although the noble Baroness chides me, I can assure the House that what she styles as a delay is not in fact procrastination but a matter of identifying a suitable legislative vehicle to put these very important matters on to the statute book.