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The Minister for Crime Prevention (Norman Baker)
I congratulate my hon. Friend the Member for Mid Bedfordshire (Nadine Dorries) on securing this important debate and on communicating her thoughts effectively and convincingly. I welcome the constructive approach of the shadow police Minister. We have three parties in this debate, and all three speakers are in the same position: we want to deal with this serious matter carefully, sensibly and effectively. We all share the abhorrence that my hon. Friend expressed for the consequences of cyberstalking. The Government has an open mind as to how we take the matter forward. We are committed to tackling cyberstalking. If there are good ideas, from wherever they come in the House, we want to look at those ideas. We have an open door as well as an open mind on these matters. I hope that the shadow police Minister will take that in the constructive spirit in which it is meant.
Stalking, whether it occurs online or offline, is a serious crime that can have devastating and debilitating effects on those targeted, as my hon. Friend eloquently set out. It is a crime that the coalition Government takes very seriously. According to the independent crime survey for England and Wales for 2012-13, after the age of 16, stalking affects 4% of women and 2% of men a year. It can affect many people in many different circumstances—incidents of stalking can take place within the context of a violent relationship or after a brief relationship, and it can involve a casual acquaintance or a complete stranger.
Victims of stalking may be affected in many different ways. They may lose their home, their family, their friends and their job in a bid to escape a persistent, fixated stalker. The most extreme outcome may be homicide or suicide. Everyone has the right to feel safe and secure and to live their life without feeling threatened or intimidated, and without being spied on. Victims of stalking have those fundamental freedoms taken away from them.
Both my colleagues referred to legislation and to enactment, and it is right to deal with both aspects. I will deal with legislation first. The Government is absolutely clear that what is illegal offline is illegal online. Cyberstalking is simply a term that describes a way to stalk a victim—using the internet—and it is therefore covered by the legislation. If people behave online in ways that would be unacceptable in any other context, there must be consequences. In 2012, we introduced two new stalking offences, which by definition include cyberstalking. We are determined that those who engage in such reprehensible behaviour are brought to justice.
My hon. Friend made a powerful case that stalking online is, in some ways, more debilitating for the victim and more damaging than it might be offline. She drew the helpful and pertinent comparison between poison pen letters, which could be called the offline method of stalking, and online stalking, with its potential impact and the ability of the internet to makes things available to far more people. Online stalking can therefore be more damaging than offline stalking—she made that point powerfully, which law enforcement agencies and the Government need to take on board.
Cyber-smearing, as my hon. Friend called the practice, is indeed more serious than poison pen letters. She was also right to say that anonymity is more possible online than it is offline. That can be more threatening and give perpetrators the appearance of having more power than they have offline, where they may be identified. People may therefore behave more outrageously and unacceptably online than they would do otherwise. The Government treats online and offline crime equally as crime, but I personally accept her point that online stalking can be more serious. We have to reflect that fact in how we approach the matter. I am grateful to her for making the case.
In answer to one of the questions asked by the shadow policing Minister, data from the Crown Prosecution Service’s report on violence against women and girls, published in July 2013, indicate that up to June of that year 91 prosecutions had been commenced under the new stalking offences. The legislation is still of course relatively new, and we will continue to monitor its use closely and carefully to ensure that it is effective and appropriate. He also asked about the number of potential cases yet to be brought forward. Police-recorded crime figures from April 2014 will give a clearer picture of stalking, because it is now separated from harassment.
Norman Baker
I mentioned that 91 prosecutions had been commenced, but I do not have the figure for whether the outcomes were successful. If I can rustle up that figure during the debate, I will give it to the Chamber. Otherwise, I am happy to write to the shadow Minister and my hon. Friend with that information.
Both the Members who have spoken in the debate rightly raised the issue of training. Legislation is not enough; it is only useful if it is effective and used, and if those who have the duty to act under it understand how it works and are sympathetic to it. The police, the criminal justice system, the front-line practitioners and industry all have a role to play in tackling the appalling crime of stalking, and we are working with them to increase awareness. For example, the Home Office has developed a one-day training course to improve understanding of stalking among those who come into contact with victims. The package was developed in partnership with Women’s Aid and the Paladin National Stalking Advocacy Service.
In addition, the College of Policing has developed a training package on stalking and harassment, which last year won the silver award for “excellence in the production of learning content” at the national 2013 e-learning awards. The training package is available to all police officers and staff. Furthermore, all newly qualified police officers—uniformed officers, investigators and public protection officers—are expected to complete it. It has been completed 48,000 times by the police since October 2012.
