Friday 23rd November 2018
(5 years, 5 months ago)
Commons ChamberStalking Protection Act 2019 View all Stalking Protection Act 2019 Debates Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 23 November 2018 - (23 Nov 2018)
James Cartlidge
It is a pleasure to follow my hon. Friend the Member for Torbay (Kevin Foster). He said that the House probably did not want to hear more, but he does himself a disservice. I was certainly left wanting more, and I look forward to hearing him speak on other matters, possibly later today. I pay tribute to my hon. Friend the Member for Totnes (Dr Wollaston) for introducing this important Bill. As a child I remember being a great fan of the Sherlock Holmes series with Jeremy Brett, and the episode that scared me the most was “The Solitary Cyclist”—
The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)
indicated assent.
James Cartlidge
The Minister clearly shares that recollection. As a child I found the concept of a lone female on a bicycle being followed at distance by someone else on a bicycle absolutely terrifying. That was a drama, and without giving a spoiler to anyone who does not know the story, the gentleman was not quite as nefarious as perhaps the lady had feared at the start, but in summarising the sense of fear produced by stalking, that story left an indelible mark.
I wish to refer to a specific constituency case regarding this Bill, but I will keep it for Third Reading when I hope to catch your eye, Mr Speaker, because it is more a point of principle. It is a matter that I have previously discussed with the Minister, and I think it may well be raised in another place, perhaps by Lord Deben or the newly ennobled Lord Garnier. The point is incredibly important to me personally and to my constituency, so I shall keep it for Third Reading.
Like my hon. Friend the Member for Torbay I welcome amendment 1 on the Ministry of Defence police and the British Transport police, and I shall focus my remarks on that. South Suffolk contains the village of Wattisham. Strictly speaking the Wattisham Army airbase is in the constituency of my hon. Friend the Member for Bury St Edmunds (Jo Churchill), but many service people reside in my constituency. They live either on the base or in the nearby town of Hadleigh.
To underline the importance of that base, at the Remembrance Sunday service in Hadleigh the entire regiment and town come out, and we have a fly-past by Apache helicopters. I do not know what the probability is or what the statistics are on stalking occurring in those residential homes, either within the base or for service personnel who live in towns, but I agree with my hon. Friend the Member for Torbay that there is every reason to extend these powers to those officers because stalking could occur. Stalking is not confined to any part of society—it embraces all of society, including my constituents, and it affects men and women as both victims and perpetrators.
The British Transport police are often undervalued, but they perform a fantastic job protecting the transport network. My hon. Friend the Member for Torbay referred to being on the tube at twenty to nine in the morning, and being uncomfortably and involuntarily close to people and their armpits—[Interruption.] I am sure you have experienced it too, Mr Speaker, and that is the nature of the tube at busy times. It can be quite unpleasant, but we grin and bear it so to speak. The point is that someone could be on that tube following, pursuing or stalking someone. I do not necessarily understand exactly when the order could be placed, and whether it would be done by the normal constabulary in respect of the person being stalked and their home address, or whether the British Transport police would have specific responsibility for doing that. I will leave that to finer legal minds than mine, but the logic of extending those powers seems straightforward, and I am happy to support the amendment.
Mike Wood (Dudley South) (Con)
It is a pleasure and privilege to speak on Report. I, too, congratulate my hon. Friend the Member for Totnes (Dr Wollaston) on promoting such an important Bill. I steered a private Member’s Bill through this place in my first year as a Member, so I know the many demands that can suddenly appear in the inbox and arrive down the telephone line the moment one is drawn in the ballot, as there are any number of competing calls from non-governmental organisations and campaign groups. I can think of very few issues that are more worthy to pursue than the one that my hon. Friend has chosen.
It was a particular privilege to serve on the Bill Committee with my hon. Friend and to hear some of the examples from Members on both sides of the House. The core purpose of the Bill is to fill gaps in existing legislation and to ensure that our laws keep up with the changing pattern of stalking offences and developments in our understanding of them. It is a testament to the skill with which my hon. Friend has steered the Bill that it received overwhelming support from both sides of the House and that our proceedings in Committee were so straightforward. There was strong support for both the principle and the detail. She has rightly continued to work to ensure that every t is crossed and every i is dotted so that the Bill can fulfil its potential.
