Crime and Policing Bill Debate

Full Debate: Read Full Debate
Department: Ministry of Justice
This is about more than law; it is about a culture, and saying with one voice that violence is not intimacy and harm is not entertainment. This is a moment to protect women and girls particularly, because it disproportionately affects them, but as someone said in an earlier debate: a big shout-out for the fact that men are also affected by this violence and, obviously, this violent porn. We need to build an online world that reflects our values, not our worst instincts.
Baroness Gohir Portrait Baroness Gohir (CB)
- View Speech - Hansard - -

I too would like to thank the Government for these amendments, because helplines have seen a rise in non-fatal strangulation offences, and not everything gets reported to the police. We have seen a rise at the charity that I run, the Muslim Women’s Network helpline. Research shows that if a victim is subject to a non-fatal strangulation, they are seven times more likely to be a victim of domestic homicide. Analysis of the domestic homicide data shows that strangulation is one of the two main methods of killing women. I hope that the long-term trend, once these amendments are introduced, will be a decline in these types of offences being reported on helplines. I commend the Government.

Baroness Doocey Portrait Baroness Doocey (LD)
- View Speech - Hansard - - - Excerpts

My Lords, these dangerous practices of strangulation and suffocation are often used to control, intimidate and silence in domestic abuse situations. The growing normalisation of strangulation during sex risks giving abusers a veneer of acceptability and a false sense of impunity. Strangulation was the cause of death of over a quarter of the women killed between 2014 and 2025—about 550 in total. In that context, the case for criminalising such images is compelling. Mainstream platforms must be put under a duty to remove this material or face sanction.

The related amendments in this group are welcome, in order to ensure that the new offences operate coherently across England and Wales, Scotland and Northern Ireland. We on these Benches very much support this group of amendments, which sends a clear signal that such material is totally unacceptable.

--- Later in debate ---
Baroness Ritchie of Downpatrick Portrait Baroness Ritchie of Downpatrick (Lab)
- View Speech - Hansard - - - Excerpts

My Lords, I add my support to the amendments in the name of the noble Baroness, Lady Owen. Since she arrived in your Lordships’ House, she has made the issue of online abuse her passion and her life’s work, and for that I congratulate her. These amendments deal with intimate image abuse, spiking, domestic abuse and the online abuse of women, by and large. Although there are many positive attributes of the internet and online and digital technology, there are also the downsides and how it is used as a weapon of abuse. Will the Minister see what she can do with her ministerial colleagues in the Home Department to try to accept some of these amendments by way of government amendments on Report? They are worthy of inclusion in this Bill.

Baroness Gohir Portrait Baroness Gohir (CB)
- View Speech - Hansard - -

My Lords, I was unable to speak at Second Reading about the amendments to which I have added my name. I am extremely grateful to the noble Baroness, Lady Owen, for her persistence in pursuing the issues that she raised about a year ago. I highlighted the problem of sexually explicit audio recordings during the debate on her Non-Consensual Sexually Explicit Images and Videos (Offences) Bill. I am therefore thankful that she has brought forward amendments to this Bill to address audio abuse. I too admire her tenacity. I fully support everything that she has said today.

I will speak specifically about audio abuse and those amendments. Although I commend the Government on strengthening the law relating to non-consensual recording of intimate images and film, I cannot understand why audio has been excluded. It appears as though the Government wish to wait for there to be a significant number of cases before taking action, but why wait? How many cases do we need? It should surely be enough to recognise that this abuse is already occurring and that it can easily escalate further. Intimate audio can easily be captured on mobile phones. We can clearly foresee the consequences of sharing such recordings and how they can be used to humiliate and intimidate, and cause alarm and distress, because voices are recognisable. As I indicated last year, the helpline that my charity, Muslim Women’s Network, runs has had cases, and the noble Baroness, Lady Owen, gave examples of cases, so how many more do we need?

