Protection from Sex-based Harassment in Public Bill

Baroness Hussein-Ece Excerpts

2nd reading
Friday 16th June 2023 Lords Chamber

[Baroness Hussein-Ece (LD)]

My Lords, I thank the noble Lord, Lord Wolfson, for introducing this very welcome Private Member’s Bill. It is long overdue. I also welcome the fact that a man is introducing it and other men are speaking to it. I certainly do not feel like the token woman in this debate; I very much welcome support from all sides of the House.

Sexual harassment in public is something that most women and girls, and some men, will experience. Unwanted attention, sexual advances and intimidating behaviour in public spaces and on public transport are a fact of life, sadly, for many women and girls. I was reflecting on this and remembering my mother telling me about numerous occasions on which she was harassed when she came to this country as a 20 year-old and about the impact that that had on her confidence and her ability to go out and about on her business independently, without having to rely on male relatives.

I personally experienced that frequently when I was at school, as many girls did. I remember that, when I was in the sixth form, that culminated, while I was coming out of the school gates with some friends, in a man exposing himself to us. In that instance, the school called the police and, thankfully, he was apprehended, but I think we are all aware that the impact of that is quite devastating for many young girls.

I have had men shout out lewd and aggressive comments and, if they are ignored, as many of us try to do, they sometimes become even more aggressive and even obscene. I have been tailgated while driving and followed. Like many women, I have learned to change my behaviour to feel safe. Just a few weeks ago on the Tube, I witnessed a couple of young men making loud and lewd comments to a young woman about her appearance, and I am sure that she got off the tube just to get away from them.

The majority of women will have their own personal experiences; that is a sad reality of life. I have two daughters, who have also been subjected to this type of behaviour from a very young age, and I have seen the impact it has had on them. So I welcome the aim of the Bill to make it unacceptable to harass someone on the grounds of sex. Importantly, it sets out for the first time that it is not simply a woman’s or a girl’s responsibility to avoid these situations—it is society’s job to stop individuals behaving like this. I agree with the noble Lord that we need cultural change; that will not happen overnight, but at least the Bill will put a building block in place that will enable some of that change. I believe that is slowly happening with the younger generation. My young son and his friends talk about how they have witnessed this and find it unacceptable, and they have intervened when they see young girls being harassed by men.

Plan International UK research found that three-quarters of girls and young women aged 12 to 21 have experienced a form of sexual harassment in a public space in their lifetimes, and the shocking figure of 62% will often avoid activities such as going out, socialising or going to the gym because they are worried about experiencing public sexual harassment.

My concern, shared by organisations that have been campaigning on these issues, is that in its current form it could fall short of delivering on its potential. I will highlight two main reasons. First, public offences are normally based on the concept of intent—whether someone intended to harass someone else—and they may well give the defence that, “I just thought my behaviour was reasonable”. The bar for proving a perpetrator’s intention is currently set too high. Will a perpetrator get away with sexual harassing people in public by claiming that it was just a joke or a compliment, or that they do not know how to take a compliment? The Bill does not explicitly define public sexual harassment, leaving such behaviour up to interpretation. We know that misogyny plays a big role but, until it is clearly defined, it will be all too easy to dismiss as mere banter.

My final point is that, in welcoming the guidance, I hope it will be widely shared with places such as schools, colleges and universities, where this is a particularly endemic problem. That will serve to ensure that women and girls feel empowered to make formal complaints and to educate boys and men on what is acceptable behaviour.