Strategic Litigation Against Public Participation Bill

Apsana Begum Excerpts

2nd reading
Friday 23rd February 2024 Commons Chamber

[Apsana Begum (Poplar and Limehouse) (Lab)]

I commend my hon. Friend the Member for Caerphilly (Wayne David) for his work in bringing this Bill to the House, and I thank campaigners for what they are doing to prevent the misuse of litigation to suppress freedom of speech. Democratic and press freedoms are fundamental to our rights and to challenging corruption and the abuse of power. When whistleblowers speak out and journalists and a free press report the truth, society is better for it.

Just this week, Julian Assange’s extradition appeal closed at the Royal Courts of Justice. It is concerning to hear that he is unwell and unable to appear in court. I am conscious that the proceedings are ongoing, but I want to say that human rights are central to what is happening in his case. The issue is not just how he has been treated, simply for telling the truth; if extradited, he could be at risk of treatment amounting to torture, and other forms of ill-treatment and punishment, including the death penalty.

Julian Assange’s case has profound consequences for press freedom and democracy around the world. We cannot say that we stand for press freedom if that freedom exists only if it does not challenge certain powers, or go beyond what they want. As my hon. Friend said, our freedoms are undermined when the rich and powerful use the threat of costly legal action to suppress public criticism. That is why, last year, many of us welcomed amendments to the Economic Crime and Corporate Transparency Act 2023 that gave UK judges new powers to dismiss lawsuits that attempt to silence those speaking out about economic crime. However, given the limited scope of the Act and certain shortcomings in its text, those amendments fell short of providing meaningful protection against SLAPPs.

There is inequality under the legislation for those subject to SLAPPs that do not relate to economic crime and corruption. We know that powerful men use their power and the law to silence women. The purpose of such proceedings, often described as gagging orders, is to silence, intimidate, discredit and further disempower survivors. Some campaigners call it gendered censorship. It happens in the UK, but it is also a global phenomenon.

Although I welcome the ambition of the Bill, I believe there may be scope for further amendments about the definition of a SLAPP, so that domestic abuse is fully covered, particularly in the understanding of “public interest”. I say that because we all know of a series of libel cases in which wealthy men have sought to protect their reputation when women accuse them of abuse. Current legislation puts survivors at a disadvantage. For example, under the Defamation Act 2013, the defendant in libel cases can argue a public interest defence, but that is not available to survivors. I appeal to the Government to look at that carefully, and at how the Bill can be extended beyond the civil courts to the family courts.

In January 2022, I participated in a Backbench Business debate on the use of lawfare and strategic litigation against public participation by those seeking to suppress public debate, bully people into submission and conceal vital information that is in the public interest. I described my experience of lawfare being used against me. The House will be aware that I was completely cleared and vindicated in Snaresbrook Crown court after what I and many others in my constituency and around the UK viewed to have been vexatious litigation, pursued with the purpose of shutting down my public participation as a democratically elected socialist Member of Parliament and a survivor of domestic abuse.

The use of lawfare by abusers to pursue their current or ex-partner is coming to light more and more. I am aware that the occurrence of civil litigation cases of this nature has drastically increased, particularly following the widely publicised Amber Heard versus Johnny Depp case in the US. The most common proceedings we see brought are by men accused of sexual misconduct and/or domestic violence launching vexatious cases in relation to defamation, libel, the misuse of private information, harassment and press injunctions.

The UN special rapporteur on freedom of expression, Irene Khan, writing in a dedicated report on gender censorship in 2021, said:

“In a perverse twist in the #MeToo age, women who publicly denounce alleged perpetrators of sexual violence online are increasingly subject to defamation suits or charged with criminal libel or the false reporting of crimes. Weaponising the justice system to silence women feeds impunity while also undermining free speech.”

In addition, barristers Jennifer Robinson and Dr Yoshida make the argument in their book that the current situation strikes an unfair balance between his right to reputation and her right to freedom of speech. What is missing in the legislation in the UK as it stands is a recognition of the importance of her additional rights: her right to live a life free from gender-based violence and her right to equality.

The practice of abusers weaponising civil litigation against survivors is a continuation of abuse, as well as additional trauma. I often find myself asking, “If we cannot speak about violence against women and girls, how can we even tackle it?” By their nature, these cases misuse the courts and are brought against survivors to silence them and re-victimise them emotionally and financially. I urge the Government to look at the situation in the family courts, as well as the civil courts. No one should suffer domestic abuse, and anyone in such a situation should be supported in speaking out. It is a matter of public good and public interest.

