Gender Recognition Act 2004

Debate between Baroness Berridge and Baroness Grender

Monday 19th October 2020 Lords Chamber

[Baroness Berridge (Con)]

My Lords, the Government are keen to streamline this process and make it as kind and fair as possible. I hear the comments made by the noble Baroness regarding medical evidence; that is a matter for clinicians. But she is correct that we do not want an overly complex paper system to become an overly complex digital system, so part of this is ensuring that the process is simplified before it is digitised.

[Baroness Grender (LD) [V]]

Is the Minister aware that some local authorities have withdrawn trans-inclusive guidance to schools because of threats of judicial reviews? Does she agree that the safety and welfare of schoolchildren should never be used as a political football by campaigns, and is she concerned that some such campaigns do just that and do not declare their sources of support and funding?

[Baroness Berridge (Con)]

My Lords, the department has put out comprehensive resources for health education in primary schools and health and sex education at secondary schools, has resourced teachers, and had a commitment in the manifesto in relation to avoiding bullying. We hope that as a result of this consultation, both sides can live in peace with one another and disagree properly without undue recourse to the courts.

Educational Settings

Debate between Baroness Berridge and Baroness Grender

Thursday 19th March 2020 Lords Chamber

[Baroness Berridge]

I am grateful to the noble Baroness. I reiterate that this will be a fair and just situation for all students. It is good that we are aware of factors such as underpredictions; all these matters are being taken into consideration. At the moment, I am not able to give details on the building blocks, but I expect that tomorrow’s guidance will give the noble Baroness the answers she requires.

[Baroness Grender (LD)]

My Lords, I declare an interest as a chair of governors at an inner-city primary school. I want to share some of the questions that my head teacher seeks clarification on.

First, only in the last hour have we had a communication from a social worker who is now working from home; they are attached to a vulnerable child but will be unable to see them. They are therefore asking the school to be the lead player in this relationship, rather than them. If the Minister does not have answer on this, it would be very helpful to have clarification soon on who leads in such a relationship. Whether people are working from home, or vulnerable families are self-isolating at the moment, who is the key worker who owns that relationship? If it is the school, then by all means it is the school, but we lack clarity on that at the moment. We already have a specific problem there.

My second question is about those families who are not in the free school meals category but are in-work poor. What are we going to do about them? For instance, would the Minister allow a head teacher discretionary powers to determine which families should get additional support, rather than the statutory voucher version of free school meals? Where is the ability for a head teacher, who knows the community well and can identify the children they know will not have a decent meal during this period, to use their discretion?

[Baroness Berridge]

I am grateful to the noble Baroness. I invite all noble Lords to keep these specific questions coming. We want to hear about the issues on the ground. I will confirm to the noble Baroness who the key worker is when the social worker is at home. In relation to head teachers, we are in collaboration with local authorities and expect them to use their discretion as they know their communities best. I will have to come back to her to clarify whether all those costs are covered by the reimbursement of free school meals provision that the Secretary of State announced yesterday.

Criminal Justice and Courts Bill

Debate between Baroness Berridge and Baroness Grender

Monday 21st July 2014 Lords Chamber

[Baroness Berridge]

My Lords, I rise to speak to Amendment 40 in this group. It seeks to introduce a new criminal but also sexual offence of posting on the internet what has been outlined as revenge pornography. This is one of those rare situations where I do not advise noble Lords to go on to the internet to look first-hand at these sites; they are truly appalling. As my noble friend Lord Marks has outlined, this is a growing problem that affects mainly women, particularly when naked or sexually explicit pictures or videos of them have been posted on the internet without their consent. Obviously these images are put online almost exclusively by ex-partners, and there is generally an intention—which is why our clause is drafted as it is—to sexually humiliate the former partner. Often the contact details of the victim as well as sexually abusive or malicious comments are added when the image is posted.

There are dedicated websites that are easily accessible; this is not a niche problem. The UK Safer Internet Centre, which is working in this area, has stated that some 20 to 30 websites in the United Kingdom are hosting this type of material. Apparently it has become a consumer product on pay-per-view. Many of the websites attract huge volumes of traffic, and the more often an image is looked at, the more likely it is that when you Google search your own name, the first thing that will come up in connection with your name is these images that have been posted, which is particularly degrading.

