Public Order Bill (Seventh sitting)

Debate between Alex Cunningham and Rupa Huq

Committee stage
Tuesday 21st June 2022 Public Bill Committees

[Dr Huq]

My ideal would be to sit down with the Government to make something better. I will not press the new clause to a vote today, because I think it can be improved—I take those points—so I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 2

Hostility towards sex or gender

“(1) After Section 5 of the Public Order Act 1986 insert—

‘5A

Offences aggravated by sex or gender

(1) An offence under section 5 of this Act is aggravated by sex or gender where the offence is—

(a) aggravated by hostility toward the sex or gender of the victim,

(b) of a sexual nature, or

(c) both of a sexual nature and aggravated by hostility toward the sex or gender of the victim.

(2) A person guilty of an aggravated offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

(3) It is not a defence under this section that a person did not believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress if a reasonable person in possession of the same information would think that there was a person within hearing or sight who was likely to be caused harassment, alarm or distress.

(4) An offence is “aggravated by hostility towards the sex or gender of the victim” for the purposes of this section if—

(a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s sex or gender (or presumed sex or gender); or

(b) the offence is motivated (wholly or partly) by hostility towards members of a group based on their sex or gender.

(5) In this part, gender has the same meaning as in the Gender Recognition Act 2004.’

(2) Part 3A of the Public Order Act 1986 (Hatred against persons on religious grounds or grounds of sexual orientation) is amended as follows—

(a) In the heading for Part 3A at the end insert ‘or grounds of sex or gender’.

(b) In the italic cross-heading before section 29A at the end insert ‘and hatred on the grounds of sex or gender’.

(c) After section 29AB insert—

‘29AC

Meaning of “hatred on the grounds of sex or gender

29AC In this Part “hatred on the grounds of sex or gender” means hatred against a group of persons defined by reference to their sex or gender.’

(d) In the italic cross-heading before section 29B at the end insert ‘or hatred on the grounds of sex or gender’.

(e) In section 29B(1) at the end insert ‘or hatred on the grounds of sex or gender’.

(f) In section 29C(1) (publishing or distributing written material) at the end insert ‘or hatred on the grounds of sex or gender’.

(g) In section 29D(1) (public performance of play) at the end insert ‘or hatred on the grounds of sex or gender’.

(h) In section 29E(1) (distributing, showing or playing a recording) at the end insert ‘or hatred on the grounds of sex or gender’.

(i) In section 29F(1) (broadcasting or including programme in programme service) at the end insert ‘or hatred on the grounds of sex or gender’.

(j) In section 29G(1) (possession of inflammatory material) at the end insert ‘or hatred on the grounds of sex or gender’.”—(Alex Cunningham.)

Brought up, and read the First time.

[Alex Cunningham]

I beg to move, That the clause be read a Second time.

The new clause was tabled by my hon. Friend the Member for Walthamstow (Stella Creasy), to whom I pay tribute for her tireless campaigning on this issue. Last year, when we were debating the Police, Crime, Sentencing and Courts Bill, I and my Labour colleagues on the Bill Committee spoke at length about how the Government were missing a golden opportunity to take robust action to protect women and girls from the violence and harassment that they face every day. Sadly, however, the Government chose to miss that opportunity, instead pushing the Bill through without any consideration of the steps that they could take to ensure that women and girls were able to go about their lives without worrying about their safety.

You can imagine, Mr Dowd, how pleased I was last week when, about to present my private Member’s Bill on the Floor of the House, I heard the right hon. Member for Tunbridge Wells (Greg Clark), a few Bills ahead of mine, presenting his Protection from Sex-based Harassment in Public Bill to make provision against causing intentional harassment, alarm or distress to a person in public when the behaviour is done because of that person’s sex. I do not know whether he was seeking some form of review or specific action, but clearly there is support for such measures in all parts of the House. It is time for the Government to put aside all the talk about acting on misogyny and to accept the new clause. Furthermore, given the Minister’s speech in the debate on new clause 1, I feel somewhat encouraged that he, too, is ready to take some action.

