Strategic Lawsuits Against Public Participation

Rebecca Long Bailey Excerpts

Thursday 21st November 2024 Commons Chamber

[Rebecca Long Bailey (Salford) (Ind)]

I thank the hon. Member for South Dorset (Lloyd Hatton) for his passionate and eloquent speech, and for securing the debate.

Strategic lawsuits against public participation, or SLAPPs, are essentially a misuse of the legal system through threatening claims that are brought to stifle lawful scrutiny and publication. They have been used to silence public participation by and suppress information from activists, environmental campaigners, non-governmental organisations, whistleblowers, victims of sexual assault and even people just posting negative product reviews online. The list of journalists who have faced SLAPPs simply for reporting in the public interest grows by the day. Of course, receiving a SLAPP causes immense mental and financial concern and distress. It is clear that most people targeted by SLAPPs cannot afford the legal costs of defending the claims against them.

Without effective anti-SLAPP legislation, everyone in the UK remains at risk if they choose to speak out on matters of public interest. That is why having an effective anti-SLAPPs regime in the UK is so important. Failure to have one essentially undermines democracy. It is certainly welcome that the Government are pushing for greater transparency in public life through enhanced reporting, updates to the ministerial code and changes to Government contract awards, but focusing solely on the public sector is not enough. The consequences of focusing only on the public sector could be chilling: at one end of the spectrum, the public may be denied knowledge about issues of public interest, and at the other end, the exposure of corruption and other forms of wrongdoing in many areas will be limited. That would continue to leave the most powerful with the ability to manipulate the legal system to conceal wrongdoing across the UK.

I agree with what others have said about the need for anti-SLAPP laws to balance access to justice for those who have a right to defend themselves, but in reality, SLAPP victims—journalists, campaigners and abuse survivors—often lack the resources to defend themselves against aggressive legal tactics designed to intimidate them and suppress the publication of their information. That is why a comprehensive anti-SLAPP Bill—which would balance access to justice for those who have a right to defend themselves against the pernicious use of SLAPPs—would help to ensure that justice is accessible to all, not just the wealthiest. It is important to stress that the EU passed anti-SLAPP directives earlier this year.

I have a few questions that the Minister can perhaps answer in her closing speech. I know that she welcomes a lot of what has been said today. The Justice Minister in the Lords said that the Government are undertaking a review of SLAPPs policy. What are the parameters of that review, and how can parliamentarians and civil society engage with it? Do the Government recognise that, although claimant lawyers of course have expertise that is useful to this debate, we should be sceptical about letting those who have a direct financial interest, and who deny the very existence of SLAPPs, have such a substantial influence on policy-making? Do the Government agree that we will have a hope of stamping out SLAPPs only with a comprehensive and robust anti-SLAPP Bill, and is there a realistic prospect of one appearing in the next King’s Speech or of another legislative vehicle being used in this Parliament? Is it not the case that, far from restricting access to justice, anti-SLAPP legislation will ensure that justice is accessible to all, not just to a privileged few who seek to manipulate the UK legal system?

SLAPPs essentially undermine the very nature of the UK legal system and the freedom of speech and expression that our country is so proud of. I hope that the Minister will address my concerns and those of colleagues in closing the debate.

Sentencing Review and Prison Capacity

Rebecca Long Bailey Excerpts

Tuesday 22nd October 2024 Commons Chamber

[Shabana Mahmood]

I can confirm that all sex offences of all types are excluded from the SDS40 measures.

[Rebecca Long Bailey (Salford) (Ind)]

I very much welcome the Lord Chancellor’s sentencing review, but on immediate systemic issues, privately run Forest Bank prison in Salford is at 138% capacity, with continued reports over the years of high levels of violence and insufficient rehabilitative training for prisoners. The contract runs out in January. Can the Secretary of State confirm who will be running the prison after that date? Will she be bringing it back under state control? What measures is she taking to urgently ensure safety in the prison and adequate rehabilitative training?

[Shabana Mahmood]

I will not pre-empt any future decisions on any particular prison, but I am not ideological about whether a prison is run by the state or privately. There are good prisons of both types in the sector. There are some failing state-run prisons and some failing privately run prisons. The most important thing is that we get on top of the capacity crisis across the whole prison estate. We have to reduce overcrowding so that we can focus on the good-quality rehabilitation activity that I know governors in every type of prison want to ensure, so that prisoners can be helped to turn their life around.

End of Custody Supervised Licence: Extension

Rebecca Long Bailey Excerpts

Wednesday 8th May 2024 Commons Chamber

[Edward Argar]

My hon. Friend is right to highlight that and I pay tribute to his work in the justice system not only in this House, but prior to his being a Member of it. I believe—I will, of course, correct this if I am slightly out—that about 16,000 FNOs have now been removed. It is timely that as I say that, my right hon. Friend the Home Secretary appears in the Chamber, so that I can pay tribute to him and his Department for their work on delivering that. On prison places, I set out to the hon. Member for Twickenham (Munira Wilson) the progress on the six new prisons. Alongside that, we have built a vast number of rapid deployment cells and new house blocks, so we are expanding our prison capacity rapidly. As I say, that stands in stark contrast to the failure to deliver on the Titan prison places by the Labour party.

[Rebecca Long Bailey (Salford and Eccles) (Lab)]

Napo has said that

“the ECSL scheme is an unmitigated failure and has not only been extended without parliamentary scrutiny but represents an increasing risk to public safety”.