These are pictures that the victim may regret were taken in the first place, but, as my noble friend outlined, there would have been every expectation that they were private and would not be viewed, sometimes within days, by thousands of people on the internet, including perhaps work colleagues and friends at the school gate. Of course, the impact can be devastating. Victims have described that they feel like they have become a porn star without their knowledge or consent. There are also devastating impacts on employment prospects as well as on personal reputation and career.

This is another situation where the law has not quite kept pace with the internet. I am grateful for my noble friend’s contribution to the drafting of the proposed new clause, which is based on the offence of voyeurism. I hope that the Minister will take all of these proposed clauses away in order to consider what would be the most appropriate formulation. However, we would submit that this should be classified as a sexual offence. Currently, these matters do not fall within the ambit of the Protection from Harassment Act 1997 because they are not a course of conduct. They are also not caught by the Obscene Publications Act 1959 because the images are not always classified as being obscene.

It is important not only to make this behaviour criminal, but for the police to know that it is a criminal act in order that they can take action at police level and against the internet service providers. Once this is an offence, they will have a mechanism by which to remove these images, because many victims are complaining that without such clarity, they find that although they make submissions to the internet service providers again and again, the images are not being removed from these websites. Of course, the longer they remain posted, the greater the damage that is done to the victims.

At this point I wish to pay tribute to the very brave women who have put their head above the parapet and have spoken out in order to bring attention to this issue. I mention in particular Laura Higgins and the work of organisations such as the UK Safer Internet Centre. I am also pleased that Women’s Aid, Welsh Women’s Aid and Scottish Women’s Aid all support the amendment tabled by myself and my noble friend Lady Morris. Although this matter was not raised in the other place, honourable Members including my right honourable friend Maria Miller hosted an adjournment debate in June to bring it to the attention of Members of Parliament.

At the moment, Amendment 40 does not include any reference to penalties, but I hope that my noble friend will consider the similar offence of voyeurism, which carries with it a sentence of imprisonment of up to two years. We believe that this offence should attract the same scale of penalty. It is only by showing our abhorrence of the sexual abuse of these people that they will be able to secure justice.

This type of behaviour is becoming an ever more pressing problem, and other countries such as the United States and Israel have had to bring forward legislation to catch it. I believe that we should take this opportunity and I am grateful that the Minister is in listening mode in relation to this matter. I hope that that we can come up with an acceptable formulation of what the offence should be in order to offer these victims some protection.

[Baroness Grender (LD)]

My Lords, I apologise for having been unable to attend Second Reading. I will speak in particular in favour of Amendments 37, 38 and 39. To hear people talk about revenge porn, you would think it had only just been invented, but the divorce in 1963 of the Duke and Duchess of Argyll involving the infamous image of a headless man tells a different story. The dramatic difference is that of course today we have the ability to reproduce a picture a thousand times without the permission of the individual concerned. I will focus on one aspect of this, which is the motive to hurt or humiliate the individual.

I do not believe that on the whole the motivation is sexual gratification, as outlined in Amendment 40. Perhaps I may put before the Committee three case studies that will help to illustrate this. The first is of a lady who was with her partner for two years. They planned to buy a home together so it was a trusting relationship, but after it broke down, her ex published photos of her and labelled her as a “whore” and a “slut”. He even set up an identity pretending to be her and invited humiliation and insults. When she went to the police they were unable to help, and the website refused to remove the images, in spite of regular requests.

The second example is that of a woman whose images were posted on a website called myex.com. The images spiralled from website to website gathering views, comments, abuse and humiliation. While some porn sites actually responded to the woman’s specific requests to remove the images, myex.com did not. She currently remains terrified of family and work colleagues seeing the images. We need to be conscious of the fact that men can also be victims, although most are women. I cite the case of a 29 year-old man who exchanged images having been sent fake images by his girlfriend. His ex has shared them, particularly with his work colleagues.

These cases are ones that involve not naïve teenagers—although obviously I believe that they should be protected as well—but people who have been in trusting relationships where the trust has broken down. What has been done is something that we should clearly define as a crime. These people are our sisters, brothers, daughters and sons, and what they need is protection against these vile acts that are committed without their consent. The inflicting of pain and humiliation is the only motive, and the individual who publishes such images should know that when they do it, they are committing a crime. I hope that the Minister will reflect that when he considers a possible amendment to the Bill.