Last week I received a letter from the hon. Member for Louth and Horncastle, who is the Minister for ending violence against women and girls. She provided an update on the Government’s response to the end-to-end rape review. She ended her letter by saying:

“Thank you for your engagement on these crucial issues. Violence against women and girls is a global problem and it is our collective mission to support victims and bring perpetrators to justice. I look forward to working with you to address these crucial issues and bring about the transformational change that victims deserve.”

I found that message extremely heartening because she is, of course, correct that we need to work together in all parts of the House as a collective to improve the dire outcomes that women and girls face when seeking justice. I hope the Minister will share that sentiment, engage positively with the substance of the proposed new clause and accept that it should be included in the Bill.

I know that the Minister will be aware of the scale of the problem, which affects women and girls across the county on a daily basis. Some 66% of girls in the UK have experienced sexual attention or sexual or physical contact in a public space. That gets worse with age: a report by UN Women UK published in January 2021 showed that in a poll of 1,000 women, 71% had experienced sexual harassment in a public space. That figure rose to 97% for women under 25. That harassment, intimidation and abuse never shows up in formal crime statistics, not because it is not serious enough, but because women do not think that going to the police will help.

House of Commons Library data shows that half a million crimes against women go unreported every year, and women are less likely than men to report abuse to the police. Research shows that two thirds of women experience abuse or harassment in public places, but 80% of them do not report those crimes to the police as they do not believe they will be addressed or taken seriously.

There are two reasons why it is so important that these supposedly lower-level offences are taken seriously by the police and the criminal justice system. First, those who perpetrate violence against women are often repeat offenders whose violence and abuse shows a pattern of escalation. That is not to say every misogynist who shouts at women in the street goes on to violently attack women, but many of those who do carry out such attacks start by throwing verbal abuse. If we can identify, monitor and—where necessary—restrict those who commit the early offences, we will be better able to prevent the all-too-familiar pattern of escalation before it has dire consequences.

Secondly, by letting these offences go unregistered or unpunished, we are sending a message about how seriously—or not—we take violence against women and girls. If someone is abused because of their sexuality, ethnicity or religion, the law rightly says that the abuse—based on who someone is—is unacceptable. Unfortunately, the law does not say the same thing if someone is abused simply for being a woman or a girl.

We all recognise that more needs to be done to tackle misogynistic abuse, but if we do not act, we are endorsing a legal system that is permissive of such abuse. If we do not act, we are endorsing a system that sees women repeatedly targeted but then choosing not to report the crime because they—too often rightly—suspect that it will not be treated as seriously as it should. I cannot repeat that fact enough: until we demonstrate that the law is on the side of women and girls, most of them will not report the abuse, which we ought to recognise as crimes.

The proposed new clause would be a crucial first step in tackling the harassment and abuse that women and girls face every day. It would, in simple terms, put in place harsher sentences for those who commit abuse or harassment motivated by misogyny or misandry. Sentences would be set at the same level as intentional harassment, allowing courts to recognise the higher degree of culpability that these crimes should carry. It would, for the first time, recognise that there is something particularly damaging about targeting someone solely because of their sex, in the same way that we do if someone is targeted for other aspects of their identity.

During the passage of the Police, Crime, Sentencing and Courts Act 2022 in the other place, the Minister there said that the Government would bring forward a consultation on public sexual harassment. That was some time ago, but I am afraid there are two reasons why I do not think that is an appropriate solution. First, a myopic focus on sexual harassment ignores other harassment that women and girls face on a daily basis. If the focus is narrowed to only behaviour that is explicitly sexual or for the purposes of sexual gratification, conduct such as ripping off a Muslim woman’s hijab would not be covered.

That would be counterproductive, because it would suggest that such behaviour is somehow less serious than sexual harassment, and it would prevent the police from gathering crucial information about patterns of offending. Instead, we need to adopt the approach that the new clause takes and recognise that, at its root, sexual harassment is about power and hostility, and we should treat it as such. We should not separate out sexual abuse from sexist abuse; we should treat them as symptoms of the same underlying problems.

