Unaccompanied Asylum-seeking Children

Stella Creasy Excerpts

Tuesday 24th January 2023 Commons Chamber

[Robert Jenrick]

My right hon. Friend is absolutely right. This is a symptom—a very serious and disturbing symptom—of the problem, which is the people-smuggling gangs luring tens of thousands of people, a significant proportion of whom are minors, across the channel. We have to do everything we can to deter those people and break the business model of the people smugglers. That is what we are determined to do, and that is the purpose of the legislation that we will bring forward very shortly. My right hon. Friend and others have only a short period to wait until we present it to the House. I hope it will have broad support, because if we do not address the problem, all the evidence suggests that in the years to come we will find it magnified, with tens of thousands of people, if not hundreds of thousands, attempting to make the crossing.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

The Minister says that safeguarding these children is a priority for him. He will know that since October last year, I have been asking to see the safeguarding requirements that he has placed on the private companies involved in running these hotels for both unaccompanied and accompanied children. I understand now why he was so reluctant to give that information: when I finally used a freedom of information request to get it, there was no mention at all of requiring these private companies, which are making millions of pounds running these places, to do anything about modern slavery or human trafficking—not one word.

Let us be clear. It does not matter whether these children are Albanian, Syrian, Pakistani or Iranian. It does not matter whether they are boys or girls. They are children. Will the right hon. Member now use his authority as the Minister responsible to require these companies to have a duty to prevent human trafficking and modern slavery? Will he finally make sure that, for all the money they are making out of this, they do something to protect these children? It is on his watch that these children are going missing, and it was on his watch that he missed out that requirement from the contract.

[Robert Jenrick]

The hon. Lady and I have met to discuss the issue on a number of occasions. We take this very seriously. We have asked all our providers, of course, to take their responsibilities for safeguarding seriously. We have a safeguarding hub in the Home Office and we work closely with the local authorities, which also have a duty to support people in their care.

The hotels that we are discussing today are not run by private providers. There are providers that support us in terms of security arrangements, but these hotels are run by the Home Office, so the hon. Lady is not correct to say that they are run by external providers. But that does not change the reality that, as I have said on a number of occasions, we should take the care of these minors as seriously as we would take that of our own children. I hope that I have given her the assurance that we do.

Migration and Economic Development

Stella Creasy Excerpts

Monday 19th December 2022 Commons Chamber

[Suella Braverman]

My hon. Friend is absolutely right. People should not be making this journey, they should not be crossing through other safe countries and they should not be choosing to come to the United Kingdom via those means. The sooner we are able to deliver a policy that reflects that, the better.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

The courts have been very clear: it is wrong to have a blanket approach to the treatment of refugees, just as it would be wrong to decide that everybody caught speeding could never drive again. What matters is treating each case on its merits. We have seen already how poorly the Government treat refugee children who are here. The Home Secretary talks about being honest, so let us finally have some honest, straight answers. For the avoidance of doubt, will the Home Secretary confirm whether she intends to deport children, or those who are looking after children and are here as refugees to Rwanda? Yes or no—will children be on those flights, Ministers?

[Suella Braverman]

We have been very clear that families are not subject to the Rwandan policy, but the broader point is this. The hon. Member’s reading of the judgment is different from mine. There has been an extensive and exhaustive analysis of the legal claims brought against the Government, and the Court has been pretty emphatic on the legality of the policy. It concluded that the scheme is compliant with our ECHR and refugee obligations.

Protection from Sex-based Harassment in Public Bill

Stella Creasy Excerpts

2nd reading
Friday 9th December 2022 Commons Chamber

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I congratulate the right hon. Member for Tunbridge Wells (Greg Clark) on introducing the Bill. It reflects not a recent concern, but years and generations of campaigners and women speaking out about the most basic and fundamental thing: freedom. At its heart, the Bill is about our freedom as women to lead the same lives as men in where we go and what we do.

I will start by adding to the list of organisations and campaigners that we acknowledge and recognise for their work on this issue. They include Our Streets Now, Plan International UK, Citizens UK, the Fawcett Society, Stonewall, Tell MAMA, Nottingham Women’s Centre, Dimensions, René Cassin, Refuge, Hope not Hate, Sister Supporter, the Jo Cox Foundation, the Young Women’s Trust, Safe & The City, Nottingham Trent University and the University of Nottingham. I also pay tribute to the work done in the other place by Lord Russell and Baroness Newlove.

The right hon. Member for Tunbridge Wells talked about his shock that women in Tunbridge Wells felt unsafe walking their streets. Every woman in this Chamber was not surprised by the picture that he painted. It is the culture we grow up in, and we should start by recognising and naming that culture: misogyny. This is about the sense that 51% of the population do not have the same rights and freedoms to move around and to be seen as others do.

It is fantastic that the Bill learns lessons from what we know from the police about how to recognise that and how it drives crime, and I will root my support for the Bill in that. I hope that the Government will support this move because it reflects Government consultation, and I will make suggestions about how we can further develop the Bill so that it truly is the landmark Bill that it can be. Twelve police forces out of 44 are now united with those campaigners and the people who the right hon. Member talked about in recognising that women are disproportionately subject to harassment.

I say to the hon. Member for Bosworth (Dr Evans): this is not about dark streets. This is one of the few crimes where we always challenge the victim. We query them: “What were you wearing? Where were you going? Did you have your headphones on? Were you carrying your keys? Were you sensible?” We tell young women that it is their responsibility to protect themselves, in a way that we would never do with any other crime. We hold education sessions, which we would not do for burglary. Yet somehow, when it comes to the basic freedom of women and girls to go about their daily business, we ask them to be responsible, rather than holding those who seek to abuse that freedom accountable.

I often hear—from men, I am afraid—this idea of them having had a “revelation” that safety should be an important thing. I hear some men—indeed, men in positions of serious importance—talk about how being a father of girls has opened their eyes to the need to tackle these issues. I like to call that the Jay-Z defence, because he said the same thing about having a girl while being married to Beyoncé. This kind of legislation is not just about daughters. It is about wives, sisters, aunts, grandmothers, friends, neighbours and co-workers. Women are everywhere, but we do not get to go everywhere without being frightened—without that daily experience of thinking, “What route should I take? Should I put my keys in my hand? Should I be frightened about going down this street? It’s a cold night now, so maybe I won’t go out in the dark.” It is not the dark that is the problem; it is the people. That is what we need to tackle and that is what the Bill does.

According to data from the Office for National Statistics, every single day 24,000 women in this country experience public harassment, with those from minority communities much more likely to be affected. Frankly, I will stop campaigning for misogyny to be recognised as a driver of crime when I go to a wedding and the bride gets up and says, “Well, he followed me down a dark street, demanding to touch my breasts, and I thought it was the most romantic thing I’d ever heard. I had to stop and get in his van.” It does not happen. Yet millions of women have a story like that—a story about the fear and the impact it had on their lives.

No other crime is so prevalent that it is shrugged off as a fact of life, yet the harassment of woman has been for too long. Why is that? It is because when women come forward to report, often they get asked whether they did something to generate that experience. Often, the experience women then have is that they are told—I am sorry to say that this goes for both the police and the Crown Prosecution Service—that it is too difficult to find the person or that it was perhaps a misunderstanding.

I want to be very clear in supporting the Bill: this is not about bad manners between men and women. We are talking about crimes and offences. When we started campaigning for misogyny to be recognised as part of hate crime, we were told we were somehow criminalising wolf-whistling. One of the things I find really powerful is that people have now finally recognised that any form of harassment or unwanted attention in the streets is not endearing. It enables a culture in which it is acceptable to target women. That is what we have to change.

[Catherine West (Hornsey and Wood Green) (Lab)]

I thank my hon. Friend for giving way and for her excellent campaigning in this area, and I thank the right hon. Member for Tunbridge Wells (Greg Clark) for bringing forward the Bill in a joint, cross-party way. Does she agree that the Bill will only be successful if the enforcement of this important legislation is properly resourced?

[Stella Creasy]

I completely agree. Indeed, one of the frustrations that many of us have had through the years has been police sources in forces that do not adopt this approach saying that it is a resourcing issue. There is no other form of crime to which we say, “Look, there’s just so much of it that we’re not going to do anything about it.”

