Strategic Litigation Against Public Participation Bill

Debate between Mike Freer and Wayne David

Committee stage
Wednesday 8th May 2024 Public Bill Committees

[Mike Freer]

I thank my right hon. Friend and reiterate my offer to sit down with him and go through this in detail, whether for me to reassure him that the Bill meets his objectives or for him to convince me that we need to go further.

Clause 2(1)(c), to which amendment 12 would add, is broad: “any” behaviour can be considered by the court as evidence of misconduct. Subsections (4) and (5) give examples, but are certainly not intended to be exhaustive lists. Furthermore, many matters in the amendment are covered by clause 2(4). For example, the reference to

“disproportionate reaction to the matters complained of in the claim”

will cover excessive disclosure requests and dilatory strategies, as well as questions regarding the choice of jurisdiction.

The Government expressly support the amendments of the hon. Member for Caerphilly to clause 2 and the reasonableness test. We will not support the amendments that my right hon. Friend the Member for Haltemprice and Howden has tabled but not moved, as we believe that materially they cover the same ground. However, I repeat my offer to meet and see where we can agree.

I reiterate my thanks to the hon. Member for Caerphilly for promoting this important Bill, and I confirm the Government’s continuing support for it. The Bill will ensure that all those who speak out against corruption, hold the powerful to account and guard our freedoms through raising their voice are protected.

[Wayne David]

I thank hon. Members for their contributions. The hon. Member for Windsor is absolutely correct that what we have experienced today and previously highlights the fact that this is a good process. There should be more private Members’ Bills and more time allocated to them in the procedures of this House. That is an important point to make.

I am extremely grateful for the knowledgeable contributions from hon. Members, particularly my hon. Friend the Member for Hammersmith and my right hon. Friend the Member for Birmingham, Hodge Hill. I have very much relied on their experience and good advice in the passage of the Bill so far. I also thank my hon. Friend the Member for Poplar and Limehouse for her excellent contribution about her personal experience, which shows clearly why the Bill is required.

It is worth noting that the Bill has changed remarkably during its passage. The amendments to which we are in the process of agreeing will substantially strengthen the legislation. A number of stakeholders have been intimately engaged in the process. The Anti-SLAPP Coalition, to which several hon. Members have referred, has done a remarkable job and many of its suggestions have been directly incorporated into the legislation.

May I particularly thank the right hon. Member for Haltemprice and Howden for his amendments? He noted that it looks rather strange to see the names “David” and “Davis” together on the amendment paper. The only conclusion is that we must both have Welsh blood in our veins—there must be some commonality that transcends our party political differences. His amendments show that his careful consideration has enhanced our process enormously.

On amendment 11, I wholly agree in principle with the right hon. Gentleman’s proposal to give the public interest element of clause 2 greater prominence. Indeed, that is why I have tabled amendments 1, 3, 4, 8 and 9, which have the same aim. In view of the specific language in clause 2(1)(a) and (b), I consider that the formulation used in amendments 1, 3, 4, 8 and 9 will better achieve that purpose.

The right hon. Gentleman’s amendment 12 was drafted to expand the categories of conduct that show wrongful behaviour on the part of the claimant, in turn expanding the misconduct element of the test to establish whether a case is a SLAPP. The current drafting was purposely designed on the basis of evidence gathered, from stakeholders across the spectrum of views, in the Ministry of Justice’s call for evidence. The list is non-exhaustive and allows the court to take into consideration any matter that may be relevant. On that basis, I believe the categories of wrongful behaviour under clause 2 to be more than sufficient to identify whether the behaviour of the claimant amounts to misconduct.

I thank all hon. Members again for their contributions and their participation. I particularly thank the right hon. Member for Haltemprice and Howden for tabling his amendments but not pressing them, which has ensured an excellent debate this morning. I look forward to cross-party unanimity being expressed clearly at the end of our deliberations.

Amendment 1 agreed to.

Amendments made: 2, in clause 2, page 2, line 8, after “claim” insert

“is such that it is reasonable to conclude that the behaviour”.

This amendment ensures that the condition in subsection (1)(a) is met if the court determines that it is reasonable to conclude that the claimant’s behaviour has or is intended to have the effect in question.

Amendment 3, in clause 2, page 2, line 9, after “exercise” insert

“by that disclosure or potential disclosure”.

See the explanatory statement for amendment 1.

Amendment 4, in clause 2, page 2, line 10, leave out from beginning to “and” in line 11.

See the explanatory statement for amendment 1.

Amendment 5, in clause 2, page 2, line 13, after “claim” insert

“is such that it is reasonable to conclude that the behaviour”.

This amendment ensures that the condition in subsection (1)(c) is met if the court determines that it is reasonable to conclude that the claimant’s behaviour is intended to have the specified effect.

Amendment 6, in clause 2, page 2, line 14, leave out sub-paragraphs (i) to (iii) and insert “any harm or inconvenience”.

This amendment and amendment 7 restate sub-paragraphs (i) to (iii) for the purpose of clarifying the condition in subsection (1)(c).

Amendment 7, in clause 2, page 2, line 18, at end insert—

“(1A) In subsection (1)(c) the reference to ‘harm’ includes (but is not limited to) a reference to any of the following—

(a) expense;

(b) harassment;

(c) alarm;

(d) distress.”

See the explanatory statement for amendment 6.

Amendment 8, in clause 2, page 2, line 20, leave out “or (b)”.

See the explanatory statement for amendment 1.

Amendment 9, in clause 2, page 2, line 23, leave out “(1)(b)” and insert “(1)(aa)”.

See the explanatory statement for amendment 1.

Amendment 10, in clause 2, page 2, line 23, leave out from second “the” to end of line 24 and insert

“matters that are of ‘public interest’ include (but are not limited to) the following—”.—(Wayne David.)

This amendment rephrases the opening words of subsection (3) so as to make it explicit that matters of “public interest” are not limited to the specified matters.

Clause 2, as amended, ordered to stand part of the Bill.

Clauses 3 and 4 ordered to stand part of the Bill.

Bill, as amended, to be reported.