The second reason is that we all know that a Government consultation is absolutely no promise of action. Indeed, the Government’s own adviser on sexual harassment has said that both she and the Home Secretary are supportive of action, but the idea is being vetoed by those higher up in Government. Given how few people are able to overrule the Home Secretary, the Minister will forgive me if I am sceptical that a Government led by the current Prime Minister will take action on sexual harassment without being pressed to do so.

Even putting those misgivings aside, this is not an issue that can wait for the slow cogs of Government policy making to engage. If we do not take the opportunity that the new clause offers us, it could be years before we have another opportunity to act. In that time, millions more women will experience this behaviour and not report it because they know our legal system does not treat it with the seriousness it deserves. I appreciate that we are yet to see the detail of the Protection from Sex-based Harassment in Public Bill, in the name of the right hon. Member for Tunbridge Wells. Whatever measures he may succeed in introducing, however, it could be a year or more before they take effect. We can take out the uncertainty now and prevent further delay.

Proposed new subsection (2) is aimed at those who may never carry out a violent or abusive act themselves, but who may encourage others to do so. Encouraging racial or homophobic abuse is already a criminal offence, and rightly so. As we have seen across the world, and during the tragic events in Plymouth last year, there are people out there who seek to stir up hatred of women for no reason other than that they are women. That is clearly unacceptable, and I was pleased that the Law Commission recommended last year that we bring our laws into the 21st century and tackle the stirring up of misogynistic and misandrist hatred.

I am sure the Minister will say that the Government are considering very carefully what the Law Commission has said and will respond in due course, but we know that when it comes to radicalisation, every day can make a difference. Every day that the Government delay is another day in which poisonous ideologies, such as so-called incel culture, have a chance to spread further and do more damage to the fabric of our society. This new clause would enable us to skip the inevitable delays of Government going back and forth over an issue when the right course of action is clear to us all, and immediately tackle those who seek to spread such hate. I know that the Government may act eventually in this area, but I appeal to the Minister and other Government Members to put an end to it all—end the talk about the issues I have raised, end the delay in taking action and back the new clause.

Housing and Planning

Debate between Alex Cunningham and Rupa Huq

Tuesday 3rd March 2020 Westminster Hall

[Alex Cunningham]

There is no doubt about it; there is this bias towards owning a home, and time and again we hear MPs, particularly on the Government side, talking about that ambition. These days, however, many people, even well-paid researchers in Parliament with a second income, cannot afford to do that, so we have to address homes for rent as well.

Currently, it feels that we have piecemeal development, with half a dozen flats built here and a few houses built there. That will never address what we need, and so we have longer and longer housing waiting lists, and people are being priced out of the private sector, as the hon. Member for Glasgow East (David Linden) has just mentioned.

One way in which we can show we are taking housing and planning seriously is by empowering local authorities to strengthen their planning departments. They really need more planning officers. I think that most planning officers now work in the private sector, popping up at all these appeals that are held across the country, and of course it is the developers who win out at the end of the day. However, councils do not just need resources; they also need the confidence and the guidance from Government in order to crack on with things.

[Dr Huq]

My hon. Friend is making a brilliant speech. Does he agree that conservation officers also seem to have been cut from every council, as well as design review panels, and that beauty is being sacrificed in this transactional way?

[Alex Cunningham]

It is not just happening in the planning sector; it is happening across local authorities. My own local authority in Stockton has lost more than half its budget since 2010, so there is a shortage of expertise across the piece in local government to hold developers and other organisations to account.

I back what the Royal Town Planning Institute has argued for, which is championing civic planning, and building strong and responsive local planning authorities. The RTPI has also recommended that central Government do more by providing grants for social housing, by providing stronger direction on suitable land for housing, and by sharing more of any land value uplift with the public and using that uplift in value to fund affordable housing. The ideas are there and the hon. Member for Harborough has helped the Minister immensely.

That said, I also value the hon. Gentleman’s contribution to the ongoing debate in Parliament about how we can move forward on housing in the best way possible, and I look forward to hearing more of what he has to say in the future. However, the bottom line, which is where I have just got to in my speech, is that it is up to the Government to be prepared to take the steps to make change happen.