UK Parliament / Open data

Strategic Litigation Against Public Participation Bill

It is a pleasure to follow the hon. Member for Poplar and Limehouse (Apsana Begum). May I start by congratulating the hon. Member for Caerphilly (Wayne David)? He has brought forward an excellent private Member’s Bill, and this is entirely what we should be doing with Friday sittings. I love Friday sittings; I have outed myself as a geek on multiple occasions. For me, this is what the job is about—coming here and talking at length about stuff that is important to people.

I also out myself as a lawyer and wave my LLB about. I am passionate about our legal system and believe keenly in it. It is the jewel in the crown of our state. It is par excellence and second to none. It deeply grieves me when something so important is perverted for the narrow interest of a small cadre of people who have rightly deduced that a technical flaw is available to them, and they have enough money to exploit it. The system should not be exploitable purely because someone has the financial resource to do it. We should not be able to purchase justice in this country—but people do that.

I will speak to two main issues only that I have deduced from reading this private Member’s Bill—which I will support fully, I hasten to add. The first is a matter for when the Bill reaches Committee, and that is how we address the serious problem of forum shopping. This country has a particularly robust approach to defamation legislation. Imagine that I publish a book like “Putin’s People”, for example: it could be the case that it is published in 18 different countries but that I only get sued in this one, because this country is the one that is most technically adept at allowing somebody to get money out of me and keep me quiet. That will then prevent me from being able to publish that book in other places; effectively, that process in one country will gag me in other countries. I think we can do something in that space. The hon. Gentleman has put together an excellent Bill. It is one for the pinstripe-suited—I am actually not wearing a pinstripe suit today—geeky bods to get into. We will have to drill down into the Bill to ensure that it is as robust as possible, but I am happy with its direction.

My second point is about addressing what the Bill is really about. It is about not technical amendments to the legal system—as much as I love those—but freedom of speech. Freedom of speech is one of the most fundamental rights in every democracy. The United States constitution starts with:

“Congress shall make no law respecting an establishment of religion, or prohibiting…the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

That is an incredibly powerful and potent set of clauses that prevents the situation we are discussing from happening in the United States. We have to rely on article 10 of the European convention on human rights; and I will say now, for the avoidance of doubt, that you will get me through a wood chipper faster than you will get me through a Division Lobby to take us out of that.

Article 10 is incredibly important, but it is not adequate for the task ahead of us, and that is why this is such an important Bill. As a Member of Parliament, I want to be able to go out and talk about what is correct, right, proper and decent, without having to rely on the fact that I have immunity in this Chamber, but I cannot do that without fear or favour at the moment, because this lawfare system—I think the hon. Member for Poplar and Limehouse coined that term, which is an effective way of describing what is going—is basically being used to destroy one of the fundamental principles of our democracy.

The hon. Member for Caerphilly is entirely right and proper to bring us this Bill. I will enthusiastically support it; if he needs people for Bill Committee when it gets to that stage, I will be there—and I am afraid I will be talking a lot.

10.11 am

Type
Proceeding contribution
Reference
745 cc959-960 
Session
2023-24
Chamber / Committee
House of Commons chamber
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