Strategic Litigation Against Public Participation Bill

Debate between David Davis and Andy Slaughter

Committee stage
Wednesday 8th May 2024 Public Bill Committees

[Andy Slaughter (Hammersmith) (Lab)]

It is a pleasure to see you in the Chair, Ms Elliott. I can be fairly brief, as harmony appears to have broken out across the Committee. I would not want to disturb that harmony in any way.

[Sir David Davis]

Go on!

[Andy Slaughter]

Well, just a little, maybe.

I congratulate my hon. Friend the Member for Caerphilly on his Bill and particularly on his amendments. They not only clarify the Bill but strengthen it a great deal, especially in relation to the objective test, which, as we discussed at some length on Second Reading, is a necessary change. Without the amendments, the danger is that one of the vices that the Bill seeks to prevent would become apparent in another way—through satellite or preliminary litigation—because we were trying to delve down into what was in the mind of a claimant in the process of bringing a suit. That is a good start.

The right hon. Member for Haltemprice and Howden mentioned pre-litigation risks about actual harassment of defendants and other ways of manipulating the court processes. I find amendment 12, which he tabled, attractive from that point of view. It certainly is the case, and libel cases are the best example, that whole swathes of defendants’ lives can be taken up simply by the manipulation of the litigation process.

Above all, and most commonly, this is an issue about costs. We can all imagine what Tom Burgis, Catherine Belton and Charlotte Leslie felt when they received those letters. It is not just about the allegations or the possible reputational damage; it is about the real risk of bankruptcy, or at least having to pay out huge sums of money. It is just common sense that that is bound to suppress free expression and hobble investigative journalism. If the Bill goes some way towards preventing what is commonly described as the chilling effect of such litigation, it will be doing an extremely good job.

It is also true that the use of the justice system to pursue SLAPP claims undermines the rule of law and undermines confidence in the judiciary. There is a question as to whether courts have been manipulated. They have stuck to the rules and dealt with the law as it is, but have been unable to do much about claimants who bring cases for malicious and devious purposes. I often agree with the right hon. Member for Haltemprice and Howden, my right hon. Friend the Member for Birmingham, Hodge Hill and my hon. Friend the Member for Stockton North; I do not agree as often with the Government or the Ministry of Justice, so that is a great pleasure.

Lawfare and Investigative Journalism

Debate between David Davis and Andy Slaughter

Monday 17th October 2022 Commons Chamber

[Mr Davis]

My hon. Friend is exactly right. Our friends and neighbours in the US and Europe are taking action, and we must not be left behind. If we do not act, we will let dangerous people off the hook while allowing journalists and researchers to be punished for doing their jobs. What we need now is a commitment from Ministers to bring forward either a free-standing SLAPPs Bill or measures that form a component of another Bill. I do not care which it is, but it must happen soon.

[Andy Slaughter (Hammersmith) (Lab)]

Will the right hon. Member give way?

[Mr Davis]

Briefly, because I have only seconds left.

[Andy Slaughter]

The right hon. Member is making an excellent speech and an excellent case for having anti-SLAPP legislation either as part of the economic crime Bill or as a stand-alone Bill. That needs to happen. There seems to be a general issue with costs, which are being used as a weapon in economic crime, in SLAPPs and in many other areas of law. It was an issue in Leveson as well. Do we not need to look at that and ensure that the courts can do their job unfettered by those outside influences that are causing the best legal system in the world to come into disrepute?

[Mr Davis]

The hon. Member is exactly right. There are a variety of other mechanisms that we could use. We could give judges the right to strike down egregious cases early. We could even look at the prospect of providing legal aid for journalists pursuing bona fide public interest issues. There are a variety of issues, and we should address all of them. This country is the global home of justice. Our justice system is admired around the world, but, if we are not careful, it will be corrupted, undermined, manipulated and abused by SLAPPS and people using SLAPPs.

I ask the Department and the Minister to take action, or to tell us that they will take action. Brits are rightly proud of how our legal system is a model for the world. If we are to ensure that that remains the case, we must act, and act soon.

Oral Answers to Questions

Debate between David Davis and Andy Slaughter

Thursday 1st February 2018 Commons Chamber

[Mr Speaker]

Unlike the question from the right hon. Member for New Forest West (Sir Desmond Swayne), which was commendably pithy—and again I exhort him to issue his textbook for the benefit of all colleagues.

[Andy Slaughter (Hammersmith) (Lab)]

I will do my best, Mr Speaker.

The EU has made it clear that EU citizens coming to the UK during the transition period should be eligible for settled status; the Prime Minister says they will not be eligible. Is that a red line, or are the Government willing to compromise on that? I thought nothing was agreed until everything was agreed.

[Mr Davis]

The hon. Gentleman is right that nothing is agreed until everything is agreed, but in the joint report that we concluded and got agreement on in December the EU agreed that the transition date, or end date for ongoing permanent residence rights—not possibilities, but rights—will be March 2019.

EU Exit Negotiations

Debate between David Davis and Andy Slaughter

Tuesday 5th December 2017 Commons Chamber

[Mr Speaker]

Or indeed a euphemism, as the right hon. Gentleman pertinently observes from a sedentary position.

[Andy Slaughter (Hammersmith) (Lab)]

When will we have a decision on the rights of EU nationals in the UK? The Secretary of State has yet again forgotten about them amidst the current chaos. More than 3 million people are in limbo with regard to their future rights, including many Irish citizens to whom we have a particular and long-standing duty.

[Mr Davis]

We recognise that duty. Indeed, I have said from the Dispatch Box that we view it as a moral imperative. We have made plain that we are doing everything possible to ensure that they carry on with their lives as they do now. We have made that plain and I really wish the hon. Gentleman would not frighten people by taking the opposite view.

Oral Answers to Questions

Debate between David Davis and Andy Slaughter

Thursday 7th September 2017 Commons Chamber

[Andy Slaughter (Hammersmith) (Lab)]

T5. Whenever I hear the Secretary of State explaining what will replace our current relationship within the EU, whether he is on the single market, the rights of EU nationals or whatever, it always sounds like a cut-and-paste, second-best, Heath Robinson version of events. I just wonder whether he ever, even for a moment, thinks it is possible he may be mistaken.

[Mr David Davis]

It would probably be a unique foray at this Dispatch Box for a Minister to admit error, but let me say this to the hon. Gentleman: I said at the beginning that this is a negotiation; it will take time and go in directions that we do not necessarily expect, and there will be give and take in it. That is as close as I can get.

EU Exit Negotiations

Debate between David Davis and Andy Slaughter

Tuesday 5th September 2017 Commons Chamber

[Mr Davis]

I thank my hon. Friend for the compliment, but all I will say is that I do not think the grapeshot has started yet.

[Andy Slaughter (Hammersmith) (Lab)]

Yesterday, with Members from both sides of the House, I was in Calais visiting some of the refugees who have been sleeping rough around the port since the demolition of the Jungle camp. About 200 of them are minors, some of whom have the right to come to the UK under the Dublin III regulations. If we leave the EU—if—the Dublin III regulations will fall away. Will the Secretary of State guarantee to replicate them in immigration rules, and will they then apply just to EU countries or more widely?

[Mr Davis]

The hon. Gentleman will forgive me if I do not make an instantaneous promise on what will be in the immigration Bill, but this is precisely the sort of thing that that Bill should address. A more general point I made to the European Commission negotiators last week is that a legal requirement is not the only reason for doing things. We are a country with a strong tradition of tolerance and generosity, and if anything, I expect that to grow after we leave, not diminish.