Protection of Freedoms Bill

Debate between Stella Creasy and Nigel Evans

Monday 19th March 2012 Commons Chamber

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

I beg to move amendment (b) to Lords amendment 51.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this, it will be convenient to discuss amendments (c), (d), (e), (f) and Government amendments (g), (h), (i), (j), and (k) thereto.

Lords amendment 52, and amendment (a) thereto.

Lords amendments 59 and 68

Lords amendment 133 and Government amendments (a) to (c) thereto.

[Stella Creasy]

The need for legislation to create a distinctive offence of stalking has been clear for some time. I therefore start the debate by welcoming the Government’s willingness to respond to these calls for such legislation. Our amendments reflect the need to ensure that this opportunity for progress is not missed and that the evolution of these proposals continues so that they can truly meet the needs of those we wish to protect.

To put this case, I want to set out why we consider that the legislation as currently proposed is limited in its ability to deliver this protection, and what we learn from that in scrutinising the Government’s proposals that are on the table. We all now know that the Protection from Harassment Act 1997 has been unable to offer the protection from stalking required for its victims. It is estimated that there are currently 120,000 cases of stalking every year, but fewer than 4,500 were convicted of harassment in 2009; of those, only 565 were jailed.

The current legislation is not able to cope with stalking because these behaviours cannot be meaningfully defined by specific forms of contact. Rather, this is an offence about the impact of conduct or patterns of behaviour by those individuals who fixate on others and seek to cause distress, fear or alarm. The current legislation offers only the same tools that we have at present to deal with disputes between neighbours—and it has struggled to cope as a result.

The Protection from Harassment Act 1997 created two criminal offences of harassment and putting people in fear of violence, as well as providing for restraining orders, which are more well known, where a breach, in theory, can lead to an arrestable offence. We now know, however, that victims of stalking talk repeatedly about the frustrations caused by the police being required to see patterns of behaviour, examples of a breach or evidence that someone has repeatedly damaged property or acted in a certain way or created a fear of violence. Others have talked about the importance of training the police, magistrates and the Crown Prosecution Service to help them understand the range of acts that fall under stalking—including, especially, cyber-stalking. That is because it is a summary offence of harassment, and many felt that the police did not go far enough and did not allocate appropriate resources to investigating these cases, or frankly, that it was seen as simply not serious enough to warrant the effort. I shall return to the question of seriousness in a few moments.

It is little wonder that the recent inquiry into stalking found that 72% of victims were unhappy with the response they received from the criminal justice system, with the majority stating they had experienced stalking for over 18 months or more and through multiple forms of contact; yet only 47% said that their perpetrator was even charged. As Tracey Morgan, a key member of the inquiry panel into stalking has said:

“stalking is where domestic violence was 30 years ago. It’s seen as a joke; a celebrity problem. Victims are told they should be flattered by the attention”—

but we all know of the reality. We have heard the stories of people like Tracey whose lives were torn apart by a person who fixated upon them. We have heard of the ex-partners who torment men and women online and offline; we have heard of women such as Clare Bernal who was brutally murdered by her former boyfriend, despite warnings about his behaviour.

We know from other jurisdictions how having a specific offence of stalking can help to address these concerns. In the 10 years prior to the introduction of the offence of stalking in Scotland, Strathclyde police reported a total of 70 stalking-related prosecutions. In the first six months after legislation providing for a specific offence was enacted, there were 140 prosecutions in Strathclyde alone, and it is estimated that there will be between 500 and 600 in Scotland as a whole by the end of the year.

Consumer Credit and Debt Management

Debate between Stella Creasy and Nigel Evans

Thursday 3rd February 2011 Commons Chamber

[Stella Creasy]

It is a pity that the hon. Lady was not here at the start of the debate when I set out clearly that the proposal is not for an interest rate cap, but for a cap on the total cost of credit. As I said, that is a difference that makes all the difference to the efficacy of the proposals. That is why many groups that share the concerns in the research that the hon. Lady has set out, are not concerned about these proposals. I urge her to look closely at that distinction. I will press on now because many hon. Members wish to speak and I know that the Minister will have a substantial amount to say.

Another point that has been raised is that new provisions in the Consumer Credit Act 2006, which came into force recently, may well change the market. Although those provisions are welcome, the protection that they offer presumes that choice is open to consumers and that if they are simply equipped with clearer pricing and the chance to rethink loans, that will resolve the problems that we have discussed. Customers with no alternative, struggling to make ends meet, cannot exercise choice or avoid borrowing. If someone is tied to the train tracks, knowing when the train is coming makes only a limited difference to their chances of survival. Until we give consumers a level playing field by producing powers to cap costs, we will not change the dynamic of the relationship.

Others have argued that the powers needed already exist, and that the Competition Commission could investigate and act. Indeed, the Office of Fair Trading referred the home credit market to the commission in 2004, as the hon. Member for Solihull (Lorely Burt) pointed out, and came up with various remedies. Here I turn to the views of Citizens Advice, which argues that the problems are getting worse, not better. That shows that those powers have not worked, so it is time to strengthen the intervention that we make in the market.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. The hon. Lady has already indicated that a lot of Back Benchers wish to get in. It was recommended that her speech should last 15 minutes, and she is way over that. Could she please bring her remarks to a close?

[Stella Creasy]

I will, Mr Deputy Speaker.

Finally, people have suggested that we need to introduce more competition by encouraging affordable lending, and I agree, but I do not see that there is a choice to be made between capping the costs of credit and supporting credit unions. Furthermore, it will take a long time for credit unions to become a serious, affordable alternative. In contrast, cutting rates would have an impact on people’s debts now.

I know that some people are concerned about the concept of regulation, but in the motion I simply urge the Government to close the loophole that they have created by saying that they will commit to regulation on the costs of store cards and credit cards but leave this vulnerable market untouched.

The weight of evidence means that I will hold firm in not accepting the amendment, as much as I welcome the strong cross-party support for the proposals. We all know that that support exists, and in these days of new politics I want to celebrate it, but I fear that the warm embrace of consideration could turn into the slow of death of progress without firm direction from the House. The longer we delay affirmative action, the longer our constituents will pay high rates.

Make no mistake, the problem will get worse, not better. As Uriah King of the American Center for Responsible Lending points out,

“payday lenders are aggressively seeking new markets because they are being curtailed here in the US”.

We can all see the consequences in our communities. One example of this is the uncle who came to me last year because his 16-year-old nephew had been given a £300 loan by a home credit agency. His family will struggle to repay that debt. He is angry, you bet, but he knows that it is all legal. What chance for the next generation if we do not act now? Mr Crook will be licking his lips at their predicament.

Let us not delay. There is evidence to support my proposals, and there is political will in the House for this to happen. Let us consider the motion a belated submission to the credit review, giving the Government a clear and urgent message that the time for capping costs has come. Voting for the amendment would dilute that message. The clock is ticking. Research by R3 shows that 44% of people in this country now struggle to make ends meet until pay day, and the problem will only get worse. Those people are our constituents, and they are our responsibility. I ask Members to please give them more than consideration—please give them action. Support the motion and protect the poorest consumers above the needs of loan sharks.