We are perpetually playing catch-up when it comes to responding to new forms of abuse. Perhaps for once we can get ahead of the problem before audio abuse becomes widespread. I want to borrow a phrase from my noble friend Lady Kidron, who said we should lay the tracks ahead of the train—or something like that. Today, time and again we have heard that the Government need to be one step ahead. The question is why they do not want to be one step ahead on so many of the amendments we are talking about today. As legislation around image abuse tightens, perpetrators will inevitably look for other avenues through which they can control, threaten and shame victims. I therefore urge the Minister to address intimate audio recordings in this Bill.

Baroness Sugg Portrait Baroness Sugg (Con)
- View Speech - Hansard - - - Excerpts

My Lords, I support the amendments in the name of my noble friend Lady Owen, which have been signed by noble Lords across the Committee. I welcome the Government’s Amendment 300 to extend the time limit for the sharing offence, which my noble friend’s amendments also seek to do.

My noble friend’s amendments on deletion, audio abuse, doxing, semen images and the definition of “taking” already aim to deal with activity that is, sadly, on the rise, and to recognise the real trauma that these activities cause the victims—trauma that sadly continues long after the initial offence. The technology around non-consensual images is very complicated, but we have some precedents where solutions have been found elsewhere. I am particularly interested to hear from the Minister on two issues: the 48-hour takedown, which we seen happen in the US, and the hash registry and hash sharing—I was grateful to my noble friend for setting out so clearly what they do. It strikes me as a bit chicken and egg here. The tech is there, but we need to demand progress in order to see progress.

Extending pre-existing domestic abuse protection orders would recognise another development that we are sadly witnessing, with perpetrators using the online world to further their abuse. Taking this opportunity to extend the scope of domestic protection orders will help stop this form of abuse and reflect the reality of the digital age that we are living in.

Technology is rapidly evolving, as we have heard in the example of audio abuse. It is a challenge to ensure that our legislation continues to be fit for purpose, but that is what these amendments seek to do, and in some cases to future-proof it as well. Non-consensual intimate images are an escalating harm. These amendments address critical operational gaps and work towards the systemic protection that we should have in this area.

Crime and Policing Bill Debate

Full Debate: Read Full Debate
Department: Home Office
Lord Pannick Portrait Lord Pannick (CB)
- View Speech - Hansard - - - Excerpts

The noble Lord, Lord Marks, the noble and learned Lord, Lord Garnier, and the other speakers have established that there is a very real mischief here. My concern is about the width of this amendment. If it is going to be brought back on Report, either by the Minister or by the noble Lord, Lord Marks, it really needs to be more specific. It is very broad in the concepts it uses, such as the concept of “psychological harm” and whether

“the behaviour was in all the circumstances reasonable”.

It seems to me that the mischief here is people who provide psychotherapy or counselling services in bad faith or dishonestly, and we need to have an amendment which more specifically addresses that mischief. The French legislation to which the noble Lord, Lord Marks, referred was much more specific and tailored than what we have here.

Baroness Gohir Portrait Baroness Gohir (CB)
- View Speech - Hansard - -

My Lords, I was not going to speak on this amendment, but the noble Lord, Lord Marks, and the noble and learned Lord, Lord Garnier, have inspired me to speak. I support the amendment and would add another set of people who do exactly the same: spiritual faith healers. They do coercive and controlling behaviour and target the most vulnerable. They do all the things mentioned. In certain minority ethnic communities, they will target vulnerable women, for example, and take large amounts of cash from them. I do not expect noble Lords to amend this proposed new clause to add those sets of people, because they obviously want to maximise their chances of getting their clause through, but they have inspired me to think about replicating their amendment and perhaps proposing it for future legislation. So the Minister can expect a letter from me to discuss this further—which also amounts to spiritual abuse.

Lord Davies of Gower Portrait Lord Davies of Gower (Con)
- View Speech - Hansard - - - Excerpts

My Lords, I thank the noble Lord, Lord Marks of Henley-on-Thames, and my noble and learned friend Lord Garnier for tabling this considered amendment. Controlling or coercive behaviour is currently legislated against if the offender is or has been

“in an intimate or family relationship”

with the victim. This amendment uses the framework of Section 76 of the Serious Crime Act 2015 and applies it to offenders providing psychotherapeutic or counselling services.