I join my hon. Friend the Member for Mid Worcestershire (Nigel Huddleston) in speaking very briefly to the amendments, which will make this very good Bill even better. I think that most Members will welcome amendments 1, 2 and 6 as common-sense clarifications. We would expect most applications for protection orders to involve police forces that cover geographical areas in England and Wales, but it would clearly be undesirable to allow specific cases to fall between the gaps purely because the jurisdiction they occurred under was covered by the British Transport police or the military police. As my hon. Friend the Member for Torbay (Kevin Foster) suggested, the Civil Nuclear constabulary would be a sensible addition to those bodies, should the opportunity arise at a later stage of the Bill’s passage. Those three amendments clarify that the orders are not confined purely to what we might think of as police forces, but cover all parts of our police service.
As my hon. Friend the Member for Mid Worcestershire pointed out, when one of the core provisions of the orders is notification requirements, it is very important that those notification requirements are sensible and comprehensive. It would be frankly absurd to preclude people covered by the orders from being able to notify the appropriate authorities before they changed their name or address, but the Bill as originally drafted could easily have been interpreted as saying that the sole period within which people could make notifications was during the three days immediately after the changes came into effect. In tabling her amendments, my hon. Friend the Member for Totnes has provided clarification and brought forward what most Members would see as common-sense provisions. Similarly, there is further clarification on people without a home address—particularly those of no fixed abode—and clearly, it would not fit the purpose of the Bill if orders could not apply to people in such circumstances.
I think that this is an extremely important and welcome Bill, and the amendments will make it even better. I hope to catch your eye on Third Reading, Madam Deputy Speaker, to speak about the Bill more generally.
Victoria Atkins
May I say what a pleasure it is to support the Bill and these amendments today? The whole House thanks my hon. Friend the Member for Totnes (Dr Wollaston) for her incredibly hard work on the Bill, helped by her members of staff. This has been a shining example of the House of Commons at its best: we have cross-party agreement; we know the direction of travel and the destination we want to get to; and we have had constructive criticism, questions and so on to help us to improve the Bill. In that spirit, I thank all Members who have contributed on Report.
If I may, I will reflect on my hon. Friend’s comments about Lady Astor being the first female MP. I have the pleasure of representing a seat for which the second female MP stood—we always remember the firsts for landmark events, but we tend not to remember the second. Margaret Wintringham represented the seat of Louth in 1921. She was the first ever British-born female MP—the second ever female MP—and she took a slightly different approach to campaigning than I or any of my colleagues, because she took a vow of silence during the campaign, which might commend itself to some of us in future.
In that spirit, I welcome these modest refinements to the Bill. Amendments 1, 2 and 6 will expand the list of chief officers who will be able to apply for the orders to the Ministry of Defence police and the British Transport police—we have heard from colleagues about the benefits that this could have—and they will be able to initiate related proceedings in connection with the variation and renewal of an order.
Kevin Foster
I thank the Minister for her detailed response and agree with her proposed approach. As I said, the reason why I raised the point was that the Ministry of Defence police focuses fundamentally on securing a base, but may react to incidents on the periphery of the base. It is about the police being part of the process, but I welcome her proposal.
Victoria Atkins
Indeed, and I note that my hon. Friend the Member for South Suffolk (James Cartlidge) raised a more general point about service personnel. The Bill already covers acts of stalking by forces personnel against civilians, and stalking offences apply to service personnel automatically by virtue of the Armed Forces Act 2006. However, I will look into the points that he raised.
Stalking occurs across a range of contexts with devastating consequences. It is therefore essential that the orders are available to different police forces, and I am delighted that the amendments will help us to achieve that. While I am speaking to clause 1, and I have notified my hon. Friend the Member for Totnes about this—who knows, it may be that my legal skills are causing me to examine the text too carefully—I want to commit to clarifying the terminology in the clause, which moves between “defendant” and “person”. I want to make it absolutely clear for the police, those who litigate on their behalf and magistrates how the Bill should be navigated, so I will provide clarity on the use of terminology in the other place.
Before I move on to amendments 3 and 4, I want to thank my hon. Friend the Member for Cheltenham (Alex Chalk) for his speech. I will be more loquacious about his contribution to this issue on Third Reading, but I note his point about the police updating their processes to include, for example, the use of apps to help to record instances of stalking. I will explore that with the police, because it seems to be a very valid point.
I am grateful for the observations from my hon. Friends the Members for South Suffolk and for Bexhill and Battle (Huw Merriman) on police resourcing. We make an economic impact assessment of the effects of any Bill, so one has of course been conducted for this Bill. I heard what they said about the police settlement, which they will both know is coming forward in December. We have managed this year to provide a further £460 million for policing, with the help of police and crime commissioners, but it is very important that we listen regarding any further support that can be given in pressing the case for dealing with the challenges of changing crime in the 21st century. The full economic impact is a reason why we have not placed a commencement date in the Bill. That point was raised by my hon. Friend the Member for Torbay, and I will deal with that at the end of my speech.
