Committee
Citizen Participation and Public Petitions Committee 01 May 2024
01 May 2024 · S6 · Citizen Participation and Public Petitions Committee
Item of business
Continued Petitions
Strategic Lawsuits against Public Participation (PE1975)
Good morning. Thank you, convener, for the opportunity to talk about strategic lawsuits against public participation—often referred to as SLAPPs. I would like to thank the petitioner, Roger Mullin, for his tireless campaigning work on this matter. The petition raises important issues and it is helpful to have them discussed in such a forum. The committee will be aware that the Scottish Government recently introduced reforms to our law of defamation, which took steps towards further protecting freedom of expression. Although SLAPPs are typically framed as defamation cases brought by wealthy individuals or corporations to evade scrutiny in the public interest, they can occur across a broad spectrum of issues, including data protection, privacy and environmental law. Since Parliament considered the law of defamation, significant steps have been taken elsewhere in the United Kingdom and in the European Union. In England and Wales, the UK Government has given its support to a private member’s bill that will widen the scope of the limited anti-SLAPP legislation that is already in place. At EU level there is a recent directive, and the Council of Europe has recently adopted a recommendation on countering SLAPPs. For those reasons, it is important that we make progress on the issue. I am pleased to say that we will consult on SLAPPs later this year. It seems to me to be both timely and sensible to consult on the issue of SLAPPs specifically in the context of Scots law. My officials have already had helpful engagement with stakeholders, and I will ensure that that continues throughout the consultation process. I welcome any questions that you or other committee members might have.
In the same item of business
The Convener
Con
Agenda item 2 is consideration of continued petitions. The first of those is PE1975, which is on reforming the law relating to strategic lawsuits against pub...
The Minister for Victims and Community Safety (Siobhian Brown)
SNP
Good morning. Thank you, convener, for the opportunity to talk about strategic lawsuits against public participation—often referred to as SLAPPs. I would lik...
The Convener
Con
Thank you, minister. That is encouraging. If I look over your shoulder, I can see the petitioner, who is in the public gallery this morning and will, no doub...
Siobhian Brown
SNP
Yes, absolutely. When my predecessor in post originally wrote to the committee, and when the petition was first lodged, the legislation was under review. How...
The Convener
Con
Thank you. Given that that is the case, our questions might be quite focused and to the point. I do not think that we are pushing a stone up a hill, in the s...
David Torrance (Kirkcaldy) (SNP)
SNP
Good morning to the minister and her colleagues. Will the minister outline what discussions have been had at meetings of the UK-wide SLAPPs task force on co-...
Siobhian Brown
SNP
The task force includes representatives from the UK Government and the EU, and I know that Scottish officials are part of it, too. By itself, legislation wou...
David Torrance
SNP
What wider monitoring has been carried out of the impact of the use of SLAPPs in Scotland?
Siobhian Brown
SNP
I will bring in Michael Paparakis to answer that question.
Michael Paparakis (Scottish Government)
As, I think, the committee heard a couple of weeks ago, SLAPPs are difficult things to measure. I understand that academics at the University of Aberdeen are...
David Torrance
SNP
Thank you. I have no further questions.
Fergus Ewing (Inverness and Nairn) (SNP)
SNP
If I might pursue the theme of that last question, convener, is it not the case that there is no doubt whatsoever that SLAPPs are a huge problem and that the...
Siobhian Brown
SNP
Yes, we do take it seriously. Globally and historically, there has been evidence that SLAPPs have been an issue. As I said, we have seen action being taken i...
Fergus Ewing
SNP
Convener, that reply is as much as I could reasonably ask of any minister, so I am grateful for it. Minister, if you want a useful form of words to ensure th...
Siobhian Brown
SNP
Thank you.
Fergus Ewing
SNP
That is just some free advice. Laughter. 09:45
The Convener
Con
All of which is noted. I point out that the petition was launched in September 2022, which makes it something of a teenager in our schedule of petitions. If...
Fergus Ewing
SNP
You are endowed with greater quantities of patience than me.
The Convener
Con
That remains to be seen. Thank you, Mr Ewing. Do any other colleagues wish to come in?
Maurice Golden (North East Scotland) (Con)
Con
I am interested in the motivation behind the consultation. Is that a result of this petition or of the Scottish Government’s policy of ensuring continuity wi...
Siobhian Brown
SNP
The petitioner was there when my predecessor wrote to the committee to say that the petition was under consideration. We have seen definite progress being ma...
Maurice Golden
Con
Is the minister concerned about the potential time lag between developments elsewhere and those in Scotland and about how that could expose Scotland to SLAPPs?
Siobhian Brown
SNP
Not at the moment. I will keep the committee updated on that. I know that that is still in the early stages of going through the EU and through the UK Parlia...
Maurice Golden
Con
Do you have ideas about the scope and form of the consultation? Do you know what you intend to bring forward or how will mirror what has been done by other j...
Siobhian Brown
SNP
We will engage with all the jurisdictions that have introduced legislation and will work with stakeholders. Michael Paparakis may want to add something.
Michael Paparakis
At this stage, there is no set information about what the consultation will contain. As the minister said, there is UK legislation, an EU directive and oth...
Maurice Golden
Con
Is it likely that the issue of public education about SLAPPs will be included in the consultation? Can you tell the committee about that?
Siobhian Brown
SNP
It is worthy of consideration.
Fergus Ewing
SNP
I am pretty sure that the minister has studied the previous evidence session. Mr Mullen and others made the point that, in its response to the petitioner’s a...
Siobhian Brown
SNP
Yes, we will cover every aspect.