Protection of Freedoms Bill

Baroness Brinton Excerpts

Tuesday 6th December 2011 Lords Chamber

[Baroness Howe of Idlicote]

My Lords, I fully support the amendment of the noble Baroness, Lady Royall of Blaisdon, which aims to incorporate the same law against stalking in English and Welsh law that already exists in Scotland. The campaign to establish a law against stalking in Scotland was launched in March 2009 by Ann Moulds, who was herself a victim of stalking, and other supporters. These efforts led to two clauses being inserted in the Criminal Justice and Licensing (Scotland) Act 2010.

It is particularly significant that the Scottish campaigners decided not to press for a version of the Protection from Harassment Act 1997—the current law in England and Wales. As we have already heard from the noble Baroness, Lady Royall, a similar position was taken in September 2011 by the Swedish Government. Their decision was taken on the grounds that the 1997 Act does not in practice contain sufficient powers to deal with the increasingly complex crime of stalking. In their view, harassment covers everything from rows between neighbours to domestic disputes but omits to recognise stalking behaviour per se. Stalking, they argued, is quantifiably different from harassment in law, not least in its increasing use of modern technology, particularly the internet, for what is now known as cyberstalking. It is all too easy for a stalker to reinvent himself as somebody else making inquiries about his victim. That has opened up a whole new area.

The campaign in Scotland was launched at a meeting in Ayrshire. It gathered momentum during that year and involved lobbying MSPs, officials, pressure groups, government departments and third-sector organisations over a 12-month period. During the 10 years to 2010, Ann Moulds estimated that no more than 70 cases of stalking were successfully prosecuted under British legislation. However, since the introduction of the new Act in Scotland, there has already been a number of prosecutions in Strathclyde alone in the first four months, as we have heard.

The campaign to establish a stalking law and offences of causing fear and alarm was achieved in a remarkably short period. The campaign ran for roughly a year and led to all-party agreement on legislation. The legislation has the support of the police, who have adopted operational guidelines to ensure that police are aware of stalking and harassment behaviour and take appropriate action. Again, as has been stressed, much more training will be needed.

Since the Scottish Act took effect, the number of prosecutions has visibly increased, with the vast majority of those prosecuted pleading guilty. The experience of Ann Moulds and other victims prior to the introduction of the legislation was the same as in England and Wales: namely, a feeling by victims—the vast majority of whom, as we have heard, are women—that the crimes were not taken seriously and that there was underreporting and underrecording, a lack of confidence in the justice system and a failure of the state to provide proper victim advocacy.

The seeds of the English and Welsh campaign are already being sown. We owe a tremendous amount to Harry Fletcher of Napo and Laura Richards of Protection Against Stalking. Among other things, they have encouraged the setting up of a cross-party group of parliamentarians who have taken evidence for the past few months. We hope that a report will be produced in the new year that will speed up decision-making on the legislation that we need in this country.

Stalking is a dangerous and often vicious crime that causes not just immense concern but a huge amount of damage to the individuals involved and all their family. Violence plays an inevitable part, particularly if early action is not taken. Other forms of psychological harm are used the whole time. I hope that if not today then on Report we can debate the issue in much greater depth and, I hope, reach the same conclusions as in Scotland that such a law is certainly needed urgently in England and Wales, too.

[Baroness Brinton]

My Lords, it is frequently said that one of the strengths of this House is its expertise and experience. However, I am afraid that I have some unwelcome experience in this area that colours my views about the effectiveness, or otherwise, of the Protection from Harassment Act 1997 and the stalking Act in Scotland on which Amendment 70 is based. I had the misfortune to be the target of a sustained, three-year criminal campaign that included a number of stalking and harassment incidents, as well as criminal damage, which was waged by my Conservative political opponent Ian Oakley when I stood for Watford at the 2005 and 2010 general elections.

It started in the run-up to the general election of 2005 when posters with my name had very unpleasant swear words painted on them in large letters. To spare noble Lords' blushes, I will refer to the C-word, the WH-word and the B-word. They were so graphic that at the sentencing of the perpetrator they were not read out in court. Although it was unpleasant, the police and my team felt that it would stop when the 2005 election was over—at this point we did not know who was doing it.

Sadly, that was not the case. Over the next three years, the individual's campaign escalated to include repeatedly sending me and mainly six other individuals gay and lesbian literature, including very unpleasant and increasingly hard-core pornographic material, making repeated silent telephone calls, particularly late at night after I had gone to bed, and sending a large number of untrue and very unpleasant letters first to party supporters and then increasingly to neighbours and random members of the public. I often felt that we were being watched, and I certainly did not like being on my own.

