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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 20 July 2025
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Displaying 2148 contributions

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Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 1 May 2024

Siobhian Brown

It is worthy of consideration.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 1 May 2024

Siobhian Brown

Absolutely. I saw the correspondence that mentioned the figure of £25,000. I think that, when I spoke to my officials about that, it was in the context of UK-wide litigation.

I have looked at legal aid and, as you know, it can be considered on a case-to-case basis if anyone wants to pursue in that way. However, I totally accept your point and your comments on that issue.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 1 May 2024

Siobhian Brown

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.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 1 May 2024

Siobhian Brown

I have been told that the board can consider it on a case-by-case basis.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 1 May 2024

Siobhian Brown

I can double-check that.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 1 May 2024

Siobhian Brown

Thank you. I am happy to keep the committee updated as we progress.

Meeting of the Parliament

Portfolio Question Time

Meeting date: 24 April 2024

Siobhian Brown

I have noted the misinformation on and misrepresentation of the act, and that many commentators have ignored the people in our communities whom the act seeks to protect. Following the statement in the Parliament last week, the Scottish Government published a new fact sheet, which, alongside existing information on the act, provides further clarity and factual information on what it does and, importantly, what it does not do. We are also undertaking a series of engagements across communities in order to listen and to raise awareness of hate crime.

Meeting of the Parliament

Portfolio Question Time

Meeting date: 24 April 2024

Siobhian Brown

As I have said before, my sympathies are with the former clients who have been affected by the collapse of McClure Solicitors.

The Scottish Government has discussed with the Scottish Legal Complaints Commission and the Law Society of Scotland whether a group proceedings complaint would be feasible, and their view is that it is important that individual complaints continue to be investigated on their own merits and that complaints are detailed and submitted by the individuals affected. That does not prevent specific staff who are familiar with the matter from being allocated those complaints to consider.

Meeting of the Parliament

Portfolio Question Time

Meeting date: 24 April 2024

Siobhian Brown

The Regulation of Legal Services (Scotland) Bill introduces the authorisation of legal businesses, bringing benefits such as greater consistency in regulating legal firms and enabling the Law Society as a regulator to identify and address deficiencies early. I will lodge amendments at stage 2 that are intended to deliver further improvements to the legal complaints system, and my officials have been working closely with the Law Society and the Scottish Legal Complaints Commission. I am very happy to meet Mr Marra if he wants to discuss any of those matters.

Meeting of the Parliament

Portfolio Question Time

Meeting date: 24 April 2024

Siobhian Brown

The law of limitation serves an important function to ensure that legal claims are advanced quickly. Where a claim is made outwith the relevant time limit, the court can exercise its discretion to override it and allow a claim to proceed.

I will be interested to hear what the SLC has to say on this important issue. As I mentioned, I expect its report to be published this summer. I will respond to its recommendations once I have had time to consider them fully, and I will make sure that the member and Parliament are kept aware.