Nadine Dorries
Will the Minister confirm whether that is the same as the online package with the rather complicated name? I am afraid my notes have been taken away, but I have found a reference. Is his training package the same as that of the National Centre for Applied Learning Technologies, which 370 Bedfordshire officers have completed? Or is it a different package? If it is a different one, we need to have some harmony between the packages that are out there and what forces can access; otherwise, the picture presented is complicated. Does the Minister know whether those packages are the same?
Norman Baker
The terminology used by my hon. Friend was not what I used, but I will also check that point and come back to her with an answer. I was referring to a College of Policing package.
We have also developed a cyber-flag to enable forces to highlight crimes that have taken place online. The flag is running on a voluntary basis during 2014-15, and forces have been encouraged to start returning data to the Home Office. The flag will become mandatory in 2015-16. As time progresses, we will have a much clearer picture of what is happening than we did immediately after the enactment of the new offences.
I am pleased that in June 2013 the CPS made mandatory its e-learning package on prosecuting cyberstalking, non-cyberstalking and harassment. More than 1,300 lawyers have now completed that training, which is another aspect of the necessary involvement of the law enforcement agencies. For prosecutors to have appropriate guidance in place is also critical—a point made by the shadow Minister—and in June last year the CPS published guidelines for prosecutors on the approach that they should take in cases involving communications via social media. The guidance is absolutely clear that such communications are capable of amounting to criminal offences. We will continue to work with the police and other criminal justice agencies to ensure that all stalking cases are handled effectively and with due sensitivity.
I will now respond to one or two of the other points made. Garry Shewan and Alison Saunders, the Director of Public Prosecutions, wrote jointly to all chief constables and chief Crown prosecutors to identify common issues, such as charging correctly, and how they could be more effective. So they have taken action as well. As I mentioned, the CPS published robust guidelines in July last year, and they set out how to tackle cases involving social media. It is also worth mentioning at this point that the Home Office is committed to ensuring that local police and crime commissioners are fully aware of such offences and of the victims. A series of focus groups is planned that will include giving victims of stalking an opportunity to share their experiences with police and crime commissioners. We are trying to cover all bases.
Nadine Dorries
To be helpful to the Minister, I remind him that one of the issues that I raised was the funding for the National Stalking Helpline. Will that be continued?
Norman Baker
Funding for the Suzy Lamplugh Trust has been ring-fenced until March 2015; decisions beyond that point, for reasons of the electoral cycle, have yet to be finalised. The helpline is also funded by the Home Office. I am keen to get certainty on funding not only for that but for all useful Home Office strands. Clearly, we have to consider what we can do sensibly, given the election period, so that we do not end up with varied and vital sources of funding drying up and leaving people out there who perform much good work, especially in voluntary organisations, high and dry. I fully understand the point made by my hon. Friend about certainty of funding—it is guaranteed until March 2015 for the Suzy Lamplugh Trust, but I am keen to see what we can do to give more certainty before the summer recess, if at all possible.
There is also a vital role for social media companies to ensure that they respond quickly and appropriately to incidents of abusive behaviour on their networks. We expect such companies to ensure that they have easy-to-use reporting tools and robust processes in place to respond promptly when abuse is reported and, if necessary, that individuals who do not comply with their acceptable use polices have their accounts suspended or terminated.
Online abuse and harassment affect young people, which my hon. Friend referred to. On 13 February, the Minister for Culture, Communications and Creative Industries, my hon. Friend the Member for Wantage (Mr Vaizey), chaired a meeting with social media companies, including Facebook, Twitter, and Google, charities and Members of Parliament to discuss what more might be done to protect young people online.
The purpose of the meeting was to hear from social media companies about the measures they have in place to protect children from abuse, threatening behaviour, or seeing something that may be harmful. MPs had the opportunity to challenge, ask questions and raise any concerns. We affirmed the position that social media companies should respond quickly to incidents of abusive behaviour on their networks and ensure that they have measures in place to protect users.
As my hon. Friend the Member for Mid Bedfordshire said, some of the people who engage in such reprehensible behaviour use anonymity to cover up who they are and to avoid being brought to justice. Of course, sometimes it is complicated to identify who is responsible, but it can be done. She will no doubt be aware of one or two cases in which individuals have been successfully prosecuted. For example, the Caroline Criado-Perez case involving the bank notes issue resulted in two convictions. It is absolutely right that such matters are taken forward.
It is also true—the shadow Minister referred to this—that such crimes are relatively new. They did not exist when he arrived in Parliament, or indeed when I arrived in Parliament in 1997. Therefore, MPs and successive Governments, and those to whom we look to enforce legislation, whether the police, the CPS or others, have been on a learning curve to ensure that the legislation is correct. We are committed, and we are trying to ensure that our practitioners out there are committed, to putting in place procedures and methods to ensure that such crimes can be dealt with effectively and that those who are responsible are brought to justice. It is important to do that.
