(2 weeks, 4 days ago)
Lords ChamberMy Lords, I begin by congratulating the Minister on an exceptionally comprehensive introduction to what is, by any measure, a wide-ranging and ambitious Bill. In the time available, I will confine my remarks to three aspects of the Bill: the Government’s manifesto commitment to extend aggravated offences to all strands of hate crime; the continuing discussions around the recording of non-crime hate incidents; and, in common with the noble Lord, Lord Hogan-Howe, as a London cyclist, I am very interested in the new provisions around cycling.
First, I welcome the Minister’s commitment, made on Report in the other place, to introduce a government amendment at Committee in this House to make all existing strands of hate crime aggravated offences. The framework for race and religion has made a real difference: it has given prosecutors the tools to reflect the gravity of hate-motivated crime, ensured higher sentences where hostility is proven and given victims confidence that the law recognises when they have experienced such an offence. These offences send a clear message about who we are as a society and what we are prepared to confront. For disabled people, the same clarity has never existed; hostility is too often treated as an afterthought, with incidents instead recorded as ordinary assault or public order without recognition of the prejudice behind them. Extending aggravated offences to disability would bring long overdue parity and show that hate in any form will be met with equal seriousness. For LGBT people, too, the gap in protection remains; while cases can be charged as hate-motivated, they still fall outside the aggravated framework. I hope that the Government’s amendment will close that gap once and for all. I look forward to working with Ministers on this.
I note the comments by the noble Lord, Lord Herbert, on the recommendations to stop non-crime hate incidents. I believe that seeing a spike in incidents can help police forces and, crucially, communities take action. For example, an increase in antisemitic incidents in an area can signal growing tensions. I accept the recommendations of the National College of Policing, but I am interested in how police forces and communities can still consider signals and measures of community cohesion and take proportionate and measurable action to prevent escalation.
Finally—perhaps the most controversial thing I will ever talk about in this Chamber—I welcome the provisions on cycling now included in the Bill. I cycle in London and I do something that sometimes feels rare: I stop at red lights, I indicate when turning and I wear a helmet. Anything that deters dangerous or careless cycling is to be welcomed, and it is time our laws reflected how we travel in our cities today. I must confess, however, that I enjoy an e-bike. Although I have no financial interest in Lime, it certainly has a financial interest in me. Reducing the maximum speed of hired e-bikes would be a simple way to make them safer. They simply go too fast, and they evoke an adolescent abandonment of safety and conscience in a way that I am totally ashamed of. Riders must behave responsibly, but providers also have a part—an easy part—to play in protecting everyone.
This Bill covers a great deal of ground, and the issues I have touched on all point to the same principle: the law must be fair, proportionate and responsive to the world as it really is, not how we wish it was. I look forward to working with the Minister and noble Lords across the House as the Bill progresses.
(3 years, 9 months ago)
Lords ChamberMy Lords, I too shall make a very brief intervention, in agreement with my noble friend Lady Stowell. I have some concerns that this is not the way to solve the problem of violence against women. I absolutely accept that misogyny does exist, I think women have good cause to be aggrieved about the increasing challenges we all face and the idea of misogyny as a hate crime certainly sounds attractive, but at a time when I have never known women angrier and more afraid, I think we have to ask whether this is really the right legislation to deal with our grievances. From my experience, women want better conviction rates for rape, better protection against domestic abuse and violence, and to be able to go for runs outside without fear of attack or even murder. With an average of two women murdered every week, that is what they want the police to focus on.
The Law Commission report says
“while we consider that there is a serious problem of crime that is connected to misogyny”—
I accept that too—
“we have concluded that the particular model of hate crime laws is unlikely to prove an effective response to misogynistic offending, and may prove more harmful than helpful, both to victims of violence against women and girls, and also to efforts to tackle hate crime more broadly. We suggest that reforms in other areas are more likely to result in tangible positive results.”
I agree, and I think there is a danger: we need to be careful what we wish for. There is every possibility that this kind of crime will get bogged down by bureaucracy and endless debate, none of which will improve the lives of women at all. The law of intended consequences may well be part of this. I just say to the noble Lord, Lord Carlile, that surely the example he gave is not correct, because transgender identity is already a protected characteristic. I was confused by that.
My Lords, I will not take up too much of the House’s time. I am a Covid baby—I have learned the culture of this House via screens—so I hope your Lordships will forgive me if I get the protocol incorrect, but I consider you all my noble friends. I am really struck by the amendment of the noble Baroness, Lady Newlove, and support it wholeheartedly because I have seen the benefit of hate crime legislation and the benefit of aggravated offences on the grounds of sexuality, disability and race. It is illogical to me that that is not extended to women when it exists for every other protected characteristic.
On a personal note, this issue of sex and gender is something that I have been researching for a very long time. I am the former CEO of Stonewall—since 2019 I have been free—but I have been thinking about these issues since 1998, when, as a student at St Hilda’s College, Oxford, we were debating whether transwomen should be allowed in that women-only college. So, I am slightly a 1980s baby, but have thought about these issues for a very long time.
I am often thought to be trans. I am not, but I am often thought to be. I do not have my tie on this evening because it is going to be a long night—and if, unlike the gentlemen, I have the option to drop it, I will—but when a woman has been told for most of her adult life to accessorise, she does get attracted to the tie racks in Liberty as an option for those accessories. I experience discrimination on the grounds of my gender, sometimes on the basis of my sex—because I am a woman and perceived to be a woman—but often on the grounds of my gender, my gender identity and my gender presentation. These things are complicated; they do not lend themselves to pithy statements.
I have huge sympathy with those who have very different views from mine on trans issues and I think there is probably more that we can talk about together than what divides us. We have become caricatures of ourselves by the medium of social media and I have a huge amount of respect for the noble Baroness, Lady Jenkin, and the work she has done around women in politics, but I know we disagree on this. I hope we can find ways to come together, but I think this amendment referring to sex and gender is wholly beneficial to women. I hope to support it, hope to see it taken back to the other place, and I thank the noble Lord, Lord Russell, for his support.