We know how serious these crimes are. We look at the histories of offenders involved in rape or serious sexual assault and we see the escalation process; because, oddly enough, the person who starts by following women down the street does not usually stop there. Tackling that is absolutely crucial to addressing these crimes. That is why I want to pay tribute to Sue Fish. Anybody who has spoken to Sue Fish, who started off by recording misogyny as hate crime in Nottingham, knows how powerful and transformative her approach has been in Nottingham, and there are now 12 police forces taking this approach. They have recognised how it is driving crime. One crucial aspect to this issue is change to the culture within the local police. Some 80% of women do not report crimes to the police, because they do not believe that the police will take them seriously. I have been in meetings where the police have said, “Well, the women have to come forward.” They do not recognise that they are not creating an environment in which women feel they will be taken seriously.

As an MP in London, I am dealing with a dramatic loss of confidence in the police because of institutional misogyny, institutional racism and homophobia. The differences seen in the police forces that have introduced this policy are one reason why I have been such a passionate champion of it and why I have challenged my local police to pick it up too. Misogyny is at the root of many crimes against women. This is not just about public harassment; it is about changing the culture in our police forces and, indeed, as the right hon. Member for Tunbridge Wells said, in our society. We have normalised the harassment of women and an environment in which it is acceptable to target women, and then we blame women for not taking the joke and not thinking that it is a fair game or that it is nice that somebody is attracted to them—it is never about attraction.

The 12 police forces currently recording where a crime is motivated by a victim’s sex or where their sex is a factor in it have clearly stated the benefits of that approach, and the Bill will underpin and enhance it. One of my frustrations is that, nearly two years ago, the Government agreed that police forces should record that data, but some forces are yet to implement that policy. Therefore, all the benefits of institutional change and reporting change that we have seen in Nottingham, North Yorkshire, Devon, Somerset and Gloucestershire have not yet been rolled out across the country. Residents in those communities are clear that the policy has increased police confidence and changed the way the police deal with serious sexual assault. Oddly enough, when forces have this policy, it is not wolf-whistling that people come forward to report, but rape, kidnapping and assault. People recognise that the police will not only believe them, but treat those things as the crimes they are.

I want to be very clear that, in some ways, we should not need this Bill, because it does not criminalise anything that is not already criminal. Nothing has been more frustrating for me, as the person who secured the Law Commission review into misogyny as hate crime, than hearing people ponder whether we should make street harassment, or public harassment, an offence—it already is. The point about the Bill is the uplift, and that is why this is such a powerful moment, because we are mimicking the idea of bringing misogyny into hate crime legislation. We can argue about and debate cut-outs, where the Law Commission got to and why it has taken so long to get here, but I really welcome the fact that we are here, and I hope the Bill will be the start of something much bigger. This will be the first time that every police force has had to record this data. Therefore, every police force will have to be trained in what it is looking for and how to recognise it.

That change matters, not least for those who are affected by these things. Right now, we ask women to pick a side of their identity in order for a crime to be recognised as targeting them. Particularly with women from minority communities, we have to ask, “Is it because you’re a Muslim? Is it because you’re gay? Is it because you’re disabled?” It may be all those things, but we are asking women to fit a box, rather than recognising all those things. That is why the Bill is so powerful and why it is so important that it is about public harassment, not sexual harassment.

A couple of years ago, somebody in my local community was targeting Muslim women and pulling off their hijabs. That was not just about Islamophobia; it was also about misogyny, because this person was not targeting Muslim men. The offences in the Bill would allow us to recognise that and to see the victims for who they are, rather than asking them to fit a box. The Bill also covers men, which is important, but I note the data from the police forces that are already putting this policy into practice, which show that 80% to 90% of the victims coming forward are women. The Bill will help us to start changing the culture.

[Dr Luke Evans]

I appreciate the point about data on men and women, and this is predominantly a women’s issue. However, we are also talking about culture, and men might not come forward because they perceive that no one will listen to them. This is about creating a culture where anyone who experiences this behaviour can come forward.

[Stella Creasy]

I agree that we want people to come forward, but it is also about time that we recognised—and, frankly, apologised to the women of this country for the fact—that it has taken us this long to see that they are disproportionately affected by street-based harassment and that it is curtailing their lives. I go back to my initial point: this is about our freedom. I would hope that nobody in this Chamber and nobody in the times to come will ever experience what I experienced as a woman growing up in that culture—I am middle-aged now—as I know every woman in the Chamber did. I would not wish this for the hon. Gentleman, but we have to recognise that challenge. So, absolutely, we want everyone to come forward, but it is about time women were heard on this issue, and therefore about time to recognise that women will particularly benefit from this Bill. That is a good thing, not something we have to have a qualm about.

If there is one thing I would want to encourage the right hon. Member for Tunbridge Wells on, it is how we can build on this legislation when, as we hope, the Government accept it. I note what he said about proving hatred, and I think there is a real challenge here. We live in a culture in which it has become so endemic to harass women that often we look at women and say, “Why are you reacting like that?” rather than saying to the other person, “Why are you doing this?”. Even worse, for several years the Met police have been running education sessions in my local community and somehow treating this as a matter of bad manners; it is as though if we talk to men nicely, they will not harass women any more. The time has come to recognise that most men do not harass women and therefore most men know that harassing behaviour is unacceptable. Where the Bill can be further improved is by learning from other parts of the law about the concept of “foreseeable” harassment incidents. So I give the right hon. Gentleman notice that if we do progress this legislation, I would like to see it learn from that concept.

What does “foreseeable” mean? It means that there would not be a defence of someone not realising that a woman would be offended when they were trying to grope her private parts, because most men do know that and it is about time we held men to account for the fact that they should know better. The concept of foreseeable harassment means that we would remove that defence of, “I did not realise that a woman would be offended if I did that.” That is particularly important when it comes to street-based harassment. In normal harassment cases there have to be several instances and a point at which the victim has said, “Stop!”, but with street-based harassment we need to tackle men who think they have a right to harass women and who should know better.

I note that the Minister said that the Government were looking at the concept of foreseeability as part of the consultation, so it would be helpful to understand from her whether that has progressed further. The one gap in the Bill relates to making sure that there is not a defence of, “I just thought she couldn’t take a joke”, because women have had to take those “jokes”—we have had to take those comments. We have had to be the ones carrying keys in our hands, not going out late at night, trying to find somebody else to travel with, and being told by that the police, “Oh, it’s about dark spots”, or, “I’ll tell you what, we’ll walk with you”. That has meant we have not had the freedom that we want for every woman of any age in this country to go where she wants, do what she wants, wear what she wants and be what she wants. I congratulate the right hon. Member for Tunbridge Wells, because this Bill and the recognition of misogyny as a driver of crime is a start of that process. We have a long way to go. I hope, like him, that in 20 years’ time “jokes” that we see on our television right now and people like Dapper Laughs will never be seen as acceptable ever again. I think this Bill can be part of that, and I look forward to seeing it go through Committee.

[The Parliamentary Under-Secretary of State for the Home Department (Miss Sarah Dines)]

I rise with some trepidation, as this is my first debate of this sort in this role, but what a pleasure it is to do so with what I hope will be cross-Chamber and cross-party agreement on this serious issue. I thank all right hon. and hon. Members for being here on a Friday to discuss this serious Bill. In particular, I thank and pay tribute to my right hon. Friend the Member for Tunbridge Wells (Greg Clark). Members who are here will have heard the real passion and conviction with which he presented his arguments in introducing the Bill. That interest has been inspired by not only his own deep-felt thoughts of what is right, but by hearing individual accounts from constituents, including women who are here today. I am grateful to him for his dedication. One thing I can say is that society is changing for the good in this space, and this Bill will make things better. Things such as intentional kerb-crawling are not going to be acceptable.

I also wish to thank the other Members who will be speaking today and the hon. Member for Walthamstow (Stella Creasy), who has already spoken. I know that many have campaigned compassionately and passionately for a long time to introduce this legislation, and I would mention Members who are not here but who have been working hard on this issue, such as the right hon. and learned Member for Camberwell and Peckham (Ms Harman). Of course, we will be hearing from many other Members shortly.

