Baroness Doocey
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(1 day, 7 hours ago)
Lords Chamber
Lord Pannick (CB)
My Lords, I support the noble Baroness’s amendment for the reasons she gives and for a further reason, which is that I deprecate the practice of Ministers of all Governments of not bringing into force legislation which has been enacted by Parliament. Parliament intends legislation to come into effect; otherwise, we are wasting our time debating and approving it. Parliament enacts legislation to address a mischief, as, in this case, the mischief that the noble Baroness, Lady Brinton, has identified. Of course, I understand that sometimes time is needed to prepare for the effects of legislation, perhaps because implementing regulations are needed, but after two years, it is high time for this legislation to come into force.
My Lords, this amendment exposes the indefensible gap between Parliament’s clear intent and women’s lived reality. The new offence was deliberately framed to capture deliberate, targeted and deeply damaging conduct, with a suitably serious maximum penalty, but without commencement, there are no consequences for offenders and no visible progress for the public. The Government’s delay sits uneasily alongside their stated ambition to halve violence against women and girls, particularly given previous assurances that implementation would follow swiftly as part of their wider strategy.
From these Benches, the message is simple: Parliament has already done the hard work in legislating; what is now required is immediate commencement, not further consultation or prevarication, so that this cross-party achievement can finally begin to offer real protection on the streets and in public spaces.
Lord Cameron of Lochiel (Con)
My Lords, I am very grateful to the noble Baroness, Lady Brinton, for moving this amendment, which, as she says, seeks to accelerate the commencement of the 2023 Act. The intention behind the amendment is clear and wholly understandable: to ensure that victims of sex-based harassment benefit from protections that Parliament has already approved, and to do so without further delay.
Without doubt, there is a shared desire across this House to see individuals, particularly women and girls, better protected from harassment in public spaces, and while I entirely understand that commencement provisions often involve important practical and operational considerations, including the readiness of policing and guidance frameworks, and that there has to be an explanation of the implications of altering the timetable set out in the original Act, we on these Benches recognise the motivation behind the amendment and the concerns that it seeks to address.
If the Government do not agree with the amendment, we look forward to hearing from the Minister what progress there has been towards commencement and whether the approach proposed here would assist the effective implementation of the Act’s provisions.
My Lords, I support Amendment 316 from the noble Lord, Lord Black of Brentwood. Unfortunately, the noble Lord, Lord Pannick, has just taken my entire speech away from me, so I will not quote Coke’s. I thank him for what he has said. He is a lawyer and he has tried to help with this.
On the point of this amendment—I declare an interest as a vice-chair of the APPG on Cats—the noble Lord, Lord Black of Brentwood, has our support on animal welfare, and indeed he has been driving this for a number of years via a number of APPGs. So the essence of what he is trying to do is right. The comments that the noble Lord, Lord Pannick, made are helpful: perhaps when we get to another place, we will have a better-worded amendment that carries more support.
For me, the reason I am supporting this is because of the animal side, but there is evidence that the abuse of animals leads to abuse of children. That link is clear, and there is evidence from everywhere that that is where it starts, but it ends with children and young people.
That is why this amendment, difficult as it is to speak about, is vital. When the evidence is there of a cause leading to a different cause that is worse, the amendment should get the support of this House and the Government. The noble Lord, Lord Blencathra, is right; he is trying to right a wrong and he understands the points of law. His principle is right: this does need resolving, and it is an important issue to animal lovers. Lots of animal lovers in this country have no idea that this is going on around them. The noble Lord, Lord Pannick, may be right, in that some of the people in question are poor people who are not part of society; but there are also those who kill animals for videos and live feeds, to be watched for money. That is going on all around the world; it is not just an English problem.
There is a bigger picture. This is not just about an unfortunate person abusing an animal; like everything else in today’s debate, it is a wider society problem. I hope that people approach this with the gravitas it deserves. Animal abuse is one thing; but transferring that to children and young people is equally important. That is why I support the amendment.
My Lords, this group of amendments reflects the realities that the police, the NCA and child protection agencies now face, with children being coerced online into self-abuse, harming siblings or even abusing their family pets under pressure to provide images or live streams as proof. The overlap between child sexual abuse—as the noble Lord, Lord Black, has so clearly demonstrated—offline offending and animal cruelty is now recognised in safeguarding and law enforcement practice. It comes alongside a wider surge in online animal abuse content, in which abuse is staged, filmed and shared for attention or gratification. Strengthening the law on animal sexual abuse so that it reflects how this behaviour is perpetrated and disseminated online is therefore necessary and overdue.
Two points are critical. First, terminology matters. Animal sexual abuse is now used in policing and safeguarding precisely because it captures a wide range of exploitative conduct that is formed, traded and used to control and terrorise victims, including children. Narrowing the language risks opening loopholes that offenders will exploit. Secondly, these reforms need to go hand in hand with better investigation, data sharing and sentencing so that the growing volume of image-based offending against children and animals results in real accountability rather than just statistics.
The sexual abuse of animals and the use of such material within wider abusive networks, which is reprehensible, must now be treated with the seriousness the evidence demands.
Lord Cameron of Lochiel (Con)
My Lords, I thank my noble friend Lord Black for his contribution this evening and for his amendments. I welcome the moving of Amendment 316.
As others have said, animal sexual abuse is one of the cruellest acts imaginable. It sees the taking advantage of defenceless creatures, often by those who are expected to be caring for them, and shows complete disregard for living, conscious, feeling creatures who frequently become damaged, traumatised and often die as a result of ASA. I wholeheartedly agree with all noble Lords that it is an offence that deserves to be dealt with using the full force of modern law. The amendment would ensure that the law reflects the severity of the crime. As has been outlined by other noble Lords, applicable legislation is currently fragmented and often parochial. At present, too many offences fall outside the scope of prosecution and the legislative framework is not reflective of the current reality.
I will not repeat all the statistics presented in my noble friend’s excellent opening speech, but it is worth emphasising a couple of his points. The first is the connection of ASA with child sexual abuse offences, general sexual offences, domestic abuse and coercive and exploitative behaviour. As was demonstrated, there exists empirical evidence that proves this correlation. In the United States of America, for example, nearly one-third of ASA offenders have also sexually offended against children and adults. In the UK, 71% of domestic abuse victims have reported that the abuser also targeted pets. There is clear evidence that certain offenders commit similarly related crimes.