Speeches by Hanna.

“You think that Malachi’s case appears to be the exception; you do not think that that is part of an identifiable culture.”

“Obviously, the definition and categorisation of SLAPPs is evolving. Are you familiar with the concept of super-injunctions? Do you think that they would fall under the same categorisation?”

“But of course it is. In many cases, there is a complete inequality of arms, in that the costs can tick up, as they did for somebody like Malachi. In that case, imperfect though it was, there was at least a two-sided legal process, where he would have had—if he had unlimited financial means—the opportunity to go in and,…”

“Time is not in our favour, and other colleagues want to come in, including on the existing legal framework. We are not necessarily in disagreement on AI, but I don’t think time allows.”

“The danger is, having—I believe—identified substantial gaps and flaws in our legislative framework for defamation and SLAPPs in Northern Ireland, we could eat up all our time on AI, which is outwith the remit of this Committee.”

“In your opinion.”

“I have two quick follow-ups. You might not be able to name a case of libel tourism, Paul, but do you think the potential is there for that to exist? Is that a marketable opportunity?”

“As the Chair said, we would be genuinely delighted to, but we are bound to stick to the topic. The Chair has invited that analysis and will be really keen to read it. I just want to pick up on the privacy issue.”

“Exactly: it is a way that both shuts the press up and is publicly funded to do so. Would any of the remedies that we have discussed here help to address that? Are there other avenues that you think should be explored?”

“I can’t wait.”

“It is the best disinfectant.”

“Thank you all for your evidence. I know that people will find a lot of this alarming, but it is important to resolve it for the culture of lawfulness and trust that we are trying to create. A lot of what this Committee will be doing within this mandate is looking at issues relating to the suppression of information abo…”

“I note from your comments that you have some confidence in Jon Boutcher’s fresh approach and some of the processes that have still to run. Obviously, the Policing Board was a big part of the new beginning to policing and the change that needed to be created. How would you assess that? Have they been robust enough in th…”

“You have touched on this, but do you feel there is enough accountability and oversight for other police? We have the Policing Board, imperfect though it may be; is there enough of an accountability mechanism for some of the other forces involved in this?”

“Finally from me, because I am aware of the time pressure, you obviously won your judicial review against the seizing and raiding of your data. What is the status of that data at the moment? Has it been vindicated, or does it still exist within the PSNI?”

“There are a lot of issues we will want to come back to.”

“Thank you very much. That was all very disturbing, and now we will move on to the legal intimidation and coercion tactics that you might have been subject to. Malachi, could you outline the legal action brought against you by Gerry Kelly MLA? You might touch on the impact that it had on you personally and financially.”

“You have painted a picture of not one but at least two cases—”

“—that were, in the words of a judge, “scandalous” and “vexatious”, and ones that have drawn out for many years, and explained the effect that has had on you. You touched on why you think the case might have been brought against you specifically. Do we have a culture of this creating a chill factor, and—I am asking you …”

“As you say, we don’t have a handle on the problem. I am aware, again anecdotally, of cases where an employer—a publication—as you say, a bit like a car insurer, settled for the few quid rather than running the risk of expensive court costs. There is loads I would like to get into, but I am going to pause that for a mom…”