I pay tribute, too, to the many charities that have worked assiduously for change, such as Plan International UK and Our Streets Now. My ministerial predecessors and I have been in receipt of many letters from hon. Members on behalf of constituents who support the campaign. I know that the efforts of Our Streets Now, in particular, are inspired by the real world experiences of its two founders and of many other young women.

Public sexual harassment is a terrible crime and, as we all know, it is far too widespread. Recent Office for National Statistics data, based on a survey carried out in January, February and March this year, found that one in two women and, indeed, one in six men felt unsafe walking alone after dark in a quiet street near their home. It is important to state that this legislation is not in any way to be construed as being anti-men, anti-women or anti-anyone. This is pro safety and pro people. It is to protect people who might be targeted because of their sex. We know that, by and large, it is women, but it is also boys and men. This is to protect us all.

I am sure that colleagues from all parts of the House will agree when I say that the ONS data contains shocking findings. Public sexual harassment is not only harmful, but totally unacceptable. Why should a woman, or a young man, have to let their friends know which route they will take home and what time they intend to arrive? Why should a woman have to hold her keys in her fist? It is the most basic responsibility of Government to keep our public places safe. Everyone should be able to walk our streets without fear of violence or harassment. Women, and of course men too, should feel confident, safe and secure when they are out and about in our cities, towns and villages.

There has been much discussion generally about non-legislative actions. These matters are, clearly, of the utmost importance and they are being treated as such by the Government. I am really proud of the many actions that we have taken. For example, we have awarded £125 million through the safer streets and safety of women at night funds to help women and girls feel safer in public places and to make the streets safer for all, whether through additional patrols, extra lighting or more CCTV. I know that the figures and sums of money that we cite seem rather abstract, so let me bring them to life with one example. From the safety of women at night fund, we funded West Yorkshire Combined Authority to launch a train safety campaign to promote access to an online link with safety information for public transport users, such as bus tracking. This means that there is no longer a need for someone unnecessarily to stand at a bus stop alone waiting for a delayed bus. That is just one of many examples of how money can help in this area, rather than just giving a nod to what ought to be.

[Stella Creasy]

Anybody who lives in London and has to wait for buses that never seem to show up would welcome that, but it is also important to say that it is not the case that, if somebody was at a bus stop that did not have any lighting, or if they went somewhere that was still dark, they are somehow culpable for these crimes. The funding that the Minister has mentioned should be about making sure that everybody is safe. Women in particular should not face any challenge that they went somewhere that was not on the list of places where there was the lighting, for example.

[Miss Dines]

That is, of course, part of the change that we all want to see. As with most Government strategy now, we will be looking in the future at the perpetrators, not the victims. That is a move forward. Although the hon. Lady’s intervention re-echoes what she said a little earlier, I just want to remind the House that there are a number of great initiatives under way. Just yesterday, I had the opportunity to meet Deputy Chief Constable Maggie Blyth, who, as we know, is the national police lead for violence against women and girls. The Government has confirmed, with, I hope, the support of all parties in the House, that we are adding violence against women and girls to the strategic policing requirement. This is that huge shift from victims to perpetrators, which is only right.

Let me provide some other examples of where money is effectively and properly being targeted on these issues. Our safer streets tool is allowing people to pinpoint on a map places where they felt unsafe. This really helps. We all know how digital innovations can make things far easier and far more focused. More than 23,000 reports have been made using that tool. That is empirical evidence. We very much need to base our legislation on the evidence—not on window dressing or what is thought to work, but on what actually does work. This Government, with Opposition assistance, are moving in the right direction.

In addition to what we are instigating, the College of Policing and the CPS have published new guidance for officers and prosecutors on how to respond to reports of public sexual harassment. I know that Members are concerned about enforceability and getting convictions and the right evidence. We are doing that.

Finally for the moment, I ask everyone to look at the Enough campaign, which has been funded and stretched out over the past few months. This communications campaign is giving bystanders—because we are all in this together, and our focus should not just be on particular people experiencing alarm and distress—the confidence to safely intervene when they see harmful behaviour. It is empowering victims and getting to the root of the perpetrator’s behaviour. We all know that it can start young and then gain in momentum.

--- Later in debate ---

[Siobhan Baillie]

I completely agree with my right hon. Friend. That is why I get so frustrated when people dismiss this as unnecessary, going too far, or too heavy-handed. It is a very short hop, skip and jump from someone shouting obscenities or being rude to a woman on the street to being rude in their own home, if that is their mentality. We have to make that connection and we have to keep making it strongly.

When we had those rare horrendous incidents in Stroud, the advice that was immediately given was for women. They were told, “Change your behaviour. Change your clothes.” It was exactly as the hon. Member for Walthamstow (Stella Creasy) said. It was also, “Don’t wear your headphones. Think a little bit more about where you’re going to walk”. Where do I want to walk in a beautiful Cotswolds market town? I want to walk everywhere. I do not want my thought processes to be about whether I will get attacked on any given day.

But Stroud fought back. This is a very spirited place, very politically bouncy, as anyone who follows politics will know, and my inbox is very bouncy, too. Anybody who thought that they would get away with attacking women and girls or being rude to them on the streets in my area was very, very wrong. We have all banded together to make changes, which is why I am so much in support of what my right hon. Friend the Member for Tunbridge Wells is doing. Our voices are being reinforced, although it is not just about our voices: in all of our constituencies, we have Government support for a very important Bill.

I have led a successful campaign, which the Government have now supported, to change the law and reduce anonymous online abuse, which, as I said, is completely connected to the real world. Hundreds of people in Stroud have marched, on a number of occasions now, specifically on these issues. Our police and crime commissioner, Chris Nelson, and our police have joined those marches. That is a really important step. Our PCC has made tackling violence against women and girls a focus of his work. The hon. Member for Walthamstow was talking about police forces that were ahead of the curve; Gloucestershire is one of them and I am very proud of it for that, although the police have a lot more work to do. We held a public meeting about these issues, and even though we have been reporting hate crimes and public harassment for much longer than other forces, women were standing up saying that they still did not feel comfortable going to the police. There is an awful lot of work to do, and I know that the Gloucestershire constabulary understand that.

Two fabulous constituents, Nikki Owen and Sydney-Anne McAllister—I met Sydney quite recently—have launched a pressure group called This Ends Now. They want to change the law and the media, and they are challenging both to do better, particularly on language. Where there is a rape, it should be reported in the media as a rape, not as a sexual assault, and it should not be played down in any way, shape or form. I believe that committed women in my patch will be pleased to see what we are trying to do today.

I encourage all Members of the House to look up the work of the Holly Gazzard Trust, which was set up by a family who were devastated by the loss of their daughter. They have gone on to campaign on domestic abuse and to really change the lives of many other families, and they are front and centre in supporting and fighting for women and girls in Gloucestershire.

We also have Chrissie Lowery, who is winning awards all over the place. Following the rapes and other incidents I have mentioned, and the rise of concern among our school girls about public sexual harassment, she took up the baton and created the Safe Space campaign, which Stagecoach, the police and lots of local businesses are now on board with. After an incident in a very dark, dingy, scary tunnel, Chrissie took the initiative of getting some amazing artists together, and we painted the tunnel, which sounds very simple. My daughter and I went down, and we put butterflies on the wall of this horrendously dark tunnel; it is now a beautiful open space that people are comfortable going down during the day, and we are looking at having lighting and CCTV at night. These efforts are small acts of kindness, but they will all join up to make a difference.

Gloucestershire police have created something called the Flare app, which is being rolled out to other forces. It allows people to put in the details of places they are worried about in the Stroud district and creates a heat map, so the police know to go to specific points of concern and the council can come in and do work on things such as CCTV. It is really innovative, and we can probably do more with it, but 3,000 people have downloaded it, so it is going pretty well for a new piece of kit.

Given that my community and constituents have done so much legwork—there are more examples, but I will not go on and on—it is right that we in this place constantly review the law. Following the advice from bodies such as the Law Commission—where very learned people have spent a lot of time investigating this issue—my right hon. Friend’s Bill assists us in doing that. We are creating a new law that deals with intentionally harassing or seeking to cause alarm, which is a gap in the legislation that we have in this place, so I welcome the Bill.