Amendments 3 and 4 will modify the notification requirements on a person subject to a stalking protection order. I am pleased that they have the approval of the House. Under the requirements as drafted, a perpetrator must notify the police of a change of name or address within three days of that change taking place. It enables the perpetrator to give such notice before the change takes effect. Amendment 5 caters for circumstances in which the subject of a stalking protection order does not have a home address, and mirrors the notification requirements relating to registered sex offenders.
My hon. Friend the Member for Torbay examined the issue of commencement dates. We propose to deal with that through regulations, and he will know that that is the usual way of enacting provisions in any Bill that receives Royal Assent. We have gone for the traditional or usual way of commencement because we are mindful that if the orders are to be used as effectively as all colleagues wish, there will be implications for the courts, legal aid, the Crown Prosecution Service, the Prison Service and the National Probation Service, as well as the police who will require training and who will make the applications. We want to allow a little time for that to bed in, and guidance will be issued as part of that.
Kevin Foster
I thank the Minister for the details that she is providing on commencement. Would she provide a rough timeline for the benefit of those following our proceedings? It makes eminent sense to give those organisations time to prepare, but I assume that we are talking about a matter of months, not years.
Victoria Atkins
Most certainly. My hon. Friend will understand that I cannot give precise dates, but it is certainly months. We want to get this on the statute book, and put it in force as soon as possible. We have a date for consideration in the other place early in the new year, and we want the measure to be put into force as soon as possible. May I thank all hon. Members, including my hon. Friends, for their contributions to this stage of scrutiny, and commend the amendments to the House?
Amendment 1 agreed to.
Clause 4
Variations, renewals and discharges
Amendment made: 2, page 3, line 24, leave out from “police” to the end of line 27 and insert “who applied for the stalking protection order and (if different) the chief officer of police for the area in which the defendant resides, if that area is in England or Wales.”— (Dr Wollaston.)
See the explanatory statement for amendment 1.
Clause 9
Notification requirements
Amendments made: 3, page 6, line 2, leave out “within” and insert “before the end of” .
This amendment would ensure a person can give notice that they are going to use a new name before doing so.
4, page 6, line 8, leave out “within” and insert “before the end of” —(Dr Wollaston.)
This amendment would ensure a person can give notice that they are going to change their home address before doing so
Clause 10
Method of notification and related matters
Amendment made: 5, page 6, line 30, leave out “whose home address is not” and insert “who does not have a home address” .—(Dr Wollaston.)
This amendment would cater for the possibility that a person might not have a home address
Clause 14
Interpretation
Amendment made: 6, page 8, line 9, at end insert—
““chief officer of police” means—
(a) the chief constable of a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);
(b) the Commissioner of Police of the Metropolis;
(c) the Commissioner of Police for the City of London;
(d) the chief constable of the British Transport Police;
(e) the chief constable of the Ministry of Defence Police;” —(Dr Wollaston.)
See the explanatory statement for amendment 1.
Third Reading
Chris Philp
The hon. Gentleman is absolutely right. There can be no excuses, based on cultural background or anything else, for the mistreatment of women in any way, whether that is stalking, forced marriage or female genital mutilation. All those things, and others, are abhorrent. No woman of any age or of any ethnic background should experience them, and categorically cultural background is no excuse; it does not make it okay.
Chris Philp
Members on both sides of the House— and I hear agreement coming from the Government Front Bench—should all make it clear that it is totally unacceptable. There can be no excuses, and there can be no tolerance for these kinds of offences on any grounds at all. I am at one with the sentiments of the hon. Member for Huddersfield (Mr Sheerman).
The hon. Gentleman also mentioned the prevalence of these offences. Indeed, there were 1,000 reported cases of stalking in London in 2017, and there may, of course, be many more that were not reported. There were a further 12,000 cases of harassment. This clearly is a wide-scale problem, and the police need to focus on it.
I am pleased to hear that the Metropolitan police—I am a London MP, so I pay particular attention to the Met—have recently set up a stalking unit, but that unit has only eight officers. Clearly, if there are 1,000 stalking offences being reported, eight officers strikes me as quite a small number. I encourage the Metropolitan police to consider increasing the size of its stalking unit, bearing in mind the scale of the problem.
This is an excellent and welcome Bill. Its provisions should in no way deter the police or the Crown Prosecution Service from pursuing prosecutions where they find evidence of criminal behaviour. This does not replace criminal sanctions; it is an additional tool that should be used at a very early stage in the pattern of behaviour.