I understand the reasoning behind the noble Lord’s amendment. The original offence is in place because being in an intimate or familial relationship puts both parties in a unique position of proximity. These positions of trust carry a heightened risk of becoming exploitative, and thus legislation exists to recognize this. Psychotherapy and counselling services carry a similar risk; they put patients in extremely open and often vulnerable positions as they entrust the provider with their confidence. Controlling or coercive behaviour becomes more likely given the power dynamics in these relationships and I see no reason why, in principle, the law should not extend past protecting familial or intimate relationships to encompass certain intimate services.

This conclusion is backed up by recent research into mental health services. Earlier this year, the University of Hertfordshire found more than 750 incidents of violence and coercion by staff. These include instances of verbal abuse, intentional neglect and even cases of physical violence. I do not intend to extrapolate from that study and make it seem as if it represents the entirety of our mental health services—I hope it does not. This is an under-investigated area and we do not yet know the scale of neglect in our services, but the most serious conclusion that can be drawn from it is the fact that, of these 750 offences, only four official complaints were made and, of those four complaints, a single one was upheld. Whether the reason for that was ignorance of reporting mechanisms, intimidation by staff or the inexistence of the legal means, it represents a failure of the system.

The least we should do as legislators is promise to further examine the reasons behind those failings: something I hope the Minister can assure us the Government will do. If the Government conclude there is a gap in the law, and that vulnerable people attending psychotherapy or counselling services are being controlled or coerced without the legal means to get justice, I hope that they will consider the amendment in question.

Crime and Policing Bill Debate

Full Debate: Read Full Debate
Department: Home Office
However, I believe that explicit reference to honour offences sends an important message to relevant communities that, far from being a mitigation for crimes of violence, in our society it actually aggravates the offence. Many victims, who are often black, minority or migrant women and girls, still do not report abuse, believing that the system will not recognise their situation. Their experiences are minimised and misread by those in a position to help them. Fitting honour-based abuse into existing laws fails to tackle these unique issues or drive the real change that is so desperately needed.
Baroness Gohir Portrait Baroness Gohir (CB)
- View Speech - Hansard - -

My Lords, I declare my interest of CEO of the Muslim Women’s Network UK. We have a helpline and we deal with honour-based abuse cases.

While I support in principle the introduction of a statutory definition of honour-based abuse, it is essential that the Home Office concludes its work on the definition. I am part of the advisory group on this, alongside many other stakeholders. We must ensure that a final version is workable and fair, and includes statutory guidance, as recommended in Amendment 355.

However, I oppose the definition that has been put forward, although I appreciate that the noble Baroness, Lady Sugg, has suggested it to create debate and discussion. I have a number of concerns. While I appreciate that a number of organisations have put their names to the proposed definition, I suspect that many have not gone through it line by line, as we do in here, and probably just accepted it at face value without thinking about whether it is applicable in law.

First, the definition lists types of abuse that could be motivated by shame. However, I note that stalking and harassment, which are specific offences under the law, are not mentioned and could be motivated by honour, particularly when a victim has escaped from the family or partner and attempts are made to track down, contact and bring back the person. Also, non-fatal strangulation and suffocation are not included in the list, and I would like to see them included.

Secondly, what does the wording actually mean when it refers to

“the perceived norms of the community’s accepted behaviours”

and the community being “shamed”? What do we mean by “the community”, “perceived norms” and “accepted behaviours”? This has to be legally clear for it to be applied. What community are we referring to? The use of this word has not been challenged for decades; we just blindly accept that terminology.