However, it is right that there is a balance in what we are trying to do and in what happens should somebody be pulled up for sexual harassment, so I welcome the explanation of what will and will not result in imprisonment. The headlines and challenges that we have seen—that someone will be sent to prison because they wolf-whistled—are immediately dismissive. It is therefore right that we are clear about what the Bill does and does not do and about how we have sought to strike a balance. The test is the intention to cause distress. Where somebody is being a plonker, that is a very different test—we could deal with plonkers in other ways. This intention to cause distress is a serious test, which will hopefully lead to prosecutions in the right places and then to deterrence, so that we can start to change society and culture.

[Stella Creasy]

Does the hon. Lady also recognise the point I made earlier about adding the concept of “foreseeable”? The risk with intent is the young man who says, “I didn't realise that this would be harassment,” when everybody else would. When we look at intent, we have to be clear that it is foreseeable that some behaviour could cause distress; otherwise, we create a big loophole, and we will not make the progress we want to make.

[Siobhan Baillie]

I heard what the hon. Lady said earlier. It is not something that I have looked at, but I understand that there are already examples in legislation and I heard the challenge to the Minister to look carefully at this. It is important. We cannot create legislation in the knowledge that people are going to get let off the hook or that they will learn how to respond when pulled up by the police. That is why we have to be clear about the balance and about what the Bill does and does not do. We have to think through a range of different examples and about the responses that will be given by the perpetrators, so that the legislation is tight.

As the shadow Minister, the hon. Member for Stockton North (Alex Cunningham), made clear, we have to avoid demonising all men and boys. They are not all bad. They are not all plonkers. We know that men and boys are very much part of the solution. Early education in our schools is absolutely vital, but we cannot get away from the fact that the incidents are generally perpetrated by men. It is right to continue that debate and to also be really careful with our language about men and boys.

To conclude, the reality is that only 26% of those who experience public sexual harassment report the incident to the police, no matter how scared, harassed or intimidated they have been by it. We have also heard examples such as that robustly and passionately given by my right hon. Friend the Member for Romsey and Southampton North of the girl in the supermarket. That was a really visual story of the nonsense that girls and women have to go through every single day when they are not asking for it or wearing anything provocative but just trying to do their job. With such examples in our minds and this happening every single day of the week, of the month, of the year, we have to make changes.

I am relieved and really grateful that the next time I am in Stroud with Stroud High School girls or with the campaign group This Ends Now and other teams, or the next time I am on a march or dealing with these issues in front of a group of people in our town hall, I will be able to point to the Government backing this Bill as yet another example of the Government wanting to protect women and girls and being prepared to create the legislation to do so and bring our laws up to date.

--- Later in debate ---

[Chris Clarkson (Heywood and Middleton) (Con)]

It is a pleasure to follow my hon. Friend the Member for North Norfolk (Duncan Baker), and to take part in the debate.

I congratulate my right hon. Friend the Member for Tunbridge Wells (Greg Clark) on his Bill. I have the privilege of serving on his Select Committee, the Science and Technology Committee, and the Bill bears all the hallmarks of his forensic attention to detail and, indeed, fundamental decency. I also pay tribute to Safenet, Rochdale Women’s Welfare Association, Independent Choices Greater Manchester, and Superintendent Nicky Porter of Greater Manchester police, who is the VAWG lead for GMP and also my local superintendent. She does remarkable work, and I look forward to supporting her in that regard.

I was struck by something that the hon. Member for Walthamstow (Stella Creasy) said in her speech. We often talk about oppressed minorities in this place, but in this instance we are talking about an oppressed majority. She said something thoroughly depressing: “Women are everywhere, but we do not get to go everywhere without being frightened.” What an awful statement that is, and how awful it is to have to realise that that is the truth, the lived experience for the majority of people in the country. It is flabbergasting; it is horrendous.

Safety is not something we should ever be able to take for granted. Walking down the street at night, travelling to school, going to the gym—these are things that women and girls, and men and boys, should be able to do without fear. However, that is just not the case. It is not the lived reality. According to Plan International, 62% of women have avoided doing something routine because they have either experienced sexual harassment or feared it. That is a disgrace, and that is why the Bill is so important. By amending section 4A of the Public Order Act 1986, it will make public sexual harassment a sex-specific offence for the first time. Some have suggested that it might be simpler to add misogyny and misandry to the list of hate crimes. However, as my right hon. Friend the Member for Tunbridge Wells pointed out, we do not want to leave open a loophole enabling an abuser to simply say that the harassment was not motivated by hatred of a particular sex. While I agree that this is a good first step, I think we need to think about how, technically, we can make those offences work in law.

More important is the fact that the changes proposed in the Bill have not come out of the blue. I take the point made by my hon. Friend the Member for Thurrock (Jackie Doyle-Price) that the passive term “violence against women and girls” is not an appropriate moniker, and I hope we will start to change that language, but it was the Government’s VAWG strategy that highlighted the need to take public sexual harassment more seriously. The Law Commission then suggested that more attention should be paid to legislative changes. It was therefore good to see the Home Office launch its consultation over the summer to determine how best the law can protect individuals from public sexual harassment.

I say “individuals” because it is important that to remember that this behaviour does not just affect women and girls, and that men can also experience harassment based on their sex. As was pointed out by my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes), it disproportionately affects the LGBT+ community. I certainly do not wish to diminish the experience of the women who are in the Chamber today, but I myself have experienced a form of sexual harassment. I am a member of that community, and it is pervasive. Even if only one in six men fear it, I think we need to keep an eye on it.

I hope that the Bill will enable us to give more support to victims of public sexual harassment so they are able to identify instances of criminal behaviour, and to feel confident that once they have been reported, their cases will be dealt with properly. Only through greater clarity in the law can the public have confidence that intentional harassment based on sex will be dealt with swiftly and appropriately by the police.

[Stella Creasy]

The hon. Gentleman is making a powerful case about the importance of being specific, and I think we need to be clear about the fact that this is not about sexual harassment alone. It is about sex-based harassment, because these behaviours are about power—the power to demean and insult somebody, with that sense of entitlement. It must be made clear that, in the case any of the victims, this does not have to involve sexual words or behaviour to be sex-based harassment under the Bill. Whether it constitutes misogyny or misandry, it is unacceptable.

[Chris Clarkson]

The hon. Lady makes an extremely important point, and I absolutely agree with her; these behaviours are entirely about power, and therefore a sexual element is not always necessary in order for them to permeate. I am simply speaking to the use of the language. As I said, this Bill is a good starting point. We need to have a broader conversation about how we specifically make misogyny and misandry hate crimes, but obviously the technical implementation of that will take time. We need this legislation in place now, which is why I will be actively supporting it.

We have heard some powerful speeches today. People have said, “As a father”, “As a husband”, “As an uncle”, and so on, and those are laudable reasons to give. I am not a father, which will not surprise anybody. I am not married to a woman. I have female relatives, but that is not the reason I am supporting the Bill. I am supporting it because it is morally the right thing to do. It is completely unsustainable that the majority of the people in this country live in constant fear of injury, harassment and simply not being able to go about their lives as I can.

I have the privilege of being a white middle-aged man. I live in a society that was specifically designed by people who look like me for people like me; that is fantastic, I can breeze through life and 90% of the time I will not be affected by anything. I am a member of a particular protected characteristic, but perversely the law already protects me. I can be protected on the grounds of my sexuality but not on the grounds of my sex, which is not an appropriate way for the law to operate in this day and age. So I will be supporting the Bill because it is morally the right thing to do. It is the decent thing to do and, once again, I congratulate my right hon. Friend the Member for Tunbridge Wells on having the initiative to do this, because it has been far too long.