We are on a learning curve, because the legislation and the crime are relatively new. However, some of the measures I have spoken about indicate that we are taking the issue seriously and that we are making useful contacts and connections with those whom we expect to enforce the legislation out there.
Part of the matter relates to education and ensuring that young people in particular understand the need to be safe online. I am particularly concerned that—this is slightly beyond the point made by my hon. Friend —when people add something innocuous to Facebook or their website, it could come back to haunt them in 20, 30 or 40 years, which simply was not possible when we were their age. Therefore, young people need to be fully educated to understand the consequences and implications of the internet in a way that was not necessary for us when we were growing up.
All schools, including independent and free schools, must have a behaviour policy. E-safety teaching also applies in all schools. Education about online safety is important. The Government-funded Child Exploitation and Online Protection Centre, which is now integrated with the National Crime Agency, has issued advice on sexting and has produced material for teachers.
From September, children in primary schools will be taught how to use technology safely and respectfully, how to keep personal information private and where they can go for help and support. That is a useful development. Secondary school pupils will be taught a range of ways to use technology safely, responsibly and securely.
In addition, the Government has sent a clear message to schools that bullying, including cyber-bullying, is absolutely unacceptable. As I mentioned, every school is by law required to have a behaviour policy that includes measures aimed at preventing all forms of bullying among pupils. We have updated the advice to schools on bullying and cyber-bullying, setting out their legal duties, and the powers and the steps they can take to tackle it effectively. The Department for Education has given almost £3 million to organisations such as Beatbullying, the Diana Award, Kidscape and the National Children’s Bureau to provide state-of-the-art materials on cyber-bullying.
Regarding cybercrime more generally, we need to keep pace with the way in which crime is changing, and we are committed to improving our ability to tackle emerging issues. We are investing £860 million through the national cyber-security programme to improve our ability to detect attacks, develop world-class cyber capabilities and promote economic prosperity. That includes the creation of the national cybercrime unit, which is part of the National Crime Agency and will bring together law enforcement experts into a single unit to take the fight to the most serious offenders. As far as I am concerned, people who harass and destroy lives are serious offenders.
We have made progress, but there is more to do. In March, we updated the cross-Government action plan on violence against women and girls. It contains specific commitments to tackle stalking, including further action to raise awareness of that crime and continued funding for the national stalking helpline, which is a free national helpline that provides information and advice to victims of stalking.
More broadly, we will support effective local approaches to tackling violence against women and girls by providing local areas—through police and crime commissioners, local authorities and health care commissioners—with the information they need to deal effectively with crimes such as stalking.
Critically, we are committed to driving a culture change, both across society and in the response by front-line agencies. That is why, since 1 April, stalking and harassment offences are being reported separately in the police-recorded crime returns to the Home Office, allowing better assessment of how the offences are being investigated.
I will pick up on other points that I have not covered so far. My hon. Friend mentioned one particular incident, but she will of course understand that I cannot refer to ongoing cases.
I hope that I have misunderstood one of my hon. Friend’s points; it is not the case that an individual has to make 100 complaints to the police in every case before the police take action. As I understand it, the situation is that, often, 100 incidents occur before victims report matters to the police; I just want to be quite clear on that point. However, it is absolutely key that the police take matters seriously. To be honest, it has been a bit patchy in the past, and we have a challenge to drive up performance to the level of the best.
My hon. Friend is right to make the point that stalking, as well as being a reprehensible crime in itself, can be the precursor for something even more serious, such as physical attacks. Therefore, it is sensible, not just morally right, for the police to get ahead of cases early to identify those who may want to do something even more serious when they are banned from stalking.
I am confident that the important issue of malicious software being sent to gain control of a computer and access to a webcam will feature in the new information given to school children funded by the DFE. The capacity to use the internet maliciously is not well or widely understood, and it needs to be.
I think I have answered my hon. Friend’s point about funding. If there are any other issues about funding that she needs to follow through with me, I will be happy to do so subsequently.
To re-emphasise my point about online safety, guidance to digital safety is available online, and digital safety is included in the Home Office training package on stalking. Four sessions have been delivered to practitioners since February, and materials are available more widely.
I hope that I have gone some way to reassuring hon. Members that the coalition Government is absolutely clear that stalking, bullying, harassment and threatening behaviour are completely unacceptable. Regardless of whether such behaviour occurs online or offline, we are committed to putting an end to it. Online is a particular challenge, which we have grasped. All of us are on a learning curve, but we are determined to ensure that those responsible for such reprehensible behaviour are brought to justice.
If there are any outstanding points that hon. Members have raised but which I have not been able to deal with, I shall happily write to them with the information requested.