Let us take Birmingham, the city where I live. It has a population of more than 1 million. More than 500,000 are from a minority ethnic background; let us delve deeper into this population. Around 190,000 are from a Pakistani background, 20,000 are Arab, 66,000 are of Indian heritage and 17,000 are of Somali heritage —I could go on with that breakdown. If somebody commits an honour-based abuse crime in Birmingham, are we then suggesting that all those communities—for example, the 190,000 Pakistani community, including myself—are shamed by that crime? Well, that is not true: we would be stereotyping the whole community, and the communities are so diverse.

Even if we amended the wording to “the perpetrator and/or their family feeling they have been shamed or will lose honour and respect within their community”, tens or hundreds of thousands of people will not know who they are. A more accurate description, in my opinion, would be to cite “perpetrators’ perception of being dishonoured among their family and their social circle and their kinship group”.

By using this description, the honour-based abuse definition could even have a wider application. While this type of abuse is mostly associated with minority ethnic communities, honour-based abuse can occur in other contexts, even if to a much lesser extent. For example, it can happen in white, non-minority contexts too, particularly with the rise of toxic masculinity and the manosphere. Violence could be justified as “She embarrassed me”, and “She shamed me”. Then, abuse is committed for that reason. It could also be applied to gang-related contexts where violence is sometimes used to restore and protect honour.

I now turn to “accepted behaviours”. How will this be interpreted in law? This wording opens up the definition to subjective interpretation, risking inconsistent application. Legal risks could include prosecutors struggling to prove a motive beyond reasonable doubt. The defence could argue alternative motivations such as control, jealousy and anger. We must also ensure that those applying a legal definition are provided with clear guidance when any form of abuse is motivated by honour and shame: otherwise, automatic assumptions cannot be made that abuse is motivated by shame and honour just because the perpetrator is from a particular background, for example from a south Asian background. Evidence will be needed to justify why that motivation is linked to honour. As accepted behaviours may vary, it would be wise to list some key ones if it is not possible to provide an exhaustive list.

The very last part of the definition talks about the perception of shame preventing a victim accessing support and help. If honour-based abuse is going to be used as an aggravating factor to increase sentencing, this part needs to be strengthened further. This section needs to be linked to the behaviour of the perpetrator. Instead, it should be framed as where the perpetrator exploits concepts of shame and honour through threats, intimidation, coercion or blackmail, to prevent or deter the victim from seeking support, protection or assistance. An example of this is using intimate images to prevent a victim from speaking out by threatening to share those images.

Putting all of that together, I propose the following definition, some of which could be put in guidance. Honour-based abuse is an incident or pattern of abuse where the perpetrator is motivated by their belief that the victim has caused or may cause them and/or their family to lose honour or respect within their social circle or kinship group because of behaviours that are perceived to bring shame to them that may include: choosing one’s own partner; refusing a forced marriage, female genital mutilation or other harmful practices; having premarital sex, a relationship or pregnancy outside marriage; having interfaith, interethnic, intercaste relationships; ending a marriage or seeking divorce; having LGBTQ+ identity or relationships; seeking education or employment against family wishes; not dressing or having an appearance according to family expectations; having friends of the opposite sex; refusing family control over decisions; disclosing abuse and seeking help; and acts of betrayal within gang-related relationships.

Types of abuse may include: physical or sexual abuse; violent or threatening behaviour; stalking and harassment; non-fatal strangulation or suffocation; controlling or coercive behaviour; economic abuse; spiritual or faith-related abuse; psychological and emotional abuse; isolation; harmful cultural practices such as forced marriage; and intimate image abuse, especially in relation to silencing victims. The definition is long, some of it could be in guidance, and it would need tweaking.

I turn to Amendment 354, which proposes making honour-based abuse an aggravating factor for sentencing purposes. I would support the amendment once we have defined honour-based abuse. I too acknowledge the long-standing campaign called Banaz’s law to get this very law passed. Banaz Mahmod was murdered by her family in an honour killing in 2006. Her sister, Bekhal Mahmod, has been campaigning to have honour-based abuse become a statutory aggravating factor in sentencing. She is supported by Southall Black Sisters in her campaign, and I hope the Government will join us in acknowledging its campaign and hard work. I look forward to hearing from the Minister whether the Government are committed to adding a definition of honour-based abuse to this Bill.

