Railways Bill

Debate between Heidi Alexander and Kieran Mullan

2nd reading
Tuesday 9th December 2025 Commons Chamber

[Heidi Alexander]

There are two key points in this Bill that my hon. Friend will be interested in. First, there are the provisions relating to our partnership work with mayors and mayoral strategic authorities, which will ensure that we work with our devolved partners. Secondly, there is the really beefed-up passenger watchdog, which I will come to. It might help if I say something more on that.

We have a laser-like focus on improving the railways for passengers.

[Dr Kieran Mullan (Bexhill and Battle) (Con)]

Will the Secretary of State give way?

[Heidi Alexander]

I will make some progress.

For too long, the priorities of passengers and the industry have not been one and the same, and that has to change now. Alongside GBR, we will create the passenger watchdog—a strong, independent voice for the customer. It will set tough standards, independently monitor the experience of passengers, investigate persistent issues, and relentlessly push for a more accessible railway.

--- Later in debate ---

[Heidi Alexander]

I would be happy to arrange that meeting. This issue was raised with me when I visited Norwich, on the day that Greater Anglia transferred into public ownership. As my hon. Friend is aware, the delivery of East West Rail will happen in three stages. We first need to get to Cambridge; after that, I would be happy to have that discussion, but it will take a huge amount of work to get us from where we are today to seeing trains running between Oxford and Cambridge, which has to be the priority.

[Dr Mullan]

Will the Secretary of State give way?

[Heidi Alexander]

I will give way, and then I will make some progress.

[Dr Mullan]

Understandably, the Secretary of State has been talking primarily about passengers so far, but of course, the railways also transport freight; for example, they are important suppliers to British Gypsum in my constituency, taking many lorries off the already congested A21. Could she lay out what her ambitions are for increasing the use of freight on the railways, and how she will deliver those ambitions?

[Heidi Alexander]

I do think we need to move some of the freight that we currently move by road to the railways. The Bill will require the Secretary of State to set a freight growth target, and Great British Railways will have a duty to have regard to that target when it exercises its statutory functions, so that is at the heart of this Bill.

Finally, I will talk about access to the rail network. Great British Railways will be responsible for getting the best use out of the finite network capacity that we have, which is essential if we are going to improve performance, reduce disruption and allow more communities to be served by the railway. We want customers to be given the best choice of services and routes; this will be a core principle of Great British Railways, so it will work with open access and freight operators to harness the best of the private sector, taking access decisions across the whole network in a way the current regulator never could. We saw the urgent need for change only last week, with the ridiculous prospect of an empty 7 am train running from Manchester to London—a decision by the regulator that has now thankfully been reversed. However, let me be clear: GBR will not be allowed to act unchecked. The Office of Rail and Road will have robust powers to hold GBR to account, and all decisions GBR makes regarding access and charging will be appealable to the ORR. This will ensure that GBR’s decision making is fair, considered and transparent across the board.

Before I finish, I draw the attention of the House to our accessibility road map, which was published alongside the Bill. My colleague Lord Hendy, the rail Minister, wrote in that publication that

“for too many people…the railway remains a system of barriers. That must change.”

I could not agree more.  As far as I am concerned, a railway that fails to serve everyone is not fit for purpose—which is why the Bill also gives GBR and the passenger watchdog clear duties, ensuring that the needs of disabled people are at the heart of decision making.

Strategic Lawsuits Against Public Participation

Debate between Heidi Alexander and Kieran Mullan

Thursday 21st November 2024 Commons Chamber

[The Minister of State, Ministry of Justice (Heidi Alexander)]

I associate myself with the shadow Minister’s lovely remarks about Lord Prescott. John was a political giant, and I am sure I speak for the whole House in sending our thoughts and condolences to his family.

I congratulate my hon. Friend the Member for South Dorset (Lloyd Hatton) on securing this debate. I also thank the Backbench Business Committee for giving us the opportunity to debate this vital subject so early in this Parliament. We have had a good debate today, and I have always thought that Backbench Business debates lend themselves well to issues where there is general cross-party consensus that a problem exists but where we need thoughtful, forensic consideration about how to move forward with sensible, workable proposals.

I echo the comments of the Chair of the Justice Committee, my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter), on how good it is to hear the wisdom of long-standing Members, such as the right hon. Members for Maldon (Sir John Whittingdale) and for New Forest East (Sir Julian Lewis) and the hon. Member for Strangford (Jim Shannon), while also hearing powerful contributions from newly elected Members, particularly the hon. Members for West Suffolk (Nick Timothy), for Tiverton and Minehead (Rachel Gilmour) and for Aberdeenshire North and Moray East (Seamus Logan) and my hon. Friend the Member for Kensington and Bayswater (Joe Powell).

I am happy to meet the hon. Member for Aberdeenshire North and Moray East, although I would also like to discuss with the Department for Business and Trade whether it might be more appropriate for him to meet a Minister from that Department, given that the matters he raised relate primarily to non-disclosure agreements.

