Strategic Lawsuits Against Public Participation

Andy Slaughter Excerpts

Thursday 21st November 2024 Commons Chamber

[Andy Slaughter (Hammersmith and Chiswick) (Lab)]

I congratulate my hon. Friend the Member for South Dorset (Lloyd Hatton) on securing this debate. It is good to see some newly elected Members taking up this issue—I include in that my neighbour and hon. Friend, the Member for Kensington and Bayswater (Joe Powell)—as well as some of those who have been around for a while and trying to champion it. I am sure the right hon. Members for Maldon (Sir John Whittingdale) and for New Forest East (Sir Julian Lewis) will not mind my describing them in that way. We are missing the right hon. Member for Goole and Pocklington (David Davis) and my right hon. Friend the Member for Birmingham Hodge Hill and Solihull North (Liam Byrne) today, but I pay tribute to all the work they have done on this issue over many years.

I am not going to speak for very long, because I am not going to say anything that I have not said before. I think I replied for the Opposition in the January 2022 debate that the right hon. Member for New Forest East referred to, and the Justice Select Committee held an evidence session in May of that year under its previous Chair, Sir Bob Neill KC. The transcript of that session is very interesting to read, but what struck me is how little has actually been achieved, even though the issue has been debated many times. It is not true that nothing has been achieved since then, however. As has already been mentioned, the Economic Crime and Corporate Transparency Act 2023 includes some measures to tackle SLAPPs, but relating specifically to economic crime; I think there is general recognition that that does not go further.

We have also heard about the Bill introduced by Sir Wayne David, which sadly did not become law because of the general election. Even that Bill took quite a lot of negotiation in order to get any meaningful provisions into it, against some resistance from the previous Government. That is not a terribly good record over the past few years, given the importance that many Members attach to this issue, so I will be interested to hear what the Minister says about this Government’s future legislative intent when she replies to today’s debate. The Justice Committee may well want to return to this issue at some point, but for today’s purposes, I am speaking on my own behalf and repeating arguments that have been around for some time.

There are many reasons to be concerned about SLAPPs. One of them is highlighted in the long title of today’s debate—freedom of speech—but as has already been mentioned, SLAPPs can also have a pernicious effect on the justice system, to which I particularly want to speak. SLAPPs is now the accepted terminology, but they were previously called lawfare. That term was very appropriate, because it is continuation of litigation by inappropriate means. It is clearly bad for victims, but it is also bad for the justice system. It allows bad actors to take action in the courts, and although we have a very robust judiciary in this country who are quite capable of making their views felt, without recognition of SLAPPs in law, under the rules of court and given the clearly stated aims of all parties, particularly the Government, SLAPPs are going to continue.

SLAPPs are typically brought by people of unlimited resources to deter publication. That is why, as the Bureau of Investigative Journalism and others have pointed out, most SLAPPs never reach the litigation stage. They are intended to have a chilling effect, not only on the specific, immediate target but on the wider press and media, particularly those who do not have deep pockets. They can tie individual journalists and publications in knots for years and can subject them to a huge amount of stress and risk. We can think of examples going back to McLibel, what happened to Tom Burgis and to Catherine Belton, or indeed—as the right hon. Member for New Forest East mentioned—the appalling way that Charlotte Leslie was treated. SLAPPs are used to protect people such as Mohammed al-Fayed who wilfully and knowingly use the court system to hide their misdeeds. It is undoubtedly true that such people introduce vexatious litigation into the courts, distorting their function and operation and misdirecting the purpose of justice.

If Members think I am exaggerating, whether or not it is a SLAPP in the classic definition, the action taken by ENRC against the Serious Fraud Office—which effectively has turned the hunter into the hunted—is an example of how even the institutions of state can become the victims of SLAPPs. This is a very insidious trend within litigation. It may not be widespread, but it has a hidden hinterland, and despite the best efforts of the UK Anti-SLAPP Coalition, the Bureau of Investigative Journalism—which I have mentioned—and Sir Wayne David in his Bill, we now really need the Government to take up this cause.

There is one other issue I want to deal with—one that I always mention, and that will not find favour with some Members of this House. If we are serious about dealing with attempts to use financial strong-arming to prevent justice taking its course, we also have to think about our attitude to the Leveson reforms. The aim of Leveson was to protect small publishers against litigants with deep pockets, but also individual citizens who have been misrepresented by large media organisations and are unable to take action, or are discouraged from doing so.

The victims of intrusion and vilification, particularly by the tabloids, also deserve the protection of the law. Leveson provided a solution through low-cost arbitration that would be fair for both sides—that protected publishers in the same way as individuals. It was not a form of state regulation, but a method of independent and fair determination of issues that restored equality of arms. If it is right for us to legislate on SLAPPs and stop the pernicious influence of the oligarchs of the steppes, we should also prevent the misuse of the courts by the oligarchs of Fleet Street.