Lord Blencathra Portrait Lord Blencathra (Con)
- View Speech - Hansard - - - Excerpts

My Lords, I completely agree with all these proposed new clauses, which are long overdue. I congratulate my noble friend Lady Sugg on her excellent exposition and the noble Baroness, Lady Doocey, on her strong support.

I want first to criticise the term “honour-based abuse”, since there is nothing honourable about it. The term was invented by the perpetrators to make their actions seem more honourable than they were. In reality, these acts are abusive and destructive, involve the horrible murders of girls and women, and are morally wrong and thoroughly evil. I understand that, in an ideal world, we would have different terminology; however, as we are not, we probably cannot change the name now, since it is widely used and understood, including in law. Still, calling it what it is helps us refute the false framing that protects abusers as if they were doing something decent instead of evil.

What is the extent of the problem in the United Kingdom? It is estimated that at least 12 so-called honour killings occur in the UK each year, which averages out to at least one woman or girl murdered per month. The exact number is not known, as these crimes are often hidden and underreported. The figures provided by excellent charities such as Karma Nirvana are expert estimations; I congratulate them on the superb work they do, and I wish Karma Nirvana well in developing its national e-learning modules. The actual number of cases is widely believed to be much higher, because, as I said, many go unreported or are misidentified by authorities. Some police forces simply do not want to add that label, for the same misguided reasons that they covered up the rape of children in certain communities.

This is not a cultural problem to be tolerated or explained away. Since at least one girl or woman is murdered every month in this country, we can imagine that many thousands of other abuses, less than murder, are occurring. They can include physical assault, emotional and psychological control, forced marriage, female genital mutilation, and sexual violence—up to murder itself. Victims are often isolated and silenced by those closest to them. The abuse can be carried out, as we have heard from noble Baronesses, by multiple family members or by members of the wider community. The honour-based abuse includes violence, murder, threats, intimidation, coercion and other forms of abuse carried out to protect or defend the perceived honour of a family or community.

Honour-based abuse is not a private family dispute; it is a serious human rights violation. It strips people of their autonomy, their choice and their safety. As it is hidden, many victims never reach out for help. When they do, they need responses that are informed, compassionate and co-ordinated, and they need to be taken seriously by the police, education authorities and the health service.

Despite some excellent initiatives being taken by the charities and the Home Office, I feel we are still talking about it sotto voce. We all need to denounce aspects of honour-based abuse for the evil that it is and not tolerate excuses—that it is mandated by some people with a perverted misinterpretation of religion and practised by ignorant people.

I turn to my Amendment 355A. The College of Policing already provides extensive guidance on how to identify honour-based abuse. Officers are advised to look for a wide range of indicators: control of movement, restrictions on communication, coercive family behaviour, fear, anxiety, unexplained absences, threats of being taken abroad and the collective involvement of extended family members. I have just read out a small selection; I believe that the college has about 15 different indicators that tell police officers, “These are things you can look for that might add up collectively to honour-based abuse”. If one wants a definition, one can look at the College of Policing indicators and the suggestions from the noble Baroness, Lady Gohir—and there you have a definition of all the factors that could encompass honour-based abuse. The college’s guidance is detailed, thoughtful and clearly written; it recognises that honour-based abuse is not a single incident but a pattern that is often hidden, often escalating and often involving multiple perpetrators acting together.

However, after setting out all these excellent warning signs, the guidance stops short of the critical next step. It tells the professionals what to look for but gives them no instruction on how to record what they have found. There is no requirement to flag up an incident as honour-based abuse. There is no standardised data field, no multi-agency reporting framework and no clarity on whether a case should be logged as domestic abuse, forced marriage, coercive control, child safeguarding or all the above. In short, the system trains police officers to recognise honour-based abuse but then leaves them with no mechanism to ensure the system itself recognises it.