Strategic Lawsuits Against Public Participation

Baroness Kennedy of Shaws Excerpts

Thursday 6th March 2025 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

I remember the interventions from the noble Lord, Lord Cromwell, in the debates on that Act, in which I took part as well. I am going to give the noble Lord the same answer as I have just given. We want to see how the changes to the rules will change the actions of the courts. SLAPPs are covert and they need to be identified. We want to enable the judges to identify them appropriately.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I too am concerned that this is slipping down the legislative agenda, because this issue is serious. Whistleblowers in the Post Office scandal, for example, were silenced early on when they wanted to go public and received letters telling them that they would be sued for defamation if they pursued their claims. We have seen many journalists being silenced and intimidated with expensive lawsuits by the rich and the powerful. It is identifying those cases and having specific legislation that is effective.

I remind the Minister that a lot of these cases are directed against women, often exposing things to do with powerful men misbehaving and their conduct towards women being highly concerning. Those women are silenced. Given that the Government have committed to protecting women and girls, are they going to do something to protect those who are most vulnerable in this area?

[Lord Ponsonby of Shulbrede (Lab)]

I absolutely recognise all the points my noble friend made in her question. We do not believe that this issue is slipping down the legislative agenda. We want to see how the 2023 Act will work in practice. That will be happening imminently. The new rules will become active later this spring. The point my noble friend makes about intimidation through this procedure is absolutely right. Women, journalists and women journalists are all victims of this, and it is something we will certainly keep an eagle eye on.

Data (Use and Access) Bill [HL]

Baroness Kennedy of Shaws Excerpts

3rd reading
Wednesday 5th February 2025 Lords Chamber

If the Minister will not think again and will not accept the amendments tabled by the noble Baroness, Lady Owen, on these three important issues, I hope that the noble Baroness will divide the House. If she does, she will certainly have my support.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I support everything that the noble Lord, Lord Pannick, has just said. Any of us who have ever acted as lawyers for women who have been exposed to this kind of conduct will know the suffering that ensues from it. The arguments placed before the House by the noble Baroness, Lady Owen, are absolutely right. The court has to have wider discretion on sentencing, because sometimes it will be, as the noble Lord, Lord Pannick, has said, that multiples of this will have been done and to many different women. It will be there on the internet for all to see, causing incredible mental anguish and pain.

I have just come from a Select Committee where we have been hearing evidence about transnational repression. We have just heard from a woman working for BBC Persian, who had the experience of photographs being turned into deepfake pornography and sent to her daughter’s school. I ask you to imagine the implications of that being circulated, to your own child’s detriment. That is the way in which these things work. I emphasise that there is no example of reasonable cause that could be imagined that could justify it—there really is not. It is very important that we all recognise that.

There will be people—let us imagine Mr Andrew Tate appearing in court for an offence of this kind, were he to do it—who will say that the world should see the beauty of women’s genitalia and admire the great beauty of women as they submit themselves to men. Do we really want the time of the courts to be taken up with that kind of nonsense—because it will be? It will be said to be about trying to inform and educate people about sexual intimacy and sexual matters. All manner of nonsense, presented as reasonable excuse, will be put before the courts—that is what will happen. I urge the court—sorry, I am going into lawyer mode. I urge the House, rather, to see the seriousness of this and that this is a moment where we should be taking a stand and saying no.

The noble Lord, Lord Pannick, raised three issues: sentencing and the options available to judges; the issue of reasonable excuse; and recognising that the prosecution authorities will not pursue a case against a child who has somehow stumbled upon a way of doing this. Very careful decisions will be made about people who have not got mental capacity. If we do not take a firm stance on this now, it will be used and abused in terrible ways, to the detriment particularly of women.

[Lord Phillips of Worth Matravers (CB)]

I simply want to endorse, but not repeat, the propositions of law advanced by the noble Lord, Lord Pannick.