Hansard

The Convener Con

Agenda item 2 is consideration of continued petitions, the first of which is PE1975, which is on reforming the law relating to strategic lawsuits against pub...

Roger Mullin

Thank you, convener. First, I thank the committee for the opportunity to discuss the need for anti-SLAPP legislation in Scotland. When I was a member of Parl...

The Convener Con

Thank you, Mr Mullin. I see that Mr Ewing has arrived. You have not missed anything, Mr Ewing. We have just heard the introduction to our evidence session o...

Fergus Ewing (Inverness and Nairn) (SNP) SNP

My apologies, convener.

The Convener Con

We have a series of areas to explore in detail, but my first question is just meant to ensure our broad understanding of the issue. The committee was engaged...

Roger Mullin

I will allow my colleagues who are legal experts to respond on the detail of the issue, but I will respond from a more political perspective. The reason why...

The Convener Con

Is a governmental position of taking a reactive rather than a proactive approach to that possibility not a reasonable one?

Roger Mullin

I do not think so, because that would mean that you are allowing people to exercise those threats first, before you start to respond. That would be a complet...

The Convener Con

I hear what you say there. Might not the Government argue that, in an otherwise congested legislative environment, to act and to prioritise that when other m...

Roger Mullin

I do not know what its arguments will be, but I cannot think of anything that is more important than protecting the good name of Scotland internationally and...

The Convener Con

It is good to have that on the record.

Graeme Johnston (UK Anti-SLAPP Coalition)

Good morning. I used to work as a litigation solicitor in one of the big international firms and did a lot of cross-border type litigation—not about defamati...

The Convener Con

It is as if you are suggesting that our legal profession always has an eye to the main chance. That is the conclusion that I am drawing from that.

Graeme Johnston

I would not wish to imply that.

Professor Justin Borg-Barthet (University of Aberdeen)

In addition to the points that have already been made, there are a couple of things that we need to consider. First of all, the comparison being made is a li...

The Convener Con

Is there anything that you would like to say, Mr Mustafa?

Ahsan Mustafa (Law Society of Scotland)

Yes, thank you, convener. The Law Society of Scotland believes that a justice system that maintains the rule of law and ensures public confidence should not ...

The Convener Con

Yes, that aspect is at the heart of the petition. Mr Borg-Barthet, I want to understand—you alluded to this—the extent to which the issue is a problem about...

Professor Borg-Barthet

Court action is the tip of the iceberg with SLAPPs. The core problem is the credibility of a threat. If somebody were to threaten me with a lawsuit that was ...

The Convener Con

Although we cannot talk about live cases, colleagues who were members of the Scottish Parliament in the previous parliamentary session will remember the case...

Roger Mullin

Yes. The ones that I am most familiar with are used, first of all, against the journalistic community, and that is mostly in relation to investigative journa...

Graeme Johnston

In addition to what Roger Mullin said, another angle is that there is an increasing number of private individuals who get threatened or sued, for example, fo...

The Convener Con

There are other applications. I was just trying to understand where the centre of gravity is in relation to their use.

David Torrance (Kirkcaldy) (SNP) SNP

Looking at other legal systems across the UK, do you think that the action that is being taken in England and Wales goes far enough to adequately protect jou...

Roger Mullin

From my perspective, I doubt that it does at the moment, but I would rather defer to people who are legally trained to give a more detailed response.

Graeme Johnston

The main issue with the bill that is before the Westminster Parliament is that it has a subjective standard that applies to an intention to harass, for examp...

David Torrance SNP

Does the Council of Europe initiative put pressure on the Scottish Government to do more on the issue?

Roger Mullin

I will give a very short answer to that: yes. I think that Justin Borg-Barthet, in particular, is aware of what has been happening on the European front, so ...

Professor Borg-Barthet

I am not sure that it is necessary to expand a huge amount on your “yes”. To be clear, I was involved with the European Union law-making process rather than ...

David Torrance SNP

Thank you for that. In drafting anti-SLAPP legislation, what are the key factors that will make it successful?