Hotel Asylum Accommodation: Local Authority Consultation

Stella Creasy Excerpts

Wednesday 23rd November 2022 Commons Chamber

[Robert Jenrick]

My hon. Friend is absolutely right. There is a global migration crisis, and the mass movement of individuals across the world, including in Europe, will be one of the big features of the 21st century. We are committed to working with our friends and neighbours, as we saw from the Prime Minister’s early success in securing a deal with President Macron. We would like to go further and will shortly convene the Calais group of—primarily—northern European nations to discuss what further steps we can take. If there are further ways that we can work with our partners to crack down on the pernicious people smugglers and criminal gangs, we absolutely will.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

It is nearly a week since I raised a point of order with you, Madam Deputy Speaker, about press reports over the private contractor charged with running a hotel for asylum seekers in my constituency. It had taken somebody who had been charged with the sexual assault of a child and then bailed, and it housed them in another hotel, from which they absconded. I asked for an urgent update from the Minister. I am pleased to hear that he has met with other MPs, but I have had no information about that.

The concerns about the safeguarding experience of private contractors are legion. The permanent secretary could not even tell MPs today whether there is a clear safeguarding policy that children should not be housed with strangers in these hotels. We are talking about children who are with their parents, so fostering is not a solution. Will the Minister finally publish the safeguarding requirements that are put in place for private contractors, so that we can hold them to account for their behaviour?

[Robert Jenrick]

I have been concerned by the reports that the hon. Lady raised and have asked my officials to investigate them. I would be happy to discuss them with her, if that would be useful. The most important thing is to ensure that hotels are run in a sensible and decent manner. If we are dealing with such large numbers of individuals, unfortunately, incidents will occasionally happen. That does not excuse them. They are completely unacceptable, and we need to ensure that the police vigorously investigate them when they arise.

National Security Bill

Stella Creasy Excerpts

Report stage
Wednesday 16th November 2022 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the new Chairs of the Education Committee and Transport Committee for their points of order. I am sure that everyone in the House will have appreciated their kind words, not least those about the other candidates in the elections. I congratulate both hon. Gentlemen. I am sure they will have an enjoyable and interesting time carrying out the very important job of scrutinising the Departments, which I know everyone in the House appreciates—Ministers particularly appreciate that work. Many congratulations, and thank you also for your kind words about the staff of the House and their facilitation of the elections.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

On a point of order, Madam Deputy Speaker. I wonder whether you might be able to advise me on a slightly more sombre subject. In a question earlier today, the Immigration Minister responded to a concern raised by the hon. Member for Buckingham (Greg Smith)—I have been trying to find him to say that I was going to raise this issue—regarding the absconsion of a gentleman who it subsequently transpires from press reports has been accused of a very serious assault of a young refugee child in my constituency. The Minister said he would investigate the matter and come back to the hon. Member. Can you advise me, Madam Deputy Speaker, on how I can ensure that, given that the matter took place in my constituency—we were not aware at the time—I get an update on the issue as well?

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

Further to that point of order, Madam Deputy Speaker. The reports of the case are very serious and raise some questions about how the Home Office has handled this case. We do not know the full circumstances at the moment, but could you use your good offices to ensure that the Immigration Minister updates us and fully investigates this case?

Oral Answers to Questions

Stella Creasy Excerpts

Monday 14th November 2022 Commons Chamber

[Suella Braverman]

I thank my hon. Friend for raising this issue. We have experienced unprecedented pressure on the system recently, and responding to it has been challenging for our operational partners. We have a statutory duty to provide destitute asylum seekers with accommodation. We do inform local partners of our actions, but despite our ambitions to do that expeditiously, owing to the recent incredible pressure on the system we have sometimes fallen short. I understand that a direct communication has been sent to my hon. Friend, but I can say to him now that we want to improve our engagement to ensure that there is much better understanding and much better support for local communities that are affected.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

We now know of at least four sexual assaults on children who have been left in these hotels for months because of the backlog. In a meeting with MPs last week, the Home Secretary’s officials committed themselves to providing details of the safeguarding requirements for private contractors if Ministers gave them permission. If the Home Secretary is so confident that she is doing everything she can to fulfil the duty of care for these vulnerable children, will she give that permission and will she publish those details?

[Suella Braverman]

I have been very straight in saying that our asylum system does need improvement. The Immigration Minister and I are working intensively and improving our processes, and the duties to those in our care and how they are discharged, whether those concerned are adults or children, or other vulnerable people. There has been unprecedented pressure on the system, but we are working apace to procure alternative accommodation, and have been doing so for several months. As I have said, we are working intensively, and we hope to secure everyone’s support in that effort.

Asylum Seekers Accommodation and Safeguarding

Stella Creasy Excerpts

Monday 7th November 2022 Commons Chamber

[Robert Jenrick]

My hon. Friend is right that in sourcing accommodation for migrants, we should be guided both by our common desire for decency, because those are our values, and by hard-headed common sense. It is not right that migrants are put up in three or four-star hotels at exorbitant cost to the United Kingdom taxpayer, or that migrants who come here illegally are given preference of any sort over British citizens. That is the kind of approach that we will take going forward.

We will now work closely with our allies in France to ensure that more crossings are stopped in northern France. The Prime Minister will speak with President Macron this week while they are in Egypt, and we hope to take forward that partnership productively and constructively in the months ahead.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

The second half of this urgent question was explicitly about the safeguarding of accompanied minors in the hotels. That matters because there are thousands of children—verified children—in those hotels. Last week, we learned that two of them—one a child under the age of 13—were sexually assaulted in a hotel in Walthamstow, and more cases of sexual assaults on children in these hotels have since come to light. We are all clear that those who committed those crimes must be held responsible. We all have duties to those children, just as we have to any other child under state protection.

When I asked the Home Secretary about this, she made a cheap jibe about hotels. The Minister did not even mention those children in his response. He has not yet given us a straight answer. Surely all of us in the House will be concerned about the sexual assault of children of any background. Will the Minister publish the details of all these cases, including how many incidents of violence or sexual assault against children in these hotels have occurred in the past year, what action has been taken, and crucially, what safeguarding the private companies that run these hotels must undertake? If he will not publish those details, that tells us what he thinks about those children and the responsibility that we all have to them.

[Robert Jenrick]

It is a pity the hon. Lady takes that approach because I take my responsibilities to children, whether accompanied or otherwise, very seriously. We have put in place a wide range of support mechanisms. I mentioned earlier the work we are doing for unaccompanied children. The hotels, most of which are in Kent, have extremely sophisticated support. It is costing the taxpayer up to £500 a night for that accommodation, which gives her a sense of the degree of the support we are making available. The best thing she could do is to support her local authority and encourage others to take more unaccompanied children and families into good-quality local authority accommodation, or to find them foster care in the community. That is the task because we need to disperse these individuals as fast as we can across the country. She may shake her head, but I am afraid that suggests she does not understand that the way to resolve this issue is to help the children out of hotels and into the community as fast as we can.

Western Jet Foil and Manston Asylum Processing Centres

Stella Creasy Excerpts

Monday 31st October 2022 Commons Chamber

[Suella Braverman]

My right hon. Friend speaks a lot of sense, as always, and he is right; the British people have had enough of an out-of-control borders system. It is incumbent upon this Government to address that, and I know for a fact that this Prime Minister takes the problem extremely seriously, and I know he will leave no stone unturned until it is fixed.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

There is nothing patriotic about making children suffer, but that is exactly what is happening as a direct result of this Home Secretary’s failure to get to grips with processing asylum. She talks as if the hotels are somehow a better option. In my constituency there is one with 150 children squeezed alongside another 350 adults, seven or eight to a room—no notice to the local authority that they would be placed there; no cooking facilities; no school places for these primary school-aged children; no clothes for most of them, especially for the winter weather; no play facilities, if they are allowed out at all from these prisons; no safeguarding as far as any of us can see. If the Home Secretary is so confident that that is meeting her duty of care on behalf of the country, will she publish the contract requirements for how children are housed in hotels and the precise details of the services that they should expect and which we should be proud of as a country dealing with those seeking asylum?

[Suella Braverman]

We are currently accommodating unaccompanied asylum-seeking children in hotels with a maximum occupancy of 353, and additional available accommodation is coming on stream. I would say to the hon. Lady that it is a fallacy to suggest that we are somehow cutting corners. When I arrived at the Home Office, I was frankly dismayed and appalled to find that we are spending, on average, £150 per person per night—by my standard, that is quite a nice hotel—to accommodate people in hotels. On my review and closer scrutiny of how that decision making was taking place, I identified several four-star hotels around the country that were being procured for the purpose. That, for me, is not an acceptable use of taxpayers’ money.

