Stalking Protection Bill

Baroness Brinton Excerpts

2nd reading (Hansard): House of Lords
Friday 18th January 2019 Lords Chamber

[Baroness Brinton (LD)]

My Lords, I thank both the noble Baroness, Lady Bertin, and Sarah Wollaston in another place for bringing forward this Private Member’s Bill, which continues to improve the tools available to the criminal justice system to deal with the scourge of stalkers.

I will start by responding to the noble Lord, Lord Low. I have sympathy with the principle that any law can be abused, but the evidence that victims of stalkers—even the handful who might be malicious—are causing a problem for the current stalking law arrangement is absolutely unfounded. Working with the charities and many individuals who are fighting for the rights of victims of stalking, we still find that the problem is that the police, the CPS, and the criminal justice system more widely do not take seriously the issue of stalking. I am sure that the bar is still set high enough for some of the concerns set out by the noble Lord, Lord Low, to become apparent during any police investigation and in a court examination.

I am very grateful to the Minister for agreeing to meet in advance of today, and I have already warned her about some of the points I want to raise. As other noble Lords have said, the most urgent thing is to get this Bill through its various stages and Royal Assent, so that it can be on the stocks and available as a tool.

I start with a point about what stalking actually is. The noble Lord, Lord Low, referred to Clause 1(4)(b). The definition, as outlined by other noble Lords, is absolutely clear: it is contact that is unwanted and unsolicited; the effect of the contact is to cause stress, alarm or anxiety; and it occurs on at least one and usually two or more occasions. The average number before a complainant goes to the police is still in the tens, so when they arrive at a police station, having rung in, there is already a clear history of a perpetrator’s behaviour towards them.

I pay tribute to the Susie Lamplugh Trust, Paladin, Action Against Stalking and individuals such as Tracey Morgan, who after more than two decades is still facing the consequence of her stalker not obeying the law and for whom, frankly, even a stalking protection order would not do the trick because other attempts have been made. Stalkers are fixated. The idea of behavioural therapy is right and important, but the really malicious stalkers are fixated people for whom it is almost impossible for their behaviour to be changed by the criminal system on its own. That is something that we as a country need to face up to.

I shall ask the Minister three or four points about the Bill. Clause 2(2) states at the end:

“only if satisfied that the prohibition or requirement is necessary to protect the other person”.

Can the Minister confirm that it is not just the other person, it is their family, their work colleagues and others? Some of your Lordships know that I myself was a victim of harassment and stalking, along with my colleagues, including, at the latter stage, my noble friend Lady Thornhill. My worry is that it will be a bit like a game of snakes and ladders. You might have a stalking protection order in which a particular victim is named, the person starts on another member of their family and you have to go right back down to the beginning of the process and start all over again, when we all know that stalkers tend to find others in order to affect their principal target, even if indirectly.

Although the victim is rightly not involved in the process of establishing a stalking protection order, will the victim’s voice be heard by the magistrate at a magistrates’ court? By the time we get to a stalking protection order there are likely to be witness statements, if not court transcripts, for what has happened to the victim. If someone has already been convicted—I am afraid that this is all too common; stalkers keep coming back—there will have been a victim statement prior to sentencing. It is important that magistrates understand the impact on the victim of the stalker’s behaviour.

The definition of both the stalking protection order and the interim order in Clause 2(3)(b) and Clause 5(4)(b) states:

“Prohibitions or requirements must, so far as practicable, be such as to avoid”,


interference with work. I am reminded of the case of Clare Bernal, who was murdered at Harvey Nichols. Sometimes work colleagues are the stalkers. I seek reassurance from the Minister that it would not be possible to trump stalking activity by saying, “I have my right to go to my place of work”—or church or educational establishment.

In Clause 10(5), the list of items that the police officer can take after a stalker has notified that they have moved into an area, there is one notable omission: DNA. It is fine to,

“take the person’s fingerprints … photograph any part of the person, or … do both of these things”,

but in this day and age, where stalking has often been a repeated habit over a period, DNA is a tool that the police can use and have used. It might be available and important. Again, I cite the case that I was involved in. We know that he licked envelopes. Although he wore gloves so there were no fingerprints, there was DNA on envelopes, which would have been a tool to enable the police to move very quickly.

I am also concerned more generally. I echo many of the points made by the noble Baroness, Lady Royall; she and I have been here from the start of the stalking inquiry and the initial Bill that went through your Lordships’ House in 2011-12. It is all too easy for the CPS to downgrade stalking to harassment because it has more confidence in that charge getting through the courts and ending in a conviction. I ask for confirmation that the granting of an order would not halt, diminish or delay ongoing police investigations, because we know that there is evidence of the police using police information notices instead of investigation in some cases as a way to put a shot across somebody’s bow. The point is that stalking is a completely different order of offence.

I echo the comments made by the noble Baroness, Lady Royall, about mandatory training for the police and everybody involved in the criminal justice system. Often, police officers are not the people taking calls in call centres. The initial conversation must be handled by somebody who understands the difference between someone being bothered by somebody who will not go away when they keep asking them out and someone saying that for the past 10 days somebody has repeatedly harassed them on social media, been to their door or sent them letters. It is important that everybody in the criminal justice system knows and understands this. The courts need that mandatory training as well.

Finally, I echo the points made by the noble Lord, Lord Wasserman, about GPS technology. It is not used just in the criminal justice system now; for example, the Neatebox app is used at Edinburgh airport, so that as disabled passengers arrive they are greeted by staff who can find them because they can identify where they are. It seems that the old idea of a panic button in the house is superseded somewhat by technology, which must be a tool for the criminal justice system.

In summary, I am sure that some cultural issues cannot be addressed in the Bill, but I believe firmly that we need to move forward with it as fast as we can to get it on the stocks.