A Penrith campaigner's three-year legal battle has been raised in the House of Commons, with Penrith and Solway MP Markus Campbell-Savours using the case to argue for stronger protection for people who speak out on matters of public interest.
Mr Campbell-Savours was speaking during a debate on Strategic Lawsuits Against Public Participation, known as SLAPPs.
SLAPPs are legal actions, or threats of legal action, which are designed primarily to silence criticism rather than establish a legitimate legal right. They can leave journalists, campaigners, academics, whistleblowers and members of the public facing the prospect of lengthy and expensive legal proceedings.
The debate was opened by Labour MP Alex Sobel, who called for MPs to address the implementation of anti-SLAPP measures.
He told the Commons that the objective of a SLAPP was often not to win in court but to make speaking out so expensive, stressful and risky that people decide remaining silent is safer.
Among those highlighted during the debate was Penrith campaigner Jeff Thomson.
Mr Thomson, who runs the Fresh AIR for Penrith campaign, received his first legal letter in February 2023 over Facebook posts connected with the campaign and its discussions about the odour known locally as the Penrith Pong.
The odour has been linked by many residents to the Omega Proteins animal rendering plant, operated by Leo Group Ltd. The company has disputed that it is the only source of the odour.
For more than three years Mr Thomson faced the uncertainty of defending a defamation claim, with the potential financial and personal stress that came with it.
The legal action was finally discontinued in June, with Omega Proteins and Leo Group agreeing to pay Mr Thomson's legal costs.
Speaking in Parliament, Mr Campbell-Savours said he had initially thought of SLAPPs as something involving major corporations taking on organisations such as Greenpeace or journalists investigating powerful individuals.
But, he said, the issue was much more relevant to ordinary people than those high-profile examples suggested.
“Those people include my constituent Jeff Thomson,” he said.
The MP described how Mr Thomson had moved to Penrith to enjoy his retirement but had not expected to find himself dealing with the problem of the town's foul odour.
Mr Campbell-Savours said Mr Thomson had set up the Fresh AIR for Penrith Facebook group as a place for residents to discuss the smell, share information and learn how to make complaints to the Environment Agency.
“For running a Facebook page, Jeff received his first legal letter in February 2023 and found himself living under the threat of a defamation claim, with all the stress and fear of legal costs that that brings, all because he spoke up on an issue that he and his neighbours cared about,” he said.
The MP also gave a frank account of his changing relationship with the campaigner.
“When I was elected, I said publicly that I wanted to tackle the pong,” he said.
“I will be honest: when I was first elected, Jeff got right under my skin.”
Describing Mr Thomson as “very demanding and good at irritating people”, Mr Campbell-Savours said he had come to view him differently.
“I now cast Jeff in the tradition of awkward people: the people who pester, who prod and who refuse to let things go,” he said.
“The truth is that without people like Jeff – and there is at least one in every town in my patch – nothing changes. Communities rely on them to keep pushing until someone listens.”
Mr Campbell-Savours said Mr Thomson had “had the courage to fight back” and highlighted the decision in June to discontinue the legal action.
But he warned that other campaigners may simply be deterred from speaking out.
“For every Jeff, there will be many out there now who are simply gagged, and their stories will not be told as part of this debate,” he said.
“That is why his story matters. His case shows exactly why we need an anti-SLAPP law.”
The MP argued that a simple early dismissal mechanism could have protected Mr Thomson from spending three years under the threat of legal action.
He said such a system should allow a judge to quickly determine whether a case involved a matter of public interest and whether it should proceed.
“If that mechanism had existed, Jeff would not have spent three years under threat, he would not have faced the stress, cost or fear, and the company would not have been able to use litigation as a tool of intimidation,” he said.
“No constituent should fear being sued simply for speaking about an issue that they believe is wrong. We must ensure that our legal system protects public participation rather than punishes it.”
The Leo Group has responded to the MP's comments.
A spokesperson for the company said:
“It’s a pity the MP does not engage with all the constituents in his area, may have provided him the opportunity for a balanced view.”
Sarah Sackman, Minister for Courts and Legal Services, said the Government recognised the seriousness of the issue.
“Let us be clear: SLAPPs are an abuse of power and the legal system, designed to shut down scrutiny, not to seek justice,” she said.
She said they could be used to harass, intimidate and wear down opponents through financial pressure and psychological strain.
The minister also specifically referred to Mr Campbell-Savours' contribution, saying SLAPPs could be used against ordinary individuals and not simply journalists, authors, publishers and academics.
“In this David and Goliath situation, it is not just individuals who lose out,” she said.
“This issue is corrosive to the principle in our society that respects the rule of law. Our focus is on tackling all SLAPPs.”
Mr Sobel called for the Government to find a legislative vehicle for simple and comprehensive anti-SLAPP provisions which would allow abusive lawsuits to be filtered out swiftly and fairly.
He also raised concerns about the effectiveness of existing regulatory measures and called for stronger regulatory guidance and enforcement.
Mr Thomson said he was pleased that the Penrith issue had now reached the national stage.
“Delighted a local issue, the Penrith ‘pong’, is now on the national agenda. Community power against an environmental injustice is a basic human right,” he said.
While the legal action against Mr Thomson has now ended, the wider issue of the odour affecting Penrith remains a continuing concern for residents and campaigners with the Environment Agency having recently confirmed that residents have reported odour issues from more than one source in Penrith over recent months alongside the reports of odours residents have said they believe to be from the Omega site.
Speaking after the debate Markus said: "I am happy to have spoken in the debate and I totally understand the importance of a right to reply."
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