Lawfare and UK Court System

Debate between Aaron Bell and Apsana Begum

Thursday 20th January 2022 Commons Chamber

[Apsana Begum (Poplar and Limehouse) (Lab)]

I thank the right hon. Member for Haltemprice and Howden (Mr Davis) and my right hon. Friend the Member for Birmingham, Hodge Hill (Liam Byrne) for securing this important debate.

Litigations against public participation are abusive lawsuits that are pursued with the purpose of shutting down acts of public participation and, as the right hon. Gentleman mentioned, they can come in many guises, covering many different areas of the law.

The House will be aware that I was completely cleared and vindicated in Snaresbrook Crown Court last year after what I and many in my constituency and around the UK viewed to have been vexatious litigation pursued with the purpose of shutting down my public participation as a democratically elected socialist Member of Parliament and as a survivor of domestic abuse. To put it very simply, I do not believe that I would have had to endure such an ordeal if I had not stood up against domestic abuse, harassment and intimidation and if I had not had the audacity to put myself forward as a socialist to represent the area in which I have lived all my life.

The use of courts to try to pull down political opponents is fundamentally undemocratic and against the public good. First, my case raised questions about the independence of local bureaucrats and whether they can be trusted to deal with imprisonable offences, because, of course, the legal action pursued against me was not taken by the Crown Prosecution Service, but brought by my local council, spending more than £90,000 of public taxpayers’ money. Nobody, absolutely nobody, involved in pursuing this trial seems to have found it remotely odd that the complaint was made by my ex-husband’s brother-in-law, submitted after I was selected to be Labour’s parliamentary candidate and coincided with the day when the nomination papers had to be formally submitted; or that the people who were opposed to me being selected as the candidate, including my ex-husband, were in positions of political oversight. Surely, given such conflicts of interest, at the very least the case should have been referred to the CPS.

Secondly, my case demonstrated problems with the way the legal system deals with domestic abuse and, indeed, the increasing prevalence of cases such as mine where the legal action taken against me was an extension of this abuse and the ongoing intimidation and harassment subsequent to my escaping a very bad situation, which continues.

I found it bizarre that such a spurious case could be pursued against me when I had been told that too much time had passed regarding the abuse that I had suffered, despite the period in question being the same. Indeed, the local authority was made aware of the abuse from day one and that was never challenged by the prosecution during the trial. A list of agreed facts was read out at the trial, including medical records and police records. Perversely, the domestic abuse was so accepted that, in cross-examination, it was used against me in order to suggest a motive for the alleged crimes. My ex-husband, also a sitting councillor, was tellingly not called to give evidence by the prosecution. Throughout, the message that came across again and again was that my being a survivor of domestic abuse had no bearing on how this investigation was being conducted. But how can that be? How many other women is this happening to?

I had to be aggressively cross-examined and humiliated in front of the world, with political opponents and my ex-husband’s brother-in-law sitting in the public gallery, about issues of such personal pain and trauma. The case felt as though it was about destroying me, and at times it very nearly did. The complaint was leaked to the media even before I was made aware of it, and there appeared to be a regular source of information flowing to keep the media updated. To be clear, when I won my selection, I was a divorced 29-year-old of modest means. I did not own anything, not even a car, and had been struggling for years to rebuild my life. Suddenly, I had a target on my back for the far right to throw all their bile and hatred at. However, the media did not let truth and decency get in the way of a good story and the opportunity to bring down a socialist feminist Muslim woman who would go on to become the first hijab-wearing MP in this House. Why is it the case that almost anything is allowed to be written and said about me, fuelling Islamophobic abuse and death threats over social media and leading to the judge in my case to issue warnings for my protection?

I want to make an important point about the legal system and access to it. I grew up in the reality of the world out there. I did not know how, and did not have the means or connections, to pursue cases against various outlets. Defamation is an area of law that is rarely accessible to working-class people. It is important for the purposes of this debate for us to have that in mind. Equally, while I agree that media freedom is paramount, media accountability still needs to be addressed more fundamentally. I am not interested in defending elites from justified criticism or in preventing the public from scrutinising those who represent them, including myself. However, I am interested in defending the fundamental structures of political freedom and democracy. In that sense, the media are also in positions of power and leadership in public life, and as such should have regard to how their tone is likely to shape public debate.

However, in my case, so-called scrutiny was not even well researched, well written or accurate. It was derogatory and dehumanising. I always wonder whether the outlets publishing that stuff ever thought about what they were doing to my life, the risk that their actions were placing me under or what my case meant for survivors of domestic abuse and Muslims across the country. Do they ever consider what their intimidation—based on prejudice or hate, which disproportionately negatively impacts women, ethnic minorities, the lesbian, gay, bisexual and transgender community and other candidates from minority groups—does to people’s mental health and wellbeing? Clearly, my ex-husband and my political opponents thought I would just submit and be intimidated into going away and hiding, but via the solidarity of local people and Labour party members, including my hon. Friend the Member for Streatham (Bell Ribeiro-Addy) in particular, I knew that I could not let that happen to me. I found the strength to survive, not least because I felt a duty to socialists and women everywhere to defend myself and pursue justice.

People might think that being vindicated is the end of it, but the smears continue and my reputation has been damaged. More importantly, claims of defamation and libel were being fired at me and people supporting me. I could not believe it at first—it seemed so ludicrous. I remember how heartbroken I was, when I was finally able to tell my story after the trial, that the media felt it necessary to uncritically print a disclaimer from my ex-husband. I felt that they were highlighting it as his warning to me.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

The hon. Lady is making a powerful speech. I was not aware of all the details of what she has been through. Obviously, I do not share her politics, but I commend her for speaking about domestic abuse in the House, as my hon. Friend the Member for Burton (Kate Griffiths), my personal friend, did recently. The more women who do that and share their stories in this place, the better it is for women across the country.

[Apsana Begum]

I thank the hon. Member for his strong point. I followed very closely the case he mentions of his colleague, the hon. Member for Burton (Kate Griffiths). She is incredibly brave to come forward.

This experience is not unique to me. We know that powerful men use their power and the law to silence women. Southall Black Sisters says it almost had to withdraw from a 2017 documentary on domestic violence because of the insistence that the husbands of the unnamed women alleging abuse and abandonment be given the right to reply in ways that negated the women’s accounts of abuse and exposed them to risk of reprisals, and we know of a series of libel cases where wealthy men have sought to protect their reputations from women who accused them of abuse. Under the Defamation Act 2013 the defendant in libel cases can argue a public interest defence, but this is not available to survivors. I never wanted any of this; I was forced into a situation where I had to speak out and now I feel an obligation to continue to do so because this must never happen again. What does what happened to me say to survivors of domestic abuse when we know how difficult it is to come forward?

I believe in democracy, which means that people from all walks of life and backgrounds can put themselves forward to be considered in democratic processes. This is a question of public good. The increasing prevalence of intimidation of parliamentary candidates and others in public life should concern everyone who cares about our democracy. This is a question of public good. It is important to be clear: lobbying, campaigning, disagreeing and opposing representatives is not what I am talking about. Actually, I am talking about the opposite: intimidation is about seeking to use undemocratic and underhand means, often deploying establishment power, to destroy someone’s life. Finally, I believe no one should suffer domestic abuse and anyone in such a situation should be supported in speaking out. This is a question of public good.