Public Order Bill

Stella Creasy Excerpts

Report stage
Tuesday 18th October 2022 Commons Chamber

[Jeremy Quin]

I thank hon. Members who have joined us for this important debate today and I look forward to the lively discussion that we are bound to have over the course of the afternoon. Although there will inevitably be differences of opinion, which I will come on to, I hope we can all agree on the fundamental point that should be underpinning this discussion—namely, that it is completely unacceptable for a selfish minority to wreak havoc on the lives of people going about their daily business. I would like to open the debate by speaking to the amendments in the Government’s name, and I will respond to other amendments in my closing remarks.

I will also touch on new clause 11, which covers abortion clinic buffer zones. We totally endorse the sentiment behind the new clause, but I look forward to setting out in my summing up why measures in existing legislation combined with the growing use of public space protection orders—PSPOs—can be used and are effective.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

rose—

[Jeremy Quin]

I think the hon. Lady will want to hear me out.

We recognise that this is a matter closely associated with issue of abortion, on which people have very strong views across the House. Therefore, as far as we are concerned, there will be a free vote on new clause 11. Members will hear the debate, and I will set out why the current legislation is proportionate and how PSPOs are increasingly being used and are increasingly effective, but this is a matter on which hon. Members will make their own judgment.

Before going further into the debate, it might be helpful if I briefly recap what the Bill does and does not do. This Bill does not criminalise the right to protest, as some hon. Members have said. The right to protest is a fundamental principle of our democracy, and that will never change. Any suggestion that we are intent on interfering with or watering down the right to protest peacefully is simply wrong.

What the Bill does is target acts that cause serious disruption, such as those that wreak havoc on our roads, disrupt thousands of journeys, cost the taxpayer millions and put lives in danger. It does this by giving the police the enhanced powers they need to respond to such disruption and better balance the rights of protesters with the right of the public to go about their daily lives.

I will now speak to Government new clauses 7 and 8, Government new schedule 1 and Government amendment 50. Some of the protest tactics we have seen in recent months have had significant consequences for the public. Protests such as those by Insulate Britain and Just Stop Oil have targeted fuel supply chains and created blockades. Indeed, hon. Members will be familiar with recent images of ambulances, fire services and cars carrying babies to hospital being blocked by the selfish actions of protesters in the name of Just Stop Oil. These tactics are not only seriously disruptive but dangerous.

We have heard the Opposition’s calls to ensure that injunctions are in place to prevent serious disruption, including through new clause 4 tabled by the hon. Member for Croydon Central (Sarah Jones). It is a pleasure to see her in her place, and I look forward to working with her across this Dispatch Box.

We have seen how effective injunctions can be, and we believe we can build on the current position in which only private persons and local authorities can pursue this legal remedy through the courts. That is why the Government tabled new clauses 7 and 8, new schedule 1 and amendment 50 to provide the Secretary of State with a specific mechanism to apply for an injunction where it is in the public interest to do so because the activity causes serious disruption to key national infrastructure, prevents access to essential goods or services, or has a serious adverse impact on the public. This will be accompanied by a power of arrest to support swifter enforcement action. This does not affect the right of local authorities or private landowners to apply for an injunction, but it gives the Secretary of State an additional way to act in the public interest where the potential impact is serious and widespread.

These measures will support better co-ordination between the Government, law enforcement, local authorities and private landowners in responding to serious disruptive behaviour. We know injunctions can play a major role in helping to constrain some of the tactics deployed and, as a result, can limit serious disruption. Although I understand the sentiment behind new clause 4, tabled by the hon. Member for Croydon Central, I do not think it achieves the change she seeks, as the law already enables private persons and local authorities to pursue an injunction where they can evidence harm to their rights or interests in civil law. The police already have a range of powers and avenues to manage protest and to act on criminal or antisocial behaviour.

I therefore encourage the hon. Lady not to press her new clause and to support Government new clauses 7 and 8, new schedule 1 and amendment 50.

[Stella Creasy]

I rise to support all the amendments in the name of the Labour Front Bench, and to speak to new clauses 11, 13 and 14.

I put on record my gratitude to the Minister for respecting the convention that issues around abortion are matters of conscience, and new clause 11 is about abortion because, let us be honest, nobody is praying outside the places where people go to have a hip operation. Nobody offers rosary beads or dead foetuses outside the places people go when they have an ankle injury. This is about women accessing a very specific form of healthcare.

This goes to the heart of the Bill. Whatever the Bill’s merits, it is about protest. At the point at which women are accessing an abortion, they have made a decision and they are not opening themselves up for a debate or further discussion. These women are often in a very vulnerable state, and they want to be able to access basic healthcare.

New clause 11 would not stop free speech on abortion, and it would not stop people protesting. I have regularly been subjected to protests, and new clause 11 would do nothing to stop the protests I have experienced from many of the people involved in this subject. New clause 11 simply says that people should not have a right to protest in another person’s face, and very often these protesters are right up in front of people, at a point when they have made a decision.

--- Later in debate ---

[Huw Merriman (Bexhill and Battle) (Con)]

I pay tribute to the hon. Lady for what she has done to bring us to this position. I am grateful that the Minister has confirmed that this will be a free vote, as it should be.

I support the Public Order Bill because it is about stopping people interfering with the right of others to go about their business. Does the hon. Lady agree that this is at the heart of new clause 11, which is about protecting women who want to go about their lawful business from being harassed? They are emotionally vulnerable, and the decision is hard enough as it is, let alone with what they have to go through outside the clinic. Does she agree that it is a Conservative principle of the Bill to ensure women have the right to go about their lawful business?

[Stella Creasy]

I would not deign to comment on or set out Conservative principles, although I have the free speech to do so, but I share the hon. Gentleman’s recognition that this is about balancing rights. This is an omission from the Bill because it is such a specific issue. Let me be clear: PSPOs are not working and new clause 11 is very tightly drawn about abortion clinics themselves. At 28 weeks pregnant. I was subject to sustained campaigns in my town centre. People put up pictures of my head next to dead babies. They told my constituents to stop me and they incited anger and intimidation. This would not be covered by the new clause. That is the free speech debate that we might want to have another day. Perhaps if those protesters had thrown a can of tomato soup at me, the police might not have seen it as a “both sides now” conversation. This is something different. These women have not put themselves up for debate and I understand that. As a public figure, I have put myself up for debate. Obviously, I had not put my unborn child up for debate, which is what those protesters felt that they could do.

This is about when a woman wants to access an abortion. The new clause specifies abortion clinics. It is no more broad than that, because this is a very specific problem. The challenge in this place is that we can dance on the head of a pin having theoretical debates, but it is our constituents who see the reality. They see the people shouting at these women. They see the women who are frightened, scared and vulnerable, who just want to make a decision in peace—who just want to go about their business.

That is why this amendment has such support from across the House, from among the royal colleges, and from among those who work with women and campaigners, particularly organisations such as the British Medical Association and the Fawcett Society. It is also why there have been so many emails pouring into our inbox. A person does not have to be a supporter of abortion to think that, at that point, we probably need to protect that person. A person does need to be a supporter of abortion to think that, if something is stopping women or is designed to deter them at a point when they have made a decision to have an abortion, we need to step in and not leave it to local authorities to find the money to cover the court costs, or even for that to be part of the decision they are making.

I understand that the Minister will talk against this measure. He needs to explain why, when 50 clinics have been targeted, only five have managed to get PSPOs. The current legislation is not satisfactory in dealing with that balance. It leaves it to chance and creates a postcode lottery of the protection that people recognise is required—whether or not they support abortion and whether or not they think about free speech.

I ask the Minister to listen to women. Women in their droves are asking for this protection for their sisters who are making this decision. They should not be shouted at when they are accessing it. Let them make that decision in privacy. If we consider abortion to be a human right, do not ask them to run a gauntlet to get one, which is what is happening now. I hope that colleagues across the House will recognise the thought, care and attention that has gone into this new clause, the widespread support across the House for acting and for not leaving it to local authorities to have to deal with these issues, and the fact that the abortion debate must continue, but that there is a time and a place for it.