SLAPPs represent an abuse of our legal system. They curtail free speech, have a chilling effect on public interest journalism and pose a threat to our democracy. As we have heard today, they are characterised by the use of threatening tactics or actions to silence those who exercise their right to free speech on issues in the public interest. These cases often involve an acute imbalance of power where those with deep pockets use their wealth and influence to silence journalists, academics and others who are committed to raising issues that need to see the light of day. These powerful actors do so by abusing the legal system to suppress information on which we collectively rely. True accountability and transparency in a functioning democracy can be achieved only through free speech and a free press that upholds the highest journalistic standards while challenging abuses of power without fear of financial ruin. As the Prime Minister recently wrote:

“This is a government that will always champion press freedoms. We believe in being held to account.”

That must apply to everyone, irrespective of wealth or position.

The Government understand the profound financial and psychological impact of SLAPPs. Such actions have enormous consequences for the wellbeing and the very livelihoods of those on the receiving end of them, because SLAPP conduct is not about winning a legal argument or remedy. Instead, a SLAPP seeks to exhaust a defendant so that they withdraw their investigation or public commentary. That was very clear in the responses received to the 2022 call for evidence run by the previous Government.

SLAPPs also impact the standing of our legal system. That system, underpinned by the quality of our legal services and independent judiciary, is held in the highest esteem internationally. The legal services sector contributes £34 billion to our economy each year. We must not allow our world-renowned system to be abused for improper purposes. I must emphasise that the vast majority of legal professionals in this jurisdiction operate with the utmost honesty, professionalism and respect for the rule of law. However, the small minority who abuse our system by bringing SLAPP claims risk undermining its integrity and reputation.

By their very nature, SLAPPs rarely reach court. Claimants ensure that by racking up pre-litigation costs so as to make defending the case beyond the reach of those targeted, often journalists investigating wrongdoings in the public interest. There are detailed accounts of how aggressive letters put pressure on targets to remain silent, proceedings are brought in multiple jurisdictions to ramp up risk for defendants, and disproportionate costs are claimed in relation to the remedy sought. Apart from the distress obviously caused to those exercising their right to free speech, in media cases resources are diverted as press outlets’ in-house lawyers are forced to spend hours poring over a defence, instead of publishing material of real interest. In the case of freelance journalists without insurance or academics, there is often no legal resource at all for them to get advice from when a threat from a SLAPP claimant comes in.

Defendants are often unable to take on the risks associated with fighting the lawsuits in court, usually because of the exorbitant costs they would have to pay to the claimant if they were unsuccessful in defending their case. Time-sensitive reporting is also hindered when a SLAPP is issued, as it prevents the journalist from revealing critical information while the case is ongoing. We cannot accept that chilling effect on public interest journalism and the prevention of other information in the public interest seeing the light of day.

To their credit, the previous Government introduced legislation to tackle SLAPPs that relate to economic crime in the Economic Crime and Corporate Transparency Act 2023, which received Royal Assent towards the end of last year. We supported the SLAPPs provisions in the Act in opposition, and I am proud that we are the first country to legislate against SLAPPs at national level. The Act introduced a statutory definition of a SLAPP and required the Civil Procedure Rule Committee to develop a new early dismissal process to strike out SLAPPs without merit, and to develop rules providing cost protection for defendants who are subject to a SLAPP.

I thank the CPRC’s SLAPPs sub-committee, which has been working hard on developing these rules. We expect its work to conclude early next year. The CPRC will then consider the matter, and once recommendations are adopted there will be clear court procedure in place to deal with these abusive lawsuits where they relate to allegations of economic crime. The measures will go some way towards tackling this abusive practice.

The Government understand that SLAPP claims are used to suppress public interest information beyond just economic crime. We have heard many examples today that illustrate the range of subjects they can cover. The right balance has to be struck between access to justice and the right to free speech. There will always be legitimate defamation claims, and any intervention must be proportionate and targeted appropriately. I am clear that this is a complex area and we should not legislate in haste, only to find ourselves with unworkable legislation with unintended consequences. We do not currently intend to legislate in this parliamentary session, but we are continuing our work to consider how best to tackle wider abuses of the system in the longer term.

[Dr Mullan]

I welcome that general commitment. Apologies if the Minister was going to come on to it, but could she explain why, when Labour was content with the legislation drawn up in the private Member’s Bill, it now feels it is too complicated and unbalanced, and cannot be implemented?

[Heidi Alexander]

The hon. Gentleman pre-empts the next section of my speech. We saw, during the passage of the private Member’s Bill before it fell on Prorogation, that there are strong and differing views on SLAPPs. I understand that there were still unresolved issues before Prorogation. The former Member for Caerphilly, Wayne David, the promoter the Bill, was a very good friend to me when I was previously in this House. I know there are current Members who would like me to just pick up where he left off, but I do not think it is quite as simple as that. I have read Hansard carefully and deliberately to ensure that I am aware of views across the House on this topic. I will also be meeting colleagues from the Foreign, Commonwealth and Development Office, the Department for Culture, Media and Sport, and the Home Office shortly to ensure we have a robust and joined-up response across Government.

This is an important and complex issue, where fundamental principles of free speech and justice are at play, so it is imperative that we take the time to get this right. Our immediate focus, therefore, will be on the implementation of the Economic Crime and Corporate Transparency Act provisions. Our future approach to SLAPPs reform will be informed by monitoring the operation of the new procedural rules when they come in. We continue to build our evidence base, taking into account the views of stakeholders that were raised during debates on the private Member’s Bill. I also invite parliamentarians to continue engagement with us as we consider longer-term options to tackle SLAPPs beyond economic crime.