Stalking Protection Bill (First sitting)

Alex Chalk Excerpts

Committee Debate: House of Commons & Committee: 1st sitting: House of Commons
Monday 9th July 2018 Public Bill Committees

[Dr Sarah Wollaston (Totnes) (Con)]

It is a pleasure to serve under your chairmanship, Mr Gray. I will start by thanking the many people who have come forward to talk openly about their own harrowing personal experiences at the hands of stalkers—including those who have been bereaved as a result of stalking—and the many organisations that have provided support and expertise: the Suzy Lamplugh Trust, the Gloucestershire stalking support service, Paladin, the Alice Ruggles Trust, Protection Against Stalking and, of course, many members of the police and the police and crime commissioner lead. I am very grateful to all of them for sharing their expertise. I am also grateful to the Minister’s Bill team, who have been extraordinarily helpful in providing support.

Clause 1 creates a new civil protective order to protect victims of stalking, called a stalking protection order. I am delighted that the Bill has received such strong cross-party support. I really welcome this consensus, on behalf of those who have been victims of stalking in the past and, more importantly, those whom we can protect in the future. It is worth reiterating why we are here to create the new orders. Responses to a public consultation launched in December 2015 stressed the need for earlier intervention in stalking cases to protect victims and to address emerging patterns of behaviour in perpetrators before they become entrenched or escalate in severity, as well as for putting in place vital extra protections. They identified a clear gap in the existing protective order regime, particularly in cases of so-called stranger stalking, where the stalking occurs outside a domestic abuse context or where the perpetrator is not a current or former intimate partner of the victim.

The Bill is therefore intended to provide the police with an additional tool with which to protect victims and deter perpetrators at the earliest possible opportunity, and to fill the gap in the protective order regime. Stalking protection orders will be available on application to a magistrates court by the police, ensuring, importantly, that the onus to take action is not placed on the victim and that the police have end-to-end sight of the entire process, from application to enforcement of the orders, and if there is reasonable cause to believe that the proposed order is necessary to protect another person from the risk of stalking.

I should inform the Committee at this point that I am exploring the possibility of the British Transport police and the Ministry of Defence police also being able to apply for these orders. I hope to provide an update on Report.

Crucially, the orders will be available in cases of stranger stalking because, unlike with existing protective orders, clause 1 contains no requirement for stalking to have occurred in a domestic abuse context or for there to be a current or former intimate partner relationship between victim and perpetrator. The clause also contains no requirement for the orders to be made on conviction. Again, that is unlike what happens with existing protective orders.

[Alex Chalk (Cheltenham) (Con)]

I congratulate my hon. Friend on her vision and stamina in promoting the Bill, which have been a lesson to us all. The fact that there is no requirement for a conviction is the strength of the provision. However, I am interested in the burden and standard of proof to be established before an order can be made. One can well imagine that they would be contested; and they should be imposed only where it is fair to do so, given that breach of such an order could result in a custodial penalty.

[Dr Wollaston]

I thank my hon. Friend for the extraordinary work that he has undertaken on behalf of victims of stalking. He is right to draw attention to that matter. Orders could be made on the balance of probability, but breach of an order would be a criminal offence. That is the important distinction, and I know that he welcomes those arrangements.

As I mentioned, clause 1 includes no requirement for orders to be made on conviction—an important distinction —or for the behaviour giving grounds for the application to have met the criminal threshold. That is what my hon. Friend the Member for Cheltenham was pointing out, and it is because stalking protection orders are designed specifically to permit early intervention when the criminal threshold has not yet been met but where it is known that there is a serious risk of harm as a result of stalking. If the police are gathering evidence and preparing a criminal case for court—for example if they are pursuing a stalking conviction—that takes time. The orders are not intended to replace such prosecutions. They can protect victims at the earliest possible opportunity and also are a way of stepping in to address the perpetrator’s behaviour before it progresses into an obsessive campaign. Breaking the cycle is much more difficult if the behaviour is allowed to continue for longer.

To address the behaviour in question effectively, orders would make it possible to impose prohibitions and positive requirements on the perpetrator. Clause 1 would allow the police to propose to the court a bespoke intervention to protect the victim from harm but also, crucially, address the perpetrator’s behaviour. Requirements to be imposed on a perpetrator by orders include notification requirements similar to those for registered sex offenders. Those are provided for in clause 9 and would help ensure that the police had the right information at the right time to manage the risk posed by perpetrators effectively. A perpetrator who did not comply with the conditions of a stalking protection order would face a criminal penalty for breach under clause 8, with a maximum sentence of five years’ imprisonment.

Finally, clause 12 makes provision for the Government to issue statutory guidance to the police on the use of the orders. That will be developed in collaboration with criminal justice partners and sector experts and will help ensure that the police have the knowledge, understanding and confidence to use stalking protection orders to their full potential. It is only right to acknowledge that a new stalking protection order will not in itself deliver a better response to stalking; that will require an improved awareness of stalking on the part of all professionals working in that space, and a continued focus on improving the criminal justice response through the provision of high-quality training, guidance and professional development.

Other measures, beyond the scope of the Bill, were suggested on Second Reading. One was a stalking register. I know that the Government are committed to looking at wider options to improve the response to stalking, and to linking those considerations to wider work on supporting vulnerable victims. However, it is important to note that the notification requirements that could be imposed on a perpetrator under clause 9 are similar to those that can be imposed on registered sex offenders. I look forward to hearing the Minister’s thoughts on that point.