Let me turn now to new clauses 13 and 14, which, again, I hope will have cross-party support. They reflect a concern that we need to tackle the experience of women on our streets, and, in particular, the fact that 24,000 women a day experience street harassment in this country. For too long that has become normalised. For too long, we have taught young girls ways to minimise their exposure rather than challenging those people who do it. For too long, we have asked the questions, “Did you have your headphones on?” “Were you wearing a short skirt?” What did you say when that person said that?” We do that rather than recognising this as a form of harassment.

I welcomed the words of the Prime Minister when she said that violence against women and girls does not have to be inevitable. She said:

“Women should be able to walk the streets without fear of harm, and perpetrators must expect to be punished.”

She also said:

“It is the responsibility of all political leaders, including us in Westminster and the Mayor of London, to do more.”

I know that the Mayor of London wants to do more because I have been working with him for many years on the campaign to learn from our police forces who treat misogyny as a form of hate crime and use that to identify the perpetrators of these crimes. I know, too, that there is support across the House for doing that. There is no other crime that happens on such a scale on a daily basis where we have not made progress. I welcome the fact that there is agreement in this place that we need to tackle street harassment. As ever, when it comes to upholding a woman’s rights and freedoms and basic ability to go about her daily business, the challenge today is that it goes on the backburner when something else turns up. It is something that we will get round to eventually. It is something that is terribly complicated, when shouting at statues is not.

I ask the Minister today to commit to joining all of us in saying, “Enough is enough, and we will legislate and legislate promptly.” We should not be at a point in 2022 going into 2023 where thousands of women are still experiencing street harassment. Over their lifetime, seven in 10 women will experience sexual harassment in public. It is clear that those who engage in these behaviours often escalate to further and more serious crimes. Recognising sexual harassment and tackling it, which is what the police forces who are treating misogyny as a form of hate crime have been able to do, offers us valuable lessons about how we can move forward.

I recognise what the Law Commission said, and I recognise that the debate has moved on, but having a standalone offence, which identifies where women are being targeted for street harassment, would help us to gather the data and send that very powerful message that no woman should have to look behind her or carry her keys in her hand just because she wants to go out and buy a pint of milk. That is a daily experience.

[Fay Jones (Brecon and Radnorshire) (Con)]

My concern about street harassment is that it could be too broad. I am particularly concerned about the rising prevalence of cyber flashing, and I very much urge the Government to pursue their intention to make that a criminal offence through the Online Safety Bill. Does the hon. Lady agree that we are at risk of going too broad and too shallow and not focusing on individual crimes such as cyber flashing?

[Stella Creasy]

I agree that cyber flashing is an issue that needs to be addressed, but I caution the hon. Lady to understand the importance of recognising where harassment is targeted at women; it does not have to be sexual to be harassment. There is a risk here that we deny the experience of women from minority communities of the multiple ways in which they are harassed. A couple of years ago, a gentleman was going around my community targeting Muslim women, pulling off their hijabs. That was both Islamophobic and misogynistic—he was not targeting Muslim men. Yet, under our current hate crime framework, we ask the victims to pick a particular box to tick to identify a crime. The evidence from the areas of the country where they are using this approach shows that where we have that understanding of how misogyny motivates crime, we see the victim as a whole and victims themselves have much more confidence to come forward. I recognise the hon. Lady’s concern about being specific in law, but there is a really important issue for all of us not to focus purely on sexual behaviour, but to recognise what is driving these crimes: it is power, entitlement and privilege that some men have—it is mainly men who do this—to target women for crimes.

New clause 13 looks at intentional harassment. New clause 14, which I hope the Minister will address in his comments, looks at foreseeable harassment. That is a really critical issue and why it is so important to get these new clauses accepted to help change the culture. If the harassment is foreseeable, it is recognising that there should be no defence, such as, “I thought she would enjoy being groped by me.” “I thought she would like it if I followed her down the road.” “I thought that she would find it flattering.” In 2022, we should not be breeding a generation of men who think that that is acceptable. I promise the Minister that I will stop campaigning on these issues when I go to a wedding and the bride gets up and says, “He tried to get me in the back of a van. I thought that it was the most fantastic thing ever and I immediately had to get to know this man.” That does not happen, but that is often an everyday experience for many women in this country—to be followed, to be targeted and to be hassled.

Finding ways to recognise that in law and not give someone the defence of saying, “I don’t know why she was upset by what I said” is what new clause 14 does. The Minister may tell me that he has better ideas. I know the right hon. Member for Tunbridge Wells (Greg Clark) has an important Bill coming up. What all of us are looking for is a commitment to act promptly and not to leave this for another five or 10 years—the Law Commission review dates back to the heady days of 2016—and also to not give people a defence that women themselves are being difficult by wanting simply to go about their freedoms and not be hassled.

[Sammy Wilson (East Antrim) (DUP)]

rose—

[Madam Deputy Speaker (Dame Eleanor Laing)]

The right hon. Gentleman cannot intervene because he was not here at the beginning of the hon. Lady’s speech. He can intervene later, but he cannot intervene halfway through a speech when he was not here at the beginning of it. I appreciate that the hon. Lady is proposing amendments that everybody wants to hear about, but she has held the Floor for 15 minutes. We have three hours for this debate and I have more than 20 people who wish to speak, so I have to appeal for brevity. I would rather not put on a time limit, because that curtails debate. I hope the hon. Lady will appreciate the position of everybody else in the Chamber who also has to have an opportunity to speak.

[Stella Creasy]

Thank you, Madam Deputy Speaker; I promise I was just about to wind up. I hope the Minister will address the issue in new clause 14 about foreseeable harassment and that perhaps over the course of the debate he will rethink his opposition to new clause 11. I know many of us across the House would welcome that.

[Caroline Nokes (Romsey and Southampton North) (Con)]

It is a pleasure to follow the hon. Member for Walthamstow (Stella Creasy).

--- Later in debate ---

[Fiona Bruce]

I have spoken against that principle on a number of occasions in this place and I will come on to explain why.

The wording of new clause 11 could even catch those who are quietly praying, but when did it become against the law in this country to pray? Unfortunately, five councils have now defined protest as including the word “prayer”. During court proceedings, that has even been confirmed to include silent prayer. That is a grave development that we in this House, more than anyone, must stand against. Staggeringly, it would effectively mean criminalising the affairs going on within the privacy of an individual’s mind. Yet freedom of thought is an absolute, unqualified right. As the Minister for the Americas and the Overseas Territories said earlier today in response to the urgent question, peaceful protest is a “fundamental part” of UK society.

Whatever our individual views on abortion, we must stand against new clause 11. Otherwise, we risk opening the door to discrimination even more widely. Why not have buffer zones around political conferences? A young Hongkonger told me yesterday that when she attended the recent Conservative party conference, she was “scared” of accessing the conference centre because of the aggressive behaviour of political opponents around it, yet there is no suggestion of having buffer zones there, and nor should there be. As MPs, we would be aghast if we risked a fine and imprisonment simply for handing out a campaign leaflet containing our political views on the street and seeking to influence others at election time. No: new clause 11 is specifically targeted at those with faith-based views and we should be equally aghast at it.

Of course, harassment or intimidation around abortion clinics—or anywhere—has to be addressed, although in more than a quarter of a century of people quietly gathering around abortion clinics, there have been relatively few, if any, reports of that and there are already several pieces of legislation that could tackle it if needed. The Offences against the Person Act 1861, the Public Order Act 1986, the Protection from Harassment Act 1997, the Criminal Justice Act 1988 and the Anti-social Behaviour, Crime and Policing Act 2014, and the Police, Crime, Sentencing and Courts Act 2022, which was passed only this year, all provide sufficient powers to tackle harassment and intimidation. This addresses the point of my hon. Friend the Member for Harwich and North Essex (Sir Bernard Jenkin): rather than creating new and unnecessary laws, the police’s and our efforts should be on ensuring that they and the prosecution use the powers that they already have.

