Police, Crime, Sentencing and Courts Bill Debate

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Department: Home Office

Police, Crime, Sentencing and Courts Bill

Baroness Jones of Moulsecoomb Excerpts
Baroness D'Souza Portrait Baroness D’Souza (CB)
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My Lords, in defending freedom of expression, which often includes offensive speech, various criteria are maintained, which largely concern the context in which the speech occurs. There are two particular aspects. The first is whether the hate speech, misogynistic or otherwise, is able to be avoided. Is there a way in which the individual can avoid the speech, for example by not turning on the radio or their text messages, or whatever it might be? The second is one that has already been alluded to by the noble Baroness, Lady Fox. It is the extent to which there is a direct relationship between hate speech, misogynistic speech, and actual harm coming to an individual woman.

The noble Baroness, Lady Kennedy of The Shaws, who is to be commended on almost everything that she does, talked about protecting thoughts. In a way, what one is doing is contradicting that by saying that if someone is thinking about delivering offensive speech that will automatically, if it is expressed, lead to action. I think there is a tiny bit of confusion here. Although I will support the amendment, there is an element of curtailing freedom of speech that we ought to be mindful of.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, recently I was going home late and I got into a cab and was chatting to the cabbie. At some point he said, “Oh, you posh young birds”. It was so inappropriate on so many levels that I did not know what to do. I did not tip him, of course. It struck me that it was not necessarily offensive—but I did object to it.

I have heard today two incredibly powerful speeches in favour of the Motion, from the noble Lord, Lord Russell, and the noble Baroness, Lady Kennedy. I do not understand why the Government have not heard this message. It is not coming from just these two people; it is coming from millions of women who experience misogyny and really do need protection. It is not enough to say, as the police often do, “Don’t wear short skirts, don’t go out after dark and don’t drink too much” and things like that. This is on a completely different level. It is about protecting women who cannot protect themselves, so I hope that the Government are listening.

I noticed that the noble Lord, Lord Wolfson, was writing very seriously during these speeches. I hope he was making prestigious notes about what was said and how important it was, and I hope the Government are listening.

Baroness Bertin Portrait Baroness Bertin (Con)
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My Lords, I support the amendment and thank the noble Lord, Lord Russell of Liverpool, for all his support on this issue. I say to the noble Baroness, Lady Kennedy of The Shaws: “What a powerful speech”.

I particularly want to reiterate the points made about police recording. I am really quite depressed that this amendment has had to be laid—depressed as a Conservative Peer, because I have been so heartened by the commitment that this Government have shown on the issue of violence against women and girls. But at the moment, on the issue of misogyny—it exists, it is there and is corrosive; it is huge, if you ask me—there is a lack of grip. There has also been a lack of leadership and accountability, in particular on the issue of recording, and that really matters.

It matters because we should not make promises at the Dispatch Box and not keep them. That picks away at the faith and trust we have in our democracy. I do not wish to make too big a point out of this, but it is important and we do notice it. It also matters because it helps victims to have much more faith in the system; it gives them confidence. We have heard that from chief constables who have voluntarily taken this approach on board. It matters because it helps them do their job as well. It helps them target their resources, understand where the repeat perpetrators are, and target the culture within their own police forces—which, as we know, is a huge problem.

I hope that noble Lords will support the amendment, as I will. It really matters. Misogyny exists, it is corrosive and it needs to be tackled, and this is a very thoughtful and reasonable approach.