Joint Enterprise (Significant Contribution) Bill

Apsana Begum Excerpts

2nd reading
Friday 2nd February 2024 Commons Chamber

[Kim Johnson]

I totally agree with my hon. Friend, and I will cover some of those points in my speech. I hope that the Minister will listen closely to the arguments I put forward today and fully consider this opportunity to end this injustice, which has destroyed so many lives and places undue burdens on the courts, the prison system and the taxpayer.

As the Minister will know, joint enterprise is the centuries-old legal doctrine that was intended to give powers to prosecute people who were not the primary actor but nevertheless played a role in a crime, such as a getaway driver in a bank robbery. However, something has gone profoundly wrong in the way the law has been used for the past 40 years, as the Supreme Court recognised in the 2016 landmark case of Ameen Jogee.

[Apsana Begum (Poplar and Limehouse) (Lab)]

My hon. Friend is making a powerful speech. Research including the 2022 report from the Centre for Crime and Justice Studies has found that following the landmark 2016 Supreme Court judgment, which had been expected to lead to a reduction in these types of prosecutions and convictions, not only has there been no discernible effect, but the number of black people convicted of murder has actually risen. Does my hon. Friend agree that that is one of the reasons the Bill is needed?

[Kim Johnson]

My hon. Friend makes a valid point on the consequences of the landmark case of Ameen Jogee, whose mum is in the Gallery today. People are being given mandatory life sentences for murders that they did not commit. Thousands have been locked up for life because they have been deemed, in effect, guilty by association. Since that ruling very little has changed, with only one successful appeal, as is shown in the research by the Centre for Crime and Justice Studies that my hon. Friend referred to.

--- Later in debate ---

[Kim Johnson]

I thank my hon. Friend for those comments. I totally agree, and I will cover some of that later in my speech.

With joint enterprise, it is often children or young people who are being put away for life. Felicity Gerry KC, who is also in the Public Gallery, has been instrumental in challenging the way joint enterprise legislation is misused, especially in her role as lead counsel on the landmark 2016 R v. Jogee case at the Supreme Court, and has helped every step of the way with this Bill.

Dr Gerry has provided some joint enterprise examples, all based on real cases: a boy cycling to and from an incident who has no contact with the victim; a driver who drops friends off to collect drugs and a fight happens outside the car; a passenger in a taxi where others get out of the taxi and go to another area where a stabbing occurs, and the passenger has no contact with the victim; schoolchildren who gather for a fight and one of them dies, but they are all prosecuted, even when they have no contact with the victim and have no weapon; children exploited to sell drugs who get caught up in the actions of others; and even a woman looking for her shoes during a violent disorder.

In the debate on new clause 16 on joint enterprise in the Criminal Justice Bill Committee on Tuesday, my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) mentioned another case, in which a woman who was a victim of domestic abuse was charged under the crime of joint enterprise and, because she pleaded not guilty, received a longer sentence than the person who abused her and actually pulled the trigger and killed someone.

I am sure the Minister will share my concerns about the way joint enterprise has been used in those cases. I would be happy to write to him with details, if he would find it helpful to follow them up. I hope he will come to the same conclusion that I have: that the new law needs to change and we must therefore take the opportunity before us today.

[Apsana Begum]

Does my hon. Friend agree that one of the problems with the current law is that it perpetuates a system whereby the fear of being convicted under joint enterprise leads to innocent people pleading guilty to lesser crimes, and that this is an injustice as well?

[Kim Johnson]

I totally agree, and we all saw that play out in the Post Office Horizon scandal.

I believe that the cases I have referred to prove beyond a shadow of a doubt that the current law allows for far too broad an interpretation of complicity and has enabled joint enterprise to be used as a dragnet for sweeping arrests and prosecutions that cannot be justified on the basis of natural justice or public safety, and that come at great cost to the taxpayer, placing an undue burden on our overcrowded courts and prisons.

Victims and Prisoners Bill

Apsana Begum Excerpts

Report stage
Monday 4th December 2023 Commons Chamber

[Apsana Begum (Poplar and Limehouse) (Lab)]

As co-chair of the all-party parliamentary group on domestic violence and abuse, I will concentrate my remarks on amendments and new clauses relating to domestic abuse.

I recognise that there has been some progress on domestic abuse, but survivors are being failed by the criminal justice system. Repeatedly saying that tackling domestic abuse is a priority does not mean that it is a priority. Survivors deserve much more than posturing and rhetoric; in fact, virtue signalling at the same time as failing us becomes a form of gaslighting in and of itself. Urgent and immediate action is overdue. All too often, survivors do not have faith in the systems that are meant to protect and support them. The situation for black, Asian and minoritised women is even more dire, as they are disproportionately victims of violence against women and girls, yet also experience poorer outcomes in access to justice and support. As such, my new clause 35 would compel the Secretary of State to conduct a review into the experience of victims of domestic abuse in the criminal justice system.