I am sure that Committee members will agree that any further changes with respect to stalking should be introduced following rigorous and comprehensive consultation. That brings me to the reason I tabled an amendment to change the long title of the Bill: to ensure that it better reflects its content, which is limited to stalking protection orders and related matters. It is a minor, technical amendment that I hope provides neatness and clarity and will smooth the Bill’s passage through Parliament.

I hope that I have made clear how the Bill provides the police with a welcome additional tool, the purpose of which is to protect victims of stalking and deter perpetrators at the earliest possible opportunity, even before the stage is reached at which a prosecution could commence, or to put in place protection while evidence for a prosecution is being gathered. It is imperative that we are able to provide effective support for victims of this devastating crime.

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[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I, too, congratulate the hon. Member for Totnes. I was one of the original members of the commission on stalking, which had members from the House of Lords and the House of Commons. It was pretty new, and it was a very good group. All of us who are still in contact think that the Bill builds on the foundations we created. We thank her immensely and hope the Bill comes to fruition quickly.

[Alex Chalk]

I want to reflect on how far we have come on this issue in such a short time. It is hard to think that stalking was made a criminal offence only in 2012. Prior to that, it was the stuff of almost amusement. It is only now that we, as a society, have come to realise its appalling and corrosive impact. We have made that progress because of great campaigners such as my hon. Friend the Member for Totnes, who has been ably and graciously supported by the hon. Member for Rotherham.

I have one observation. This is an excellent Bill that will provide an important tool for early intervention. Critically, it allows to be placed on the individual not just a prohibition, but a requirement potentially to get some sort of treatment. We all want the stalking to stop, and sometimes the critical factor is to ensure that the individual gets treatment, be that talking therapy or whatever, to address the fixation that has got into his or her head. I hope that magistrates courts will take the opportunity that this excellent piece of legislation provides to protect victims and assist perpetrators.

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

It is a pleasure to serve under your chairmanship, Mr Gray. I thank my hon. Friend the Member for Totnes for introducing this important issue to the House of Commons through her private Member’s Bill, and for all the hard work that she and those who assist her have put into the Bill. It has been a real pleasure to work with her and to see how she has drawn together all the charities that do so much invaluable work in this area, and how she has created cross-party consensus. I was very pleased when I saw the list of Committee members, because everyone present has worked so hard in this area.

I place on record my thanks to Mr and Mrs Ruggles, whom I met through my hon. Friend in our preparations for the Bill, and to Mr and Mrs Gazzard. I met Mr Gazzard when I visited my hon. Friend the Member for Gloucester, to whom I am also grateful, and we talked a lot about safeguarding and what more we can do to prevent terrible incidents of this nature. Similarly, I must thank my hon. Friend the Member for Cheltenham, who did so much to increase the maximum sentence available when such crimes have been committed.

I reiterate that the Bill has the Government’s wholehearted support and that the question of stalking is of great importance to the Government. The provisions in the Bill will provide the police with a vital additional tool with which to protect victims of stalking and deter perpetrators at the earliest opportunity, but we know that there is much more to do.

I will answer a couple of sensible questions posed by the hon. Member for Rotherham about the consistency of police training and the police response to investigating stalking across the country. The Home Office continues to work with the national police lead, Deputy Chief Constable Paul Mills, and will deliver the updated police guidance shortly. That is being overseen by the Home Secretary, who chairs the national oversight group, which I also attend and which does a great deal of work. The hon. Lady also made a valid point about mandatory police training. Clause 12 provides for statutory guidance to the police on stalking and we are committed to working with the College of Policing to deliver refreshed training across public protection portfolios, because we understand that some forces do much better than others, and we need to bring them all up to the same high standard.

We will continue to work closely with criminal justice partners to address the findings of last year’s joint inspectorate report on the police and CPS response to stalking and harassment, including through the national oversight group. In addition, we have provided £4.1 million through the police transformation fund to the police, in partnership with the Suzy Lamplugh Trust, which is such an important charity in this area, for a multi-agency stalking interventions programme to share best practice and learning on the development of effective interventions for stalking. The proposed stalking protection orders will form part of this bigger picture to tackle stalking, as a vital additional tool at the disposal of our police forces. I very much pick up on the point made by my hon. Friend the Member for Cheltenham about these orders placing positive requirements on the defendant to address their own behaviour to see whether we can break that cycle of stalking.

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[Victoria Atkins]

Of course, stalking can present in many different ways. As we have discussed, what is key is that the police are aware and conscious of patterns of behaviour that may constitute stalking, as is helping to educate the public through the invaluable charities that we have already named and raising awareness of what may constitute stalking behaviour.

I had an interesting meeting last week with the police and crime commissioner for Sussex, who is doing a great deal of work in that county to develop police and public awareness of stalking. As education and awareness have developed, reporting of such instances has risen. We do not have not any reason to believe that there is more stalking in Sussex than anywhere else; I think it is a question of more awareness-raising meaning that people know that they should not have to put up with such behaviour and reporting it to the police. The Bill will give the police the powers they need to protect those people immediately.

[Alex Chalk]

On the practicalities, collating the evidence for one of these civil orders may be quite a laborious exercise. Gloucestershire police are a national leader on stalking issues. Can the Minister provide assurances that other police forces will be given sufficient training to ensure that they know how to present these applications in a cogent way and discharge the appropriate obligations to the person being considered for such an order?

[Victoria Atkins]

Very much so. That is the expectation, particularly through the statutory guidance. We will very much be led by the National Police Chiefs’ Council lead, Paul Mills. Tackling stalking is his focus, so we will work with him and the College of Policing to ensure that chief constables and police officers on the beat across the country understand not only their powers but how to spot the signs of stalking and harassment.