Strategic Lawsuits Against Public Participation

Lord Keen of Elie Excerpts

Thursday 6th March 2025 Lords Chamber

[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.

[Lord Keen of Elie (Con)]

My Lords, does the Minister agree that we should not confuse the issues surrounding non-disclosure agreements, which can be pernicious in themselves, with the issue of strategic lawsuits against public participation? Does he also agree that because the public profile of SLAPPs has so increased recently, regulators have taken a far more positive approach to dealing with the matter, as recent evidence from the Solicitors Regulation Authority and the Bar Standards Board illustrates? It might be better to see how the civil rules implement the perception against SLAPPs and allow those regulators to discharge their functions with regard to the legal profession.

[Lord Ponsonby of Shulbrede (Lab)]

I thank the noble and learned Lord for that question, and I agree with the points he made. It is indeed true that non-disclosure agreements can be pernicious in themselves, and they are not to be confused with SLAPPs. The new regulations will come into place imminently, and we should see how they go before considering future legislation.