The perpetrator continued the campaign of minor criminal damage, which also escalated from breaking car wing mirrors and fence-posts to repeatedly slashing tyres on people’s driveways—not just one tyre but three or four on each car on a driveway, and done with, the police told us, a large nine-inch knife. The nature of the letters, notes and fake leaflets became more offensive and sexually explicit, which was very distressing.

Here I want to raise the issue of stalking of men. Well over 80 per cent of victims are women and the public are often unaware that men are targeted too. My close friend and colleague, a local councillor who became the second principal target in Watford, was at the receiving end of really vicious treatment in the same campaign. He was targeted simply because the perpetrator did not like the idea of a Liberal Democrat councillor in what had previously been an exclusively Conservative ward. His neighbours received anonymous letters saying that he had not paid his ex-wife’s maintenance—he is still happily married to his lovely first wife. A few months later his neighbours and some random members of the public received letters saying that the councillor was a convicted sex offender. A letter a few weeks later “named” the little girl and the effect this was having on her family. The whole thing was pure fiction. But those who did not know him said to me, “There’s no smoke without fire”, even when told it was not true. It affected him, his wife and his adult children. This was typical of the power that stalkers try to gain over their victims through using other people near and dear to them and, sometimes, complete strangers.

As the main target, and because I was the parliamentary candidate, I co-ordinated the reporting of all these events, because in the early stages we could not get the police to take them seriously. Surveys of stalking victims show that often they suffer 100 incidents before they go to the police or can get the police to take it seriously. So it was in our case. Only when I collated all these so-called minor incidents and put them in a spreadsheet with dates, times and locations—and often one incident covered actually eight incidents of criminal damage—did the police recognise that this was more than, in their description, occasional interparty political games but was a determined and sustained campaign by an individual.

When the tyre slashing started, the police attitude changed completely. Their profiler said that the next step would be danger to people and we were warned and trained how to deal with any future events. This included saying a code word—“Operation Tuition”—when ringing about an incident so that anyone taking our call in the police control room would alert detectives immediately. This worked for a bit, but as personnel changed so the vigilance dropped, and on at least two occasions the perpetrator could have been caught if control had responded as originally intended.

My husband installed around a dozen CCTVs at the homes of the main targets, including ours, at his own personal cost and time, in an attempt to get the perpetrator's fingerprints. The targets and our families, including my teenage children, already alarmed at what was going on, were taught to use police-issue gloves to pick up anything posted through our doors.

Following an incident where my husband took a photo of the perpetrator when he was being very aggressive to me and two councillors one day, the police were able to use the photo and subsequent CCTV of a graffiti incident to link him to the vandalism, and at last, in July 2008, he was caught. Thankfully, given the weight of the evidence, he pleaded guilty to seven specimen charges: five of criminal damage and two of harassment. He asked for a further 68 to be taken into account. Another 80 or so incidents—including a large number stalking/harassment ones—were not even included.

Our case was typical of this kind. Having got some evidence, the police and the CPS wanted to close it down quickly, for which I have some sympathy. This meant that they used the incidents with forensic evidence for the charges, but stalking and harassment is harder to prove. In fact, in law, an “index” crime such as GBH or ABH will at present cancel out the need for the harassment even to be logged. This must be changed as it is making stalking and harassment invisible. We also need a higher sentencing tariff than is currently available under the harassment Act.

It may be peculiar to say this, but I was lucky—lucky because I was not on my own. With six other colleagues—five councillors and a candidate—who were also targeted by this man, and dozens of supporters having criminal damage to their properties or receiving extremely unpleasant literature about me or my colleagues, we were able to band together as a little team and support one another. Most victims of stalking are on their own. They do not have the benefit of knowing how to explain to the police or of having local newspapers, such as the Watford Observer, taking them seriously and refusing to publish the repeatedly really offensive letters about me. It is therefore essential that more support and advocacy is available to victims of stalking, especially those struggling on their own.

--- Later in debate ---

I appreciate that some campaigners believe that, simply because stalking is not specifically mentioned in the 1997 Act, practitioners do not always realise that the Act can be used to tackle stalking and fail to take the appropriate action to deal with it. This amendment would undoubtedly help to put a definition of stalking into statute. I can see that it has that advantage, and arguably that might assist in raising the profile of the legislation in relation to this very serious criminal behaviour. That is obviously a factor that we should take into account. However, I reassure the House that legislation does currently exist to cover this criminal behaviour and that, as I made clear earlier, the work that we are doing with the police and the CPS means that they have guidance on the 1997 Act, which sets out that stalking and cyberstalking are covered by the Act.

[Baroness Brinton]

Would my noble friend not accept that the increase in reported cases and convictions in Scotland since the introduction of the 2010 Act shows that the present guidance under the Protection from Harassment Act is insufficient?