Economic Crime and Corporate Transparency Bill

Baroness Wheatcroft Excerpts

Committee stage
Tuesday 25th April 2023 Grand Committee

[Lord Garnier (Con)]

My Lords, I begin by confessing to having been at the media law Bar for the past 45 years or so, so I know a little bit, but not a huge amount, about the subject we have been discussing. I want to salute the enthusiasm of the noble Lords, Lord Thomas of Gresford and Lord Cromwell, and my noble friend Lady Stowell of Beeston. As I said at Second Reading, this is a subject that needs to be discussed. It needs a through and very comprehensive debate.

The Long Title of the Bill is:

“A Bill to make provision about economic crime and corporate transparency; to make further provision about companies, limited partnerships and other kinds of corporate entity; and to make provision about the registration of overseas entities”.


Having read that, I go on to admire the ingenuity of the drafter of these amendments to fit them into the Long Title because, whereas there is a debate to be had, and it must be had, about SLAPPs, I question whether this Bill is the appropriate vehicle for that debate. That is a procedural issue.

My second point is that when I began at the defamation Bar in the mid-1970s, the economics of the media world were entirely different. Print media were riding high. They were selling millions of copies. The Sun was selling nearly 10 million copies a day. The Daily Mail, owned by Associated Newspapers, was selling a huge number of copies a day. Social media and online media had not been invented.

I used to be instructed by newspaper groups to go to the Queen’s Bench Masters’ corridor, acting for defendant newspapers, to run up legitimate legal arguments—they were not made up—which were there to starve the claimant, in those days called the plaintiff, out of the claim. The newspapers knew very well that they had a case to answer, but they had more money, so the police officer, schoolteacher or nurse who had allegedly been defamed in the local or national newspaper, unless they had an immensely rich backer, was never going to be able to withstand the onslaught of daily interlocutory applications made against them. Sometimes the master would accede to some of the applications that we made, and sometimes they did not, but the newspaper did not care because it had the cash. The individual—the claimant or plaintiff—did care, and sometimes was frightened off by the prospect of having to spend vast sums of money to recover his or her reputation in court.

The boot is now on the other foot. The print media is impoverished and no longer as rich as it used to be; the regional press is decimated, the local press more or less non-existent, and the national press is under some considerable strain. If you want to make money in the media world, you do not do it by publishing printed newspapers—you do it through the broadcast or online media. What we are now seeing is that those who are in the legitimate, perfectly lawful and praiseworthy business of writing as journalists, and those who publish written journalism in hard copy as publishing companies, are finding it increasingly difficult to withstand the economic might of those who disagree with what they have to say in their newspapers. Do not get me wrong: I entirely sympathise with people such as Catherine Belton, who was sued by various Russians—a range of very rich people. But one would get the impression from listening to the noble Lords who have spoken so far that the courts are weak and feeble arbitrators of the disputes that are before them.

For the last 45 years, I have seen cases struck out—I like the American expression, to strike, that the noble Lord, Lord Cromwell, used a moment ago. For the last 45 years, and long before that, before I was out of nappies, Queen’s Bench judges in the High Court in the High Court in London—and I dare say in Edinburgh and Belfast as well—have been striking out cases that were abusive, vexatious or frivolous. What the courts have to deal with is not just the law but the evidence. Just because a worthy defendant complains that they are the victim in a SLAPP case, the court cannot simply take the allegation on the face of it—it has to look at the evidence. By and large, evidence is something that you get to at trial, albeit it that evidence is occasionally tested at the interlocutory stages of an action.

While saluting the enthusiasm of the noble Lords who have spoken in favour of these amendments and who have ingeniously used this Bill to run the argument, I urge the Committee to be cautious, because the number of SLAPP cases is remarkably small compared to the number of writs issued each year. It is important that this Committee does not mislead the public about the extent of the problem. Legitimate claims have repeatedly been incorrectly described as SLAPPs by the media—but of course the media has an interest in calling them SLAPPs, for the economic reason that I have described.

In the recent case of Banks v Cadwalladr, decided by Mrs Justice Steyn only last year, she said:

“Ms Cadwalladr has repeatedly labelled this claim a SLAPP suit, that is a strategic lawsuit against public participation, designed to silence and intimidate her. I have set out a summary of my conclusions in paragraph 416 below. Although, for the reasons I have given, Mr Banks’s claim has failed, his attempt to seek vindication through these proceedings was, in my judgment, legitimate. In circumstances where Ms Cadwalladr has no defence of truth, and her defence of public interest has succeeded only in part, it is neither fair nor apt to describe this as a SLAPP suit”.


Despite this, Mr Banks’s claim continues to be referred to as a SLAPP by large sections of the media. Of even greater concern is the reference by some journalists to individuals taking out what they call SLAPP orders—whatever they might be—echoing the media’s disingenuous campaign against privacy rights, including by pejoratively referring to privacy injunctions or agreed confidentiality clauses as gagging orders.

I do not want to be misunderstood. SLAPPs are a problem, but their prevalence is wildly overstated, and it seems to me—after 45 years of jogging around this racecourse—that solicitors are unlikely to be complicit in many of them. I rather suspect that more solicitors are dealt with by the Law Society, the SRA or the police for stealing client money than for running SLAPP cases.