The Secretary of State knows that our probation service is in crisis and cannot cope without a significant increase in support and resources. Will the Government be providing that?

[Edward Argar]

I am very grateful to the hon. Lady. As I said to the shadow Secretary of State, I have great respect for the work done by those in our probation service. Indeed, I have met the probation unions in the past. Although we do not always agree, I have huge respect for the work those unions do in representing their members.

I would make two points. First, to say that it was done without scrutiny in this House stretches the bounds of credibility. There have been two statements by the Secretary of State and multiple oral parliamentary question sessions, and I have undergone a polite but thorough grilling at the Justice Committee by its Chair. I do not think it stacks up to say that this has not been subject to scrutiny.

On the hon. Lady’s underlying point, I set out earlier that we are investing in probation. There is £155 million of additional investment a year since 2021 and there are 4,000 more probation officers and staff in training.

Police, Crime, Sentencing and Courts Bill

Rebecca Long Bailey Excerpts

2nd reading & 2nd reading - Day 2
Tuesday 16th March 2021 Commons Chamber

[Rebecca Long Bailey (Salford and Eccles) (Lab) [V]]

Many of the rights we enjoy today were won not because of politicians with great ideas, but because people came together and demanded that their voices be heard. The Peterloo massacre caused politicians to pass the Great Reform Act 1832, the suffragist movement forced politicians to grant women the right to vote, and the striking Ford machinists and campaign for women’s equal rights inspired the Equal Pay Act 1970.

Our right to be heard is about to be eroded by one of the most pernicious pieces of legislation I have ever seen. Provisions in the Bill enable restrictions to be placed on freedom of assembly and association, which arguably contravenes article 11 of the Human Rights Act. Alarmingly, the Home Secretary will have the power to define what constitutes a “serious disruption” with regard to protests, allowing the Government to effectively determine what protests can and cannot take place. More insidious is the principle whereby protestors who

“intentionally or recklessly cause a public nuisance”,

by causing what is termed “a serious annoyance” can be subject to jail sentences of up to 10 years. A “serious annoyance” is purposely not defined, which should send chills down the spine of anyone who believes in democracy.

The Bill also fails to address the bias and discrimination that persists within our justice system. Indeed, the newly created serious violence reduction orders, which would allow the power to stop and search a person at any time, in any place, and even when completely free of suspicion, is at risk of being applied disproportionately to black and minority ethnic communities. The proposals to criminalise “unauthorised encampments” and establish trespass as a criminal offence, effectively criminalise the way of life for Gypsy, Roma and Traveller communities. The Bill does not include any specific measures to prevent male violence against women, and it does nothing to address decades of underfunding for the sector tackling violence against women and girls.

What of the right to speak out against such injustices when the Bill is enacted? The Bill fundamentally erodes those rights, and consigns them to the history books, only to be told to our children, like a fairy tale of freedoms gone by.

“When people are free to choose, they choose freedom.”

Those are not my words; they are the words of Margaret Thatcher. The reality of her tenure was very different, but frighteningly, her successors are now writing an even darker dystopian tale of their own, and it seems our freedoms play no part in that at all.

Oral Answers to Questions

Rebecca Long Bailey Excerpts

Tuesday 26th April 2016 Commons Chamber

[Mr Vara]

First, we need to recognise the world we live in, which is technologically advanced, and we are working closely with users, lawyers and everyone else involved in the legal process. I am happy to confirm to the hon. Gentleman that, at the moment, the buy-in from the judiciary, the lawyers and the public is very optimistic.

[Rebecca Long Bailey (Salford and Eccles) (Lab)]

8. What recent discussions he has had with G4S on its proposal to sell its contracts for the operation of secure training centres.

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

The MOJ has been in regular contact with G4S. We are closely monitoring the progress of the potential sale to ensure that it does not jeopardise the delivery of care at its secure training centres.

[Rebecca Long Bailey]

I am sure the Minister agrees that the breach of care at Medway secure training centre demonstrates the risks involved when a state duty of care is entrusted to a private organisation. How will he ensure that any transferee of the contracts observes the duty of care more robustly, and what assessment has he made of transferring such contracts back to the public sector?

Transgender Prisoners

Rebecca Long Bailey Excerpts

Tuesday 15th December 2015 Commons Chamber

[Cat Smith]

The hon. Gentleman makes a pertinent point and highlights the difficulties. A great number of people who have transitioned gender do not have a gender recognition certificate, so this does not just affect those who are at the beginning of their transition. Many trans people do not seek a gender recognition certificate for a great number of reasons, including financial reasons such as access to pensions. That puts them at risk, were they to enter the prison estate in England and Wales, of not being assigned to the prison estate of their acquired gender.

I welcome the Government’s review of the policy guidelines for England and Wales. The scope of the review was broadened recently to ensure that the care and management of transgender prisoners are fit for purpose.

[Rebecca Long Bailey (Salford and Eccles) (Lab)]

There is a clear danger when trans people are placed in all-male prisons, as has been highlighted in this debate. In the light of that, does my hon. Friend agree that, as well as issuing the much-needed guidance, the Government should impose a legal responsibility on prison governors to ensure that there is safe housing for trans people, no matter what stage of the reassignment process they are at?

[Cat Smith]

All prisoners should be safe on the prison estate. As a state, we have a responsibility to keep all prisoners safe.