Clause 12 provides for the Secretary of State to issue guidelines suggesting to the police how and when these powers might be exercised. It is important that the police are proactive in this area and that, when a victim comes to the police, they respond energetically and proactively. Those guidelines are important to making sure that police forces across the country actually use these powers. This worries me sometimes. We pass legislation in this Chamber on all kinds of topics, but legislation is impotent and ineffective unless it is used and implemented by the public bodies it empowers. In this example, it is critical that the police actually use this legislation when they are approached by victims, and the House should keep a close eye on it to make sure that, once this legislation becomes active, it is used by police forces across the country.
Victoria Atkins
I, too, congratulate my hon. Friend the Member for Totnes (Dr Wollaston) on successfully steering this important Bill through the House. May I also take this moment to pay tribute to my hon. Friends the Members for Cheltenham (Alex Chalk) and for Gloucester (Richard Graham), both of whom have done so much work over the past few years to ensure that those who are convicted of the terrible offence of stalking meet the justice they deserve? My thanks also go to Conservative colleagues, and to colleagues from across the House, many of whom speak to me quietly behind the scenes about cases that concern them and that their constituents have suffered. Those Members know who they are, and I thank each and every one of them for their help.
Stalking is a terrible crime that still affects literally millions of people and often makes their lives a misery. The title of last year’s inspection report, “Living in fear”, sums up well what it feels to be as a victim of stalking. I am proud of the actions that this Government and their predecessors have taken to reduce that fear, from the original Protection from Harassment Act 1997—we heard from the hon. Member for Huddersfield (Mr Sheerman) about the role he played in that—to introducing the specific stalking offences in 2012 and the funding we have given to the excellent national stalking helpline.
At this point, may I just thank my hon. Friend the Member for Walsall North (Eddie Hughes) for his speech, which was public service broadcasting at its best? He made the important point that there is help available, albeit we sometimes need to search for it, and that is something that I have very much taken away with me. That helpline has helped almost 14,000 callers since 2010, as the shadow Minister said, and 94% of those callers say that they feel better about their situation immediately after making contact with that helpline. There is clearly a need, and the helpline is playing a huge role in helping victims.
Other projects are going on across the country to deliver innovative solutions to tackle this terrible crime. The Metropolitan Police Service, in partnership with the Suzy Lamplugh Trust, has received more than £4 million from the police transformation fund for a multi-agency stalking interventions programme to share best practice and learning on developing interventions to tackle stalking. Northumbria has received more than £600,000 under the violence against women and girls service transformation fund for the Northumbria Building Capability project, which includes a specific project on cyber-stalking. Several projects to tackle stalking are funded through the tampon tax fund, including the Suzy Lamplugh Trust, which has received money to scale up its casework support service for women who are being stalked. My hon. Friend the Member for Walsall North mentioned Black Country Women’s Aid, which has received more than £200,000 to pilot the first specialist support service for victims of stalking across the Black country area and to conduct research on stalking.
Mr Sheerman
The hon. Member for Walsall North (Eddie Hughes), with whom I work on other campaigns, made a brilliant public service broadcast, but one thing he missed out was saying that when people are in trouble with stalking, MPs can help. MPs and our staff are very skilled at helping—we know about stuff—so please let us not underrate the job that MPs can do.
Victoria Atkins
I very much agree. Cross-party co-operation really can and must happen on such issues. The hon. Gentleman is absolutely right to say that Members of Parliament can do a great deal to help, and I thank him for his work on this topic.
A project called YOU Trust is another example of work to help to tackle stalking specifically. It provides a victim support service to women who experience stalking, risk assessing all cases and delivering solutions appropriate to that risk. We are working closely with the police, the Crown Prosecution Service and other partners to raise awareness of stalking and to ensure that appropriate guidance and training are in place. Colleagues have been right to express concerns about the initial response of some police forces—although not all, by any means. It is right that we focus on the training offered to the police and ensure that their conduct is examined in inspections. That is why the findings of last year’s joint inspection report are so important. They are being addressed through a national oversight group chaired by my right hon. Friend the Home Secretary, and the action includes revising the legal guidance on stalking and harassment and delivering updated mandatory training for prosecutors. [Interruption.] Sorry—would somebody like to intervene?
Mr Sheerman
May I apologise to the Minister? A very good friend and colleague, my hon. Friend the Member for Cardiff West (Kevin Brennan), was just passing and said, “You’re the first man to wear a roll-neck sweater in the Chamber.” It was a terrible diversion from the Minister’s good speech.