Survivors of domestic abuse currently face overwhelming barriers to justice: we are routinely subject to double standards and outright misogyny in policing, sentencing and imprisonment. I have first-hand experience of the fact that courts are even used by abusers to perpetuate abuse. Police forces share migrant victims’ data with immigration enforcement, which stops migrants from reporting to the police and others out of fear that they will be treated as offenders themselves, facing potential criminalisation, detention and even deportation. I therefore support new clause 30, tabled by my hon. Friend the Member for Rotherham (Sarah Champion), which would ensure that the personal data of a victim of a crime is not used for any immigration control purpose without the consent of that person. In fact, I believe we need a firewall between all public services and the Home Office, so that every survivor can report abuse and access justice and safety, and perpetrators cannot evade justice.

Recovery is an essential part of justice; the funding of services can mean the difference between life and death, hope and despair, and imprisonment and empowerment. My new clause 34 would compel the Secretary of State to conduct a review into the level of funding and provision for domestic abuse services, considering both counselling and advocacy services and refuges. In light of the impact of the cost of living crisis on domestic abuse survivors, urgent changes to housing, health and social security systems are also needed, and I urge the Government to support new clause 8, which would ensure that victims of domestic abuse who do not have recourse to public funds are still entitled to be supported. I urge them to choose to properly reform the criminal justice system, fund specialist services, and ensure that the social security system is there for people when needed.

[Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)]

Diolch yn fawr, Mr Deputy Speaker; it is a pleasure to contribute to this debate. I rise to speak to my new clause 33, a probing amendment based on concerns I expressed on Second Reading about the Victims’ Commissioner lacking enforcement power, undermining their ability to protect victims. The shadow Minister, the hon. Member for Cardiff West (Kevin Brennan), made similar comments during his contribution. I welcome the fact that Baroness Newlove has been appointed as Victims Commissioner—that is a step forward from where we were on Second Reading. I hope she has had the opportunity to influence the Bill before today’s debate.

On Second Reading, I talked about my constituents, the family of the murdered Mike O’Leary. Since Mike’s death, the family have become avid campaigners for victims’ rights, and the main thing they consider is missing from this much-awaited Bill is the enforcement powers that would give the Victims’ Commissioner some teeth. The murder of Mr O’Leary was a particularly heinous crime—his body was desecrated—and I look forward to the Sentencing Bill on Wednesday, when we will have an opportunity to discuss whether a new crime should be introduced and whether sentencing guidelines should be amended to reflect the extra suffering of the bereaved families.

Baroness Newlove, in her response to the King’s Speech in the other place, mentioned a sobering survey that her office did on victims’ experience of the criminal justice system. Of the 500 people surveyed, 71% were dissatisfied with the approach of the police to the crime they experienced, 34% said they would not report another crime, less than 29% were aware of the victims code, only 29% were offered the opportunity to make a victim’s personal statement and only 8% were confident that they received justice by reporting a crime. If the aim of the Bill is to bring victims’ experience into the heart of the criminal justice system, it has its work cut out.

The commissioner should be the key role for driving the change that is needed. On Second Reading, I pointed out the powers of the Welsh Language Commissioner under the terms of the Welsh Language (Wales) Measure 2011, introduced by the Welsh Government. The Welsh Language Commissioner’s enforcement powers range from offering advice and training to requiring an organisation to prepare a plan to prevent further continuation or repetition of the failure, requiring an organisation to take concrete steps to prevent further failure, publicising the failure of an organisation to comply with the measure and imposing a civil penalty of up to £5,000. Empowering the Victims’ Commissioner along the lines of the enforcement powers of other commissioners would considerably strengthen the hand of victims and help transform the criminal justice system so that victims are at its centre. I hope the other place may take up my new clause in its deliberations.

Victims and Prisoners Bill

Apsana Begum Excerpts

2nd reading
Monday 15th May 2023 Commons Chamber

[Apsana Begum (Poplar and Limehouse) (Lab)]

It is with profound sadness that I express my devastation at the recent murder of my constituent Suma Begum. My thoughts are with all Suma’s loved ones at this most difficult and painful time.

As a survivor of domestic abuse, and as co-chair of the all-party parliamentary group on domestic violence and abuse, I will be concentrating my remarks accordingly. I am afraid that I share the concerns about whether the Bill will, in fact, strengthen victims’ rights. The Justice Committee said the draft Bill “does not appear” to do any more than existing legislation. Specialist domestic abuse organisations argue

“there is a long way to go before this Bill can truly make a difference”.

