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Strategic Lawsuits Against Public Participation
17 March 2022
Lead MP
Dominic Raab
Debate Type
Ministerial Statement
Tags
EconomyTaxation
Other Contributors: 18
At a Glance
Dominic Raab raised concerns about strategic lawsuits against public participation in the House of Commons. A government minister responded. Other MPs also contributed.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Government Statement
Mr Speaker, Dominic Raab made a statement regarding the proposals to tackle SLAPPs in UK courts. He highlighted a recent libel case where British journalist Tom Burgis was sued by ENRC, an oligarch-owned mining company. This case exemplifies how unscrupulous individuals and corporations use our laws and courts to intimidate critics through financial bullying. Raab noted that there were 14 such cases in the UK last year, up from just two in 2020, indicating a growing problem. The proposals include establishing a legal definition for SLAPPs with higher thresholds, strengthening public interest defences, limiting legal costs, restraining repeat litigants, requiring claimants to prove malice, and reviewing existing libel laws. A call for evidence was launched to gather views on these reforms.
Steve Reed
Lab Co-op
Streatham
Question
Mr Reed questioned whether the Secretary of State had made an estimate of how much these oligarchs would continue to abuse the current system until May, as they attempt to hide their collaboration with the Kremlin. He also asked about penalties for firms acting in SLAPP cases and what actions are being taken to stop law firms from helping Russian state funding.
Minister reply
Dominic Raab responded by emphasising that these measures were necessary to tackle a recent but growing problem of SLAPPs, noting the need for a robust call for evidence. He did not provide specific answers on estimates or penalties but committed to addressing concerns about law firms aiding Russian state funding.
Steve Reed
Lab Co-op
Streatham and Croydon North
Question
I thank the Secretary of State for advance sight of his statement—and so does everyone on Twitter. It certainly marks a major and welcome shift in Conservative party policy. When the Prime Minister was Mayor of London, he actively encouraged oligarchs to pursue vexatious libel claims through the British courts, and it is good to see some belated recognition today of just how wrong that was. We are used to double standards from this Government when it comes to Russian dirty money. Senior Ministers, including the Prime Minister himself, partied with Kremlin-linked oligarchs even as their plundered wealth flooded into London. They buried the Intelligence and Security Committee’s Russia report instead of acting on the threats it exposed to our politics and to our democracy. The reason there has been an increase in this kind of lawsuit—what the Secretary of State called a “glaring inequality of arms”—in this country is that the Conservative party got itself hooked on the Kremlin’s dirty money. My right hon. Friend the Member for Birmingham, Hodge Hill (Liam Byrne) has worked bravely to expose the Conservatives’ increasing dependency on Kremlin-linked oligarchs. Can the Deputy Prime Minister tell us how many Conservative party donors have used a SLAPP to silence free speech? These measures, welcome though they are, are too little, too late. Labour called on the Government to fix this problem way back in January. My hon. Friend the Member for Hammersmith (Andy Slaughter) demanded clearer guidance for judges, tougher regulation of law firms, and legislation to control costs so astronomical that no one can afford to stand up to Putin’s bullying billionaires. The Conservatives’ track record is frankly problematic. They ignored the Leveson inquiry when it called for low-cost litigation for claimants and defendants in media cases. Instead, they sided with Putin’s oligarchs against British journalists and campaigners until it was far too late. Putting Putin “on notice” is not enough—the Government must end this corruption now.
Minister reply
It is a bit surprising, on an issue of such seriousness, that the hon. Gentleman resorted to making the usual partisan political points. Frankly, I think the House can rise above his partisan approach. The hon. Gentleman says that this is too little, too late. In fact, in January, when he says Labour called for this, Justice Ministers had already made it clear that we were actively working on proposals. Indeed, I made that clear in the House in February. He referred back to 2018, or a couple of years ago. We had one case in 2018. As I said, this is now a burgeoning problem. Frankly, an element of “Captain Hindsight” seems to have crept along the shadow Front Bench. In relation to the broader points that the hon. Gentleman makes about oligarchs, I set out in the House yesterday the scale and the level of sanctions that we have imposed—indeed, with cross-party support. We have led the way internationally.
David Davis
Con
Goole and Pocklington
Question
I unreservedly welcome the Deputy Prime Minister’s statement. This has been a seriously cross-party issue. The hon. Member for Rhondda (Chris Bryant) has taken a terrific part in it, and the right hon. Member for Birmingham, Hodge Hill (Liam Byrne) and many others have engaged in it, because it is so important: we are talking about a fundamental defence of free speech. This is going to be difficult but it is also going to be urgent. The one point on which I agree with the Opposition spokesman is that dealing with this will be urgent, because it is not just about oligarchs. We have already debated in this Chamber cases like that of Mohamed Amersi—a disgraceful case brought against a former Member of this House. The timetable is important. I unreservedly welcome to this, but will my right hon. Friend give the House some indication of when he expects legislation to come out of the call for evidence he has announced?