Let us please just settle down a bit and not get overexcited by the one, two or three Russian oligarchs who have made an allegation that they have been defamed and who, on the evidence, have sometimes been proven right and sometimes wrong. The essential point is that a dispassionate judge, dispassionately looking at the evidence, will make a dispassionate ruling on what he or she has found, as Mrs Justice Steyn did in the Banks case, and the world goes on.

Being sued is indeed expensive and annoying, and it enables lawyers to be instructed and charge fees—I am afraid that is part of the way we do things in this country—but to suggest that SLAPPs are a plague and a menace just on the say-so of one, two or three cases, of which a number of us may or may not disapprove, does not prove the case. There is much work to be done to look into the question of SLAPPs and much debate to be had, but this Bill is not the place to have that debate. I applaud the noble Lord, Lord Thomas, and other noble Lords who have brought forward these amendments because the matter needs to be discussed, but it is not properly discussed within the confines of this Bill.

[Baroness Wheatcroft (CB)]

My Lords, the noble and learned Lord, Lord Garnier, speaks as a lawyer. I speak as a journalist, with a long career in newspapers. I declare my interest as chair of the oversight committee at the Financial Times. I assure the noble and learned Lord that the very presence of the possibility of SLAPPs weighs very much on the minds of journalists. As he explained, newspapers no longer have the sort of money that might have funded the types of cases that he described and indeed worked on, but now there are some very important cases that they do need to pursue, and for that reason I very much support all the amendments in this group.

I will give just one example: the case of Wirecard, which was company fraud on a massive scale that cost a lot of people a lot of money. One brave journalist on the Financial Times had pursued the case for a long time, against huge opposition from the company and those around it who were making money from it. His editor was prepared to allow him to continue to pursue the case, at which point the German company hired a well-known London law firm which threatened all sorts of litigation and also criminal proceedings. It accused him, without any base, of having been interested in manipulating the share price of Wirecard in order to make a great deal of money. At that point, the Financial Times was risking a great deal of money and a huge hit to its reputation. The law firm bombarded the company and the journalist with letters threatening all sorts of things, but the Financial Times decided to stick with it. In the end, as we all know, that was the right decision and some people were able to salvage some honest money that would otherwise have been lost to an almighty fraud.

Prison Capacity

Baroness Wheatcroft Excerpts

Tuesday 6th December 2022 Lords Chamber

[Baroness Wheatcroft (CB)]

My Lords, many prisoners arrive illiterate or barely literate, yet earlier this year His Majesty’s Chief Inspector of Prisons said that

“it is astonishing that prisoners can serve their sentence without being taught to read or to improve their reading skills”.

So they leave prison illiterate, cannot find work and reoffend. Will the Minister undertake the cost-saving measure of ensuring that every prisoner is taught to read?

[Lord Bellamy (Con)]

My Lords, in relation to specific costs, no, but in relation to the general question of whether we should improve and develop educational facilities in prison, particularly so that prisoners can read, yes, the Government entirely agree with that aspiration.

European Convention on Human Rights

Baroness Wheatcroft Excerpts

Monday 18th July 2022 Lords Chamber

[Lord Bellamy (Con)]

I will happily give the noble Baroness that assurance, and I assure your Lordships that I will work with any or all of you to ensure that this Bill meets such concerns as you may have, in so far as it is within my power to do so.

[Baroness Wheatcroft (CB)]

My Lords, the Minister is reassuringly adamant in his commitment to the convention. Can he assure the House about how he defends the export of asylum seekers to Rwanda in the face of the convention?

[Lord Bellamy (Con)]

We are entirely satisfied that the Government’s policy on asylum seekers is in compliance with the convention. In this context, I do not think that I can add to that answer.

Assisted Dying Bill [HL]

Baroness Wheatcroft Excerpts

2nd reading
Friday 22nd October 2021 Lords Chamber

[Baroness Wheatcroft (CB)]

My Lords, we have already heard many eloquent speeches from both sides of the debate. Before the end of the day, we will have heard many more, but I doubt that any will excel the brilliant maiden speech of the noble Baroness, Lady Davidson of Lundin Links. Her humanity shone through—and humanity needs to characterise this debate.

I do not doubt the sincerity of those noble Lords who oppose this Bill, although I believe that they are wrong; I had hoped that the noble and learned Lord, Lord Etherton, would deal with some of their qualms over legality. However, nor could anybody doubt the sincerity of those who want this Bill to pass. I was particularly struck by the speeches of the noble Lord, Lord Dobbs, and the noble Baroness, Lady Jay of Paddington. The noble Lord spoke about choice—not just the “me, me, me” that the noble Lord, Lord Mawson, characterised as coming from that side of the debate, but choice for everybody. The noble Baroness spoke about the exercise of choice by an elderly friend of hers who chose to end her days in a peaceful way, surrounded by her family. It was what she wanted rather than the agony of dying that she believed awaited her. Although we have heard much about palliative care, we know that it does not work for everybody in every circumstance.