Even the Domestic Abuse Commissioner for England and Wales has called the Bill “disappointing.” Indeed, it is very disappointing that the Government have failed to take on board such concerns and all the Justice Committee’s recommendations to strengthen the Bill. The End Violence Against Women coalition has argued that, despite the sector’s long list of priorities for the Bill, it instead delivers immense powers for the Justice Secretary to intervene in the parole process.

Despite the steps forward and the widely welcomed Domestic Abuse Act 2021, the truth is that it is extremely difficult for survivors of domestic abuse and other crimes to come forward. As a survivor, I know this from first-hand experience. The stigma, the structural and systemic bias against us, and the use of the courts and the law to threaten and silence us—never mind the trauma of the abuse itself—all too often seem insurmountable. In particular, evidence shows that black, minoritised and migrant groups are disproportionately victims of violence against women and girls, yet they also experience poorer outcomes in access to justice and support.

I know how threats of defamation and libel cases seek to shut us up, but this is not unique to my experience. We know of the libel cases in which wealthy men have sought to protect their reputation from women who accuse them of abuse. It is therefore clear that we need a comprehensive approach that provides support and consideration at every stage of the criminal justice system and, crucially, beyond. If the Bill is truly to centre on victims, it must provide rape survivors with independent legal advice and safeguards to protect them from excessive police requests for personal data.

I would also like to see a complete firewall between the police and immigration enforcement, ending the sharing of data that leaves those with insecure immigration status unable to seek justice and at risk of further victimisation. That demand has been made for decades, and it was also recommended by the Justice Committee’s pre-legislative scrutiny.

Lawfare, the practice of abusers misusing the court system to maintain power and control over their former or current partners, sometimes called vexatious or abusive litigation—in other words, stalking through the courts—needs to be tackled. The House will know that, two years after being elected as the UK’s first hijab-wearing MP, I had to endure an eight-day trial, instigated by a complaint from my ex-husband’s brother-in-law, which brutally forced me to talk about painful and private experiences. The action was taken by my local council, on which my ex-husband was a serving councillor at the time.

Although I was found to be innocent of all charges, I fear that the ordeal of the trial will haunt me for the rest of my life. The matter of domestic abuse was used against me by the prosecution, which argued that the abuse was a motive for the alleged crimes. Raj Chada, the criminal defence partner at Hodge Jones & Allen who represented me, argues:

“Prosecutors and investigators need to better understand and consider how victims of coercive control and domestic abuse behave and how they are treated by the criminal justice system.”

It is commonly assumed that a woman should just leave, and then all her problems will be over, but this is far from the reality for many. It goes on and on, and the wall of institutional gaslighting is chilling, which is why I am working with MPs from all parties to call for a duty of care to be placed on employers and political parties to ensure that survivors of domestic abuse are not exposed to further harassment. This must recognise that post-separation control and harassment is itself a form of domestic abuse and can occur long after a relationship or marriage has ended, with different tactics of abuse being used.

This week is Mental Health Awareness Week, and it is important to recognise that domestic abuse can have a severe and lasting impact on mental health and that survivors often find it difficult to access the support they need. I will be closely following developments on counselling notes. Victims of coercive control who go through court proceedings may find their counselling notes being used by a perpetrator to further the abuse and harassment post separation.

IDVAs have been mentioned a lot in this debate and, where they are funded and available, they can be crucial, as I know from first-hand experience. Women’s Aid and others have raised concerns about the proposal to create a statutory definition of an IDVA. I urge the Government to hold discussions with specialist domestic abuse services as soon as possible to address this issue. My understanding is that a statutory definition is intended to create consistency, but IDVAs should be allowed a degree of flexibility in how they carry out their role, given that they could be sitting in a courtroom with one victim and dealing with multiple stakeholders and partners to support another. It needs to be taken into account that, for victims of domestic abuse, no two cases are the same. My case was unique in that I had to go through court proceedings while holding public office, and the support of my IDVA was crucial.

Funding is crucial to this debate. The funding crisis in support for those experiencing domestic abuse continues to put many at risk, and it means that too many are unable to access vital services. The Bill currently places a duty on key agencies, but it does not attach funding. Any expansion in victim support services, which already face unmanageable referral levels and caseloads, needs funding.

More action and funding are urgently needed. In the UK, two women a week are killed by a current or former partner, and 49% of these women are killed less than a month after separation. This is unacceptable, but it is also preventable. This Bill is too little and, with great solemnity, I fear it is too late for so many.