Minister reply
I thank my right hon. Friend. He is absolutely right to pay tribute to the cross-party nature of this, notwithstanding the statement by the Opposition spokesman. That is very important, and he has helped to lead it, as is often the case. He asked about the timetable. As he will see, these are substantive proposals—not a Green Paper but a set of proposals. It is important, with regard to libel, which is there to defend the reputation of decent, upstanding people, that we get this right. It is about testing the evidence so that when we go to legislation, we get this right. After the consultation, I will look for the earliest opportunity and the earliest legislative vehicle. It may end up being a third Session Bill, but he has my reassurance that we are already looking at the appropriate legislative vehicle. It depends how much of this we do in primary legislation. I suspect most of it will require primary legislation.
Question
I thank the Secretary of State for advance sight of his statement. I welcome it, and the sentiments behind the proposed changes. For too long, Russian oligarchs have used their ill-gotten wealth to threaten and silence those who would rightfully seek to expose them. We know that the UK is awash with dirty money, whether it is the London laundromat, golden visa schemes or utilising UK law firms to silence journalists and intimidate activists who rightfully call out their unethical behaviour. Vladimir Ashurkov, a Russian political activist who was an executive director of Alexei Navalny’s Anti-Corruption Foundation, said that SLAPP lawsuits were “acts of hybrid warfare which are used to weaken the UK’s democracy, judicial system and fundamental freedoms”. Given that we know that Kremlin-linked oligarchs use SLAPP lawsuits to silence criticism and to attempt to control the public narrative, what steps is the UK taking to ensure that we cannot be manipulated to silence free speech, while protecting journalists and political activists? What steps are the Secretary of State and the UK Government taking to name and shame such companies and will specific secondary legislation be proposed to strengthen existing defamation and libel laws?
Minister reply
I thank the hon. Lady for her thoughtful and cogent statement, intervention and set of questions. I point out to her that we are dealing with the tier 1 visa, and the sanctions regime, both in the number of people and entities, plus the scope—I think it is now at $45 billion—demonstrates what we are doing on that front. The substantive proposals are all set out in the call for evidence, which is available in the House. She will find all the answers. I think it will be a combination of things. There are regulatory matters through the SRA regime that we want to look at, particularly around the ethics for solicitors, where there will be elements of perhaps secondary legislation. When we are dealing with libel law and the Defamation Act 2013, it will require changes to primary legislation, but I do not want to pre-empt the outcome of the call for evidence.
Question
My right hon. Friend is absolutely right to identify what has been a stunningly quick recent phenomenon, bearing in mind the exponential increase in cases in the past year alone. I am grateful to my hon. Friend the Member for Isle of Wight (Bob Seely) for discussing this matter with me when I was in office. We could see this trajectory rising at an alarming rate. The Secretary of State is absolutely right now in his consultation to build on the work we did in the Defamation Act 2013, where we raised thresholds to bring libel cases, and strengthening the public interest defence is absolutely the right way to go. Will he undertake to look not only at this phenomenon, but other areas where we see individuals or groups bringing cases purely on the basis that they wish to get disclosure or information from Government that is designed to make some sort of political or power point, as opposed to wanting the merits of the case dealt with by a court?
Minister reply
I pay tribute to all the work that my right hon. and learned Friend did in his tenure as Justice Secretary. He and I have looked at various things in this House together over many years, and the one thing we have always agreed on is the primacy of free speech. It is not entirely unqualified—libel laws are there for a reason—but he is absolutely right that the quintessential British liberty that guards all the others is freedom of speech and expression. However troubling it may be for politicians to have the journalistic scrutiny, rigour and all that, we understand in our hearts that it is critical to a healthy, vigorous democratic society, and I will certainly look at any other examples that he may wish to raise where we see this kind of legalised bullying through the courts and our jurisdiction.
Chris Bryant
Lab
Rhondda and Ogmore
Question
Acknowledging the positive developments in addressing Russian money, Chris Bryant questions the need for legislation to seize assets such as Chelsea Football Club and emphasises the importance of a proper tender process.
Minister reply
Dominic Raab acknowledges the points made by Chris Bryant but notes that Chelsea FC is outside the scope of the current statement. He praises Bryant's tenacity in campaigning against legalised intimidation and promises to consider specific points raised.
