Strategic Lawsuits Against Public Participation

Lord Ponsonby of Shulbrede Excerpts

Thursday 6th March 2025 Lords Chamber

[Lord Black of Brentwood (Con)]

My Lords, in begging leave to ask the Question standing in my name on the Order Paper, I declare my interest as deputy chairman of the Telegraph Media Group and note my other interests in the register.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Ponsonby of Shulbrede) (Lab)]

My Lords, the Government are committed to tackling SLAPPs. Our immediate focus is on implementing the anti-SLAPP provisions in the Economic Crime and Corporate Transparency Act 2023, and their operation will inform any future action. We are determined to take the necessary time to consider this complex issue carefully and ensure that we do not risk upsetting the delicate balance between access to justice and free speech.

[Lord Black of Brentwood (Con)]

My Lords, SLAPPs are an unacceptable infringement on free speech; their sole purpose is to empower the powerful and corrupt to silence journalists and bloggers and to shut down legitimate scrutiny. In opposition, the Prime Minister and the Government strongly backed legislation to end their continuing abuse, but now they have gone back on that commitment and said that changes to civil procedure rules will be enough. Is the Minister aware that free speech campaigners such as Article 19 and Transparency International, backed by studies from the universities of Birmingham and Leeds, have said that these rules will be wholly ineffective in stopping pernicious lawsuits and that what is needed is full-throated legislation? Rather than hiding behind piecemeal legal tweaks, will the Government look at this again, stick to their unequivocal promises and set out a timeline for the development of a robust anti-SLAPP Bill?

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, the statutory definition of an economic crime SLAPP was within the previous Act, and the Civil Procedure Rule Committee has introduced rules. My honourable friend Minister Sackman signed the rules to come into law in January this year, and those measures will be implemented later this spring. The Government want to see how those measures will work before deciding on more legislation.

[Lord Thomas of Gresford (LD)]

My Lords, in 2023 the Conservative Government formed a task force to deal with SLAPPs under the direction of DCMS, with a wide representation of government officials, solicitors, barristers and journalists, and with terms of reference requiring bi-monthly meetings. Four reports were produced, the last in March 2024; there has been nothing since. Have the current Government abolished the task force? If not, what is it doing, and how and when will we hear from it?

[Lord Ponsonby of Shulbrede (Lab)]

I do not know the answer to the noble Lord’s question, so I will write to him.

[Lord Cromwell (CB)]

I had quite a lot to do with getting a SLAPPs element into the economic crime Act as a beachhead, but it was always seen as just that: a beachhead. A far more comprehensive law was to follow, covering all the other sectors beyond economic crime. Why have we not seen anything further? Will we see something further during this Parliament to cover the other areas? I am sure the Minister will be aware that law firms that profit from this will be lobbying hard against it. I hope he will resist that.

[Lord Ponsonby of Shulbrede (Lab)]

I remember the interventions from the noble Lord, Lord Cromwell, in the debates on that Act, in which I took part as well. I am going to give the noble Lord the same answer as I have just given. We want to see how the changes to the rules will change the actions of the courts. SLAPPs are covert and they need to be identified. We want to enable the judges to identify them appropriately.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I too am concerned that this is slipping down the legislative agenda, because this issue is serious. Whistleblowers in the Post Office scandal, for example, were silenced early on when they wanted to go public and received letters telling them that they would be sued for defamation if they pursued their claims. We have seen many journalists being silenced and intimidated with expensive lawsuits by the rich and the powerful. It is identifying those cases and having specific legislation that is effective.

I remind the Minister that a lot of these cases are directed against women, often exposing things to do with powerful men misbehaving and their conduct towards women being highly concerning. Those women are silenced. Given that the Government have committed to protecting women and girls, are they going to do something to protect those who are most vulnerable in this area?

[Lord Ponsonby of Shulbrede (Lab)]

I absolutely recognise all the points my noble friend made in her question. We do not believe that this issue is slipping down the legislative agenda. We want to see how the 2023 Act will work in practice. That will be happening imminently. The new rules will become active later this spring. The point my noble friend makes about intimidation through this procedure is absolutely right. Women, journalists and women journalists are all victims of this, and it is something we will certainly keep an eagle eye on.

[Lord Keen of Elie (Con)]

My Lords, does the Minister agree that we should not confuse the issues surrounding non-disclosure agreements, which can be pernicious in themselves, with the issue of strategic lawsuits against public participation? Does he also agree that because the public profile of SLAPPs has so increased recently, regulators have taken a far more positive approach to dealing with the matter, as recent evidence from the Solicitors Regulation Authority and the Bar Standards Board illustrates? It might be better to see how the civil rules implement the perception against SLAPPs and allow those regulators to discharge their functions with regard to the legal profession.

[Lord Ponsonby of Shulbrede (Lab)]

I thank the noble and learned Lord for that question, and I agree with the points he made. It is indeed true that non-disclosure agreements can be pernicious in themselves, and they are not to be confused with SLAPPs. The new regulations will come into place imminently, and we should see how they go before considering future legislation.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords—

--- Later in debate ---

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, I think the Minister is aware that the Council of Europe has done a great deal on this matter, particularly the parliamentary assembly committee on culture, media and sport. I think the Minister said in a previous exchange that he would look at the Council of Europe recommendations and take account of them in taking action on this. Has he had the opportunity to do this yet? If not, will he do so soon?

[Lord Ponsonby of Shulbrede (Lab)]

Yes, I remember our previous exchange on this matter, and I have looked at the work done within the Council of Europe, the parliamentary assembly and its culture, media and sport committee. This is a cross-Europe issue. There are groups measuring attempts at SLAPPs across European jurisdictions. We will continue to look at how legislation is developed across Europe. We will keep an eye on this within the UK. The point that my noble friend makes is a good one.

[Baroness Stowell of Beeston (Con)]

My Lords, I refer the Minister to the letter from the SRA, which it sent me this week and I have published on X this morning, detailing why it has not taken action against the lawyers representing Yevgeny Prigozhin, who pursued the journalist Eliot Higgins for tweeting that he was a Russian mercenary and the leader of the Wagner Group. In that letter the SRA is clearer than it has ever been that, in its view, legislation is needed to prevent SLAPPs. Can the Minister please think again about the urgency of this matter? What with not moving on this, yesterday’s complacency on the Telegraph and the Government’s position on copyright, there needs to be a different kind of response from the Government on matters concerning the freedom of the press.

[Lord Ponsonby of Shulbrede (Lab)]

I thank the noble Baroness for sending me a copy of that letter yesterday. The first point to make is that it is for the courts to decide whether a case is indeed a SLAPP. The second is that the case referred to in the SRA letter preceded the legislation that is now in place. The focus of the Government is to see how the new regulations will bed down before we consider new legislation.

[Lord Fox (LD)]

My Lords, the Minister may not be aware that the Georgian oligarchy is introducing SLAPPs laws into its own country now, justifying that by saying that they are British laws. Is the Minister not embarrassed that this is being used to suppress the press and protest in Georgia? Does he not understand that we need to take this out of our laws so that people are not using it as justification elsewhere?

[Lord Ponsonby of Shulbrede (Lab)]

I was not aware of the point that the noble Lord has just made, but of course there is a balance to be struck between Article 6 rights of access to justice and Article 10 rights of freedom of speech, and it is very important that we get that right.