Victoria Atkins
I do not know quite how to respond to that, so I shall move on quickly.
The 2017-18 performance data indicated that joint police and CPS work to take forward more prosecutions for stalking rather than harassment, when that is the right course, had a positive impact. I listened carefully to the observations of my hon. Friend the Member for Croydon South (Chris Philp), who quite rightly made the point that stalking protection orders are in addition to the ability to prosecute, not instead of it. He asked about putting a definition of stalking into the Bill or the underlying 1997 Act. As he rightly said, there is a checklist of behaviours in that Act, but we are conscious that types of stalking behaviour can change. Indeed, in 1997, when that Act was passed, cyber-stalking was unheard of—it simply did not happen. Sadly, time has shown that nowadays it can and does happen. I hope that the list of examples helps not only my hon. Friend but practitioners on the ground to understand what can fall into the category of stalking behaviour.
I acknowledge the observations of my hon. Friends the Members for Ochil and South Perthshire (Luke Graham) and for Torbay (Kevin Foster), who both referred to the breadth of practices in stalking behaviour. Indeed, my hon. Friend the Member for Torbay mentioned specifically conduct against people’s political and religious beliefs, which was of course a very valid point.
At this point, may I also thank the hon. Member for Liverpool, Wavertree (Luciana Berger), who is no longer in the Chamber? I look forward to joining her on Monday in this place for a day of commemoration and solidarity against those who continue to behave disgracefully towards Jewish people and to give support to the Jewish community.
Bambos Charalambous (Enfield, Southgate) (Lab)
I just want to put it on record that there is cross-party support for this excellent Bill. I also congratulate the hon. Member for Totnes (Dr Wollaston) on introducing it.
The Minister mentioned behaviour. Surely one thing that we should be looking at is educating people about the behaviour that leads to stalking. Does she have any thoughts about what can be done to educate people to stop them stalking in the first place?
Victoria Atkins
Very much so, and I am grateful to the hon. Gentleman for his intervention. Again, I am happy to acknowledge the work, co-operation and collaboration on the Bill of Members across the House, for which I thank them. There are a number of projects, some of which I have already referred to, including in London with the Suzy Lamplugh Trust, to help to intervene with perpetrators as well as to support victims. I hope that one of the most exciting aspects of the Bill is the potential for positive as well as negative requirements under the orders, such as requiring the perpetrator to seek mental health treatment if that is appropriate. I hope that the orders will bring about innovative thinking that is very specific to the person against whom the order is applied to help them to tackle their behaviour so that they do not continue to offend.
We all acknowledge that there has been a gap in the system, as was revealed in the public consultation in 2016, particularly around how to bring security to victims in the early stages of so-called stranger stalking. Early intervention is always important when tackling crime, but it is fundamentally so in the case of stalking, when apparently innocuous behaviour can often escalate into something more sinister, as hon. Members have been very good at describing today. I am delighted that this Bill will plug that gap and provide additional security to victims.
These orders will be a vital tool that the police can use to protect victims and to control the behaviour of perpetrators. As has been noted, one of their greatest virtues is their flexibility, permitting positive and negative requirements that will help to stop perpetrators from behaving as they have been. Of course, the ultimate sanction is available through criminal sanctions should people breach the terms of these orders.
Stalking can have devastating effects for women and girls; indeed, it can for men and boys as well, but we know from the evidence that the vast majority of victims are female. This measure will, I hope, be passed by the House just two days before the International Day for the Elimination of Violence against Women, which is on Sunday.
The Government are carrying out a whole raft of work on tackling violence against women and girls, not least by refreshing the VAWG strategy alongside introducing the draft Domestic Abuse Bill, which I hope to bring to this House before not too long.
I must finish by thanking my hon. Friend the Member for Totnes for introducing the Bill, the officials who have advised me and who have worked so hard on the Bill, and hon. Members across the House for their help with the Bill, including those who served on the Bill Committee.
I finish by reflecting on the people whom this Bill seeks to protect: the victims of stalking and their families. My hon. Friends the Members for Totnes, for Harborough (Neil O'Brien), for Cheltenham and for Walsall North, as well as other Members, referred to families who have lost loved ones as a result of stalking. I have had the privilege of meeting Mr and Mrs Ruggles, Mr Gazzard and others during the passage of the Bill and through our work more generally on stalking and harassment in the Home Office. This Bill is for them. It is to protect their families, their friends, their work colleagues and so on, and it is about trying to ensure that the terrible, terrible cases of stalking that we have heard just a little about today do not happen in future, and that we keep the victims of stalking safe.