Question
Impressed with the Deputy Prime Minister’s action, Bob Seely highlights the issue of unscrupulous law firms aiding Kremlin neo-fascism and seeks guidance on whether he should continue his private Member's Bill or offer it in evidence to the consultation process.
Minister reply
Dominic Raab advises Bob Seely to do both. He commends Seely’s campaign and highlights the need for a targeted approach rather than an anti-lawyer stance.
Question
Joining colleagues in urging swift action, Barry Sheerman emphasises the importance of protecting the transparency necessary to counter the invasion of Ukraine while maintaining a balance with libel law.
Minister reply
Dominic Raab thanks Sheerman for his long-standing interest and confirms the need to act swiftly. He also highlights the importance of not conflating issues that might harm other areas.
Question
Welcoming the measures against SLAPPs, Siobhan Baillie questions how the Government is promoting press freedom more broadly.
Minister reply
Dominic Raab mentions ramping up the Media Freedom Coalition when he was Foreign Secretary and notes current efforts to help countries protect free speech and provide legal support for journalists under attack.
Question
Welcoming the statement, Tony Lloyd urges maximum speed while cautioning against getting legislation right. He suggests a presumption that the public interest test is correct and highlights its importance in combating oligarchs.
Minister reply
Dominic Raab agrees with Tony Lloyd's emphasis on the public interest test and outlines the government's approach to ensure balance, including looking at various defences in defamation law.
Maldon
Question
Warmly welcoming the statement, John Whittingdale questions whether protecting freedom of the press requires international action and asks about discussions with counterparts in other jurisdictions.
Minister reply
Dominic Raab acknowledges the importance of considering other jurisdictions' approaches to SLAPPs. He mentions examining bespoke libel laws and learning from judicially enforceable rights in places like the US.
Layla Moran
Lib Dem
Oxford West and Abingdon
Question
Welcoming the statement, Layla Moran highlights her own experience with legal intimidation and questions whether legislation will cover not just oligarchs but anyone using the law to silence truth.
Minister reply
Dominic Raab acknowledges Layla Moran's campaigning tenacity and confirms that although Ukraine and oligarchs are in mind, the legislation needs to apply broadly.
Question
As a former journalist, I welcome the statement on freedom of press and speech. Will the Minister reassure that he will take necessary steps to uphold this freedom?
Minister reply
The Minister agrees with Rob Butler's concerns and highlights the importance of embracing uncomfortable views and developing a culture that listens to dissenting opinions. He mentions upcoming reforms in his Bill of Rights, which aim to strengthen and reinforce freedom of speech.
Clive Efford
Lab
Eltham and Chislehurst
Question
While welcoming the statement, Clive Efford raises concern over SLAPP litigation against Government agencies like the Serious Fraud Office. He asks if protection mechanisms will be considered in future legislation.
Minister reply
Dominic Raab acknowledges the issue of SLAPPs and highlights Parliament's duty to prevent such abuses from silencing authors, academics, or journalists through costly litigation.
Kevin Hollinrake
Con
Thirsk and Malton
Question
Kevin Hollinrake praises the statement and mentions whistleblowers as key in identifying economic crimes. He asks if protections for whistleblowers will be included in future legislation.
Minister reply
Dominic Raab agrees with Kevin Hollinrake's points on SLAPPs and whistleblowers, committing to discuss this angle with Home Office colleagues regarding the upcoming economic crime Bill.
Jim Shannon
DUP
Strangford
Question
Jim Shannon thanks Dominic Raab for his commitment to legal rights across the UK. He asks if the proposals go far enough in protecting freedom of speech and preventing financial inequalities from impacting legal outcomes.
Minister reply
Dominic Raab reassures Jim Shannon that the reforms aim to cover all bases, including cost protections, permission stages to deal with abusive claims earlier on, and thresholds for SLAPPs.
Question
Alexander Stafford denounces corrupt elites using litigation to suppress legal criticism. He asks if the Minister agrees this type of litigation has no place in society and what other steps are being taken against dodgy elites.
Minister reply
Dominic Raab confirms sanctions on over 100 individuals and entities involving $45 billion, highlighting the Government's work on economic crime legislation. He commits to swift but careful reform based on evidence.
Shadow Comment
Steve Reed
Shadow Comment
Steve Reed thanked the Secretary of State but criticised the Conservative party's past policies that encouraged oligarchs to use British courts for libel claims. He highlighted Labour’s earlier calls for action on this issue and called the Government’s measures too little, too late. The shadow minister questioned why the consultation does not finish until 19 May when these oligarchs continue to abuse the current system. Reed demanded tougher regulation of law firms involved in SLAPP cases and asked what penalties will be imposed on such firms.
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