This new clause goes further and potentially criminalises peaceable gatherings. Indeed, looking at the wording of the new clause, it is perfectly possible to see an argument being made that just one person standing alone quietly near a clinic could be guilty of the criminal offence proposed in it. Widely or poorly drafted legislation, as here, can have serious unintended consequences, as we have seen in recent years. During the pandemic, Rosa Lalor, a 76-year-old grandmother, was arrested, prosecuted and charged for nothing less than praying and walking outside an abortion centre. It took over a year before Merseyside police force dropped the charges, noting that her actions were completely within the law. For her, however, the punishment was the process, despite being completely innocent of any wrongdoing.

Too often, in recent years, the mere expression of unpopular viewpoints has been interpreted, or rather misinterpreted, as automatically being abusive or harassing under the Public Order Act 1986, due to the broad discretionary powers the police have. We must stand against this. We have seen numerous examples of street preachers and others arrested for nothing more than peacefully expressing traditional views in public. When arrested and prosecuted, it is very rare for this to lead to conviction, but by the time they are vindicated the damage is done to the individual subjected to a prolonged criminal process, to the public’s confidence in policing and, indeed, to freedom of speech. Such miscarriages of justice have an abiding chilling effect, leading many—indeed, many thousands of people—across our country today to self-censor deeply-held views, which is a problem far more widespread than is currently recognised and that will no doubt be exacerbated by new clause 11.

[Stella Creasy]

Will the hon. Member give way?

[Fiona Bruce]

I am just about to conclude.

One of the main reasons freedom of speech and thought are treasured and rightly protected in law is so that they can be used precisely for the purposes of influence. The free and frank exchange of viewpoints is the lifeblood of a genuinely democratic society. Rather than seeking to erode this most precious principle, we should be seeking instead to strengthen the law, to put it beyond doubt that freedom of speech—and, indeed, of belief—when peaceably expressed should never be a criminal offence. We must stand against this here today. Our cherished freedoms of thought, conscience, belief, speech and assembly have been hard fought for, and our democracy depends on their robust protection.

--- Later in debate ---

[Sir Edward Leigh (Gainsborough) (Con)]

I am surprised we are debating this again. It was only in 2018 when the Home Office concluded there was no need to introduce so-called buffer zones. I am referring here to new clause 11. Buffer zones are disproportionate in the restrictions they impose on freedom of expression, and unnecessary in that there remains a lack of evidence that they are needed. The Government have recently affirmed this position, and rightly so given that existing laws enable the police and local authorities to deal with protests that are harmful. Before we rush to create new laws, it is only right that the Government expect the police and local authorities to use their current powers appropriately and where necessary.

The 2018 review showed that

“it would not be proportionate to introduce a blanket ban”

as the evidence found that protests occurred at less than 10% of abortion clinics. That is a very small number. Of course—we emphasise this point—any kind of harassment is absolutely wrong. It should be dealt with by the law and can be dealt with by existing laws. We have heard much in the debate about how we should turn to existing laws, rather than create new ones. Any remedy must be proportionate to the problem. The review—not my review, but an objective Government review—concluded that most of the activities during these protests were passive in nature. My hon. Friend the Member for Congleton (Fiona Bruce), in a very powerful speech, described just how passive they can be. They can be standing there and praying silently, not even holding up a banner of any nature or saying anything. It could include praying or handing out leaflets. The review found that disruptive or aggressive behaviour was the exception, not the norm. Crucially, it also confirmed that the police have the necessary powers already to take action and protect the public when protests become harmful or disruptive. A blanket ban of the kind proposed in new clause 11 would be disproportionate in the face of those facts. The law must be proportionate.

To be clear, the people this amendment targets are peaceful protestors, often elderly grandmothers, frankly, who are entirely peaceful. They politely pray and hand out leaflets. The contrast could not be greater between those protestors and those of the likes of Just Stop Oil, who glue themselves to roads and create human blockades that are disruptive and obstructionist. If any so-called protesters at abortion clinics did anything like that, they would be immediately arrested. While the police have the powers to take action so that ordinary people can go about their daily lives, they will not stop Just Stop Oil protests.

Are we in this House really going to criminalise people who are peacefully trying to raise awareness about support available? This is the point.

[Stella Creasy]

Will the right hon. Gentleman give way?

[Sir Edward Leigh]

No, I have been told not to speak for long and I want to get on with it.

--- Later in debate ---

[Jeremy Quin]

I sympathise with the sentiment behind new clause 11. I hope we all agree that it is wholly unacceptable for women to feel harassed or intimidated when accessing abortion services. However, bearing in mind the size, scale and frequency of those protests, it is still our view that placing a nationwide blanket ban on protests outside all abortion clinics in England and Wales would be a blunt approach and disproportionate given the existing powers that can and should be used.

[Stella Creasy]

rose—

[Jeremy Quin]

I give way to the hon. Lady as this is her new clause.

[Stella Creasy]

I know that the Minister is listening both to the testimony of previous colleagues and the sentiment across the House, but might the answer to this lie in the great institutions of this place, in that we should accept this amendment today and seek to further refine how it could work in the other place? We could today send a message to the other place that we will grapple with the issue and resolve it. The testimony from the hon. Member for Louth and Horncastle (Victoria Atkins), a former Home Office Minister, powerfully set out that this is a road to travel. The challenge in this place is that without those opportunities for scrutiny and further refinement, the status quo will remain, and what the Minister is hearing from across the House is that the status quo is not acceptable. Might that not be a way forward?

[Jeremy Quin]

My hon. Friend the Member for Louth and Horncastle mentioned the reviews that have been done: the review conducted in 2018 went into this in great depth and there has been further work since, and the hon. Lady referred to further work being done in relation to the Police, Crime, Sentencing and Courts Act 2022. That maintained the Government position that the current arrangements are still proportionate. There is legislation; the Public Order Act 1986 and the PSPOs provide those routes, and we continue to believe that is proportionate, but this is ongoing work and we need to continue to ensure that it is still proportionate. I will be reviewing and making certain that I understand fully the pattern of protests and the effectiveness and indeed the cost of PSPOs, and I will certainly make sure that that work is constantly refreshed if the House agrees we should maintain the current legislative environment.

There are existing laws to protect people from harassment and intimidation outside abortion clinics. The police have robust powers to deal with protests that obstruct access to clinics, and cause alarm, harassment or distress, and where protests cause harm, we expect the police and local authorities to work together at the local level to respond in a way that takes into consideration the local facts, issues and circumstances. In addition, local authorities already have powers to implement PSPOs; these can be introduced when a local authority is satisfied that protests are having, or are likely to have, a detrimental effect. We have seen increased use of these in recent weeks, with five local authorities imposing an order outside abortion clinics.

Migration and Economic Development Partnership with Rwanda

Stella Creasy Excerpts

Wednesday 15th June 2022 Commons Chamber

[Priti Patel]

My hon. Friend has made an important point about the standing of the UK’s legal system in the world. It is one of the best in the world. If we look at common law, commercial law—you name it—many countries look to us and our legal systems and processes and the incredibly high standards that we have. That is absolutely right.

It would be wrong of me to comment any further, particularly in the context of this debate. It is right that I am in the process going back to the European Court of Human Rights and we will continue to work with the Court of Appeal, the Supreme Court and the High Court, because it is important that we understand their rulings and work with them in any way possible to deliver our policy.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

To hear the Home Secretary talk, one would think that the European Court of Human Rights was not part of this country’s legal processes. The reason for that—it is a very good libertarian reason—is, as one of its founders said, that the European Court was set up so that

“cases of the violations of the rights of our own body of 12 nations might be brought for judgement in the civilised world”.

Wise words about protecting citizens from overbearing Governments who seek to deny their most basic rights. Will she just abandon this expensive mess? We know, as she said, that there will be further legal action and further cost to the public purse here in the UK. Will she also stop the attacks on the lawyers who are just doing their jobs in holding her to the law? Or does she think that Churchill was wrong?

[Priti Patel]

I refer the hon. Lady to the comments that I have already made in the House. Specifically, I take issue with her saying that I am attacking lawyers, which is simply not what I have been doing this afternoon—[Interruption.] It is a deliberate misrepresentation, Madam Deputy Speaker, and I think that the hon. Lady might want to withdraw her comments.