I confess to having difficulty with the concept of abortion. It has always troubled me; I could never have had an abortion myself. I believe that people who are expecting children come under huge pressures from society but that has not stopped society reaching the conclusion that it is a woman’s right to choose what happens with her body at that stage in her life—despite the fact that some would argue that many other lives are involved in that choice. Society has come to a view on a woman’s right to choose. I believe that, when it comes to the end of life, it is not just a woman’s but a man’s right to choose. It is everyone’s right to choose the death we want—ideally, a painless and dignified exit.

For many reasons, including religious faith, some people may oppose that. I do not believe that it is their right any longer to deprive those of us who want the right to choose that right. I therefore fully support the Bill in the name of the noble Baroness, Lady Meacher.

Child Trust Funds: Children with Learning Disabilities

Baroness Wheatcroft Excerpts

Thursday 25th March 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, I am looking to arrange meetings with it, but have been working on the issues that it has raised in any event. In particular, I have looked at whether there is a trust law solution to the problem, but I am afraid that there is not. The route is to make sure that people can get applications through the Court of Protection as quickly and cheaply as possible. That involves the judiciary, which rightly controls the Court of Protection, and I am getting good engagement from the judiciary.

[Baroness Wheatcroft (CB) [V]]

My Lords, some providers of child trust funds are allowing parents access to them with other proof, without going through the procedures of the Mental Capacity Act. Can the Minister assure me and the House that those who offer such expedited help to parents or carers will not be subject to any sanctions?

[Lord Wolfson of Tredegar (Con)]

My Lords, I cannot give that assurance because sanctions are not a matter for the Government; independent bodies are in place. Whether these industry providers are complying with the protections under the Mental Capacity Act is not something on which I can give an opinion. I am sure that they have looked at that issue. Ultimately, the Mental Capacity Act is there to protect vulnerable people.

Learning Disabilities: Child Trust Funds

Baroness Wheatcroft Excerpts

Thursday 11th February 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, at the moment I do not see any conceptual distinction between child trust funds and junior ISAs. What we put in place to solve this problem ought, in principle, to be applicable to junior ISAs as well.

[Baroness Wheatcroft (CB) [V]]

My Lords, those who look after children with learning disabilities deserve our help and admiration. They do not need unnecessary obstacles being put in their way. Is there any evidence that those trying to access the funds being discussed have anything but the best of motives?

[Lord Wolfson of Tredegar (Con)]

The noble Baroness is certainly right. Virtually everybody does have the best of motives, but there have been cases where the protections afforded by the Mental Capacity Act 2005 have, unfortunately, been needed. One has to remember that, ultimately, one is dealing with the funds of somebody who lacks the capacity to deal with them themselves. That is why the Mental Capacity Act puts in protections which may well be needed.

Assisted Dying Bill [HL]

Baroness Wheatcroft Excerpts

Friday 18th July 2014 Lords Chamber

[Baroness Wheatcroft (Con)]

My Lords, we have heard that hard cases make bad law, but we have also heard that there are so many hard cases that, as my noble friend Lord Baker said, it may be incumbent on us as legislators to try to find a way in which to alleviate this situation.

My belief in the need for change stems from personal experience. Many noble Lords have spoken about their own experiences, and I am sure that we are all delighted to have heard the happy ending to the story told by the noble Baroness, Lady Symons. But my own mother’s experience with leukaemia did not have such a happy ending. She fought it for as long as she could, made the most of her life and adored getting to know her grandchildren—but, in the end, she was in a hospital bed, begging for help. She was in agony. I, too, begged for help; I ran around the hospital trying to find a medic who would do something. But they argued that she was getting as much morphine as they dared to give her, that any more would be illegal and that they could not help.

The noble Baroness, Lady Finlay, referred to this Bill as offering a loaded gun. If my mother could have grasped that loaded gun, she would have fired it—and, if she could not have done, I think that I would have fired it for her. It was a terrible situation, but it was many years ago and we are now assured that palliative care is so much better. Nevertheless, I do not believe that my mother would have wanted to fade away in what the noble Lord, Lord Lester, referred to as dazed oblivion. I think that she would have wanted to say her farewells and choose the time to go with dignity—and I, too, would want that option.

Of course, there need to be very strong protections. I share the horror, itemised by the noble Lord, Lord Tebbit, at the apparent sanctioning of gender-based abortions. I am appalled when I hear that the two doctors who, in theory, are required to sanction abortions in this country, apparently routinely sign the forms without ever seeing the mother in question or even her medical records. So this Bill will need to make the most stringent demands on the doctors who are to be involved in potentially accelerating death. It may be that as the Bill goes through Committee there are further safeguards that can be put in. However, I do not think that we should believe, as the noble Lord, Lord Empey, suggested, that we are risking creating a generation of Dr Deaths, keen to bump us all off as soon as possible. Compassion has always been the route of the best doctors—and this Bill is all about compassion.

I struggle with the concept of a mother’s right to choose to end the life of a healthy baby, but I have absolutely no doubt about the right of an individual to choose when their life is very nearly over that they would like to go with dignity.