Strategic Lawsuits against Public Participation

Debate between Lord Stewart of Dirleton and Lord Shipley

Thursday 1st December 2022 Lords Chamber

[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.

[Lord Shipley (LD)]

My Lords, the Government claim to prize and to defend free speech, and the Minister has said that the Government’s intention is to introduce primary legislation as soon as parliamentary time allows. The problem is that fear of a costs order does not deter rich organisations and individuals from abusing the court process, with unmeritorious cases brought only to stifle journalists’ criticism of their activities. So what has been holding the Government back from legislating to enable such cases to be stopped in their tracks, and how long will it be before the primary legislation will be introduced?

[Lord Stewart of Dirleton (Con)]

My Lords, as I said, the delay in this matter, if I may style it in those terms, is not a case of the Government attempting to procrastinate and to kick the matter into the long grass. Rather, it is, as I said in my Answer to the noble Baroness’s Question, a matter of identifying the suitable legislative vehicle into which these measures can be inserted. Were we to proceed to insert this into, for example, the economic crime Bill, which was considered and dismissed, the risk would have been that we would have framed this very serious abuse of process too narrowly. That is why it is important that we legislate appropriately as well as quickly.