Police, Crime, Sentencing and Courts Bill

Baroness Kennedy of Shaws Excerpts

Report stage
Monday 17th January 2022 Lords Chamber

[Lord Winston (Lab)]

My Lords, I hope the noble Lord does not think I am being discourteous to the House by making a short intervention in this important debate. We have to be very careful about legal definitions of sex and gender. Primarily, the definitions are not legal but are in fact biological, as I have said in this Chamber before. That is a problem. That is one of the reasons why I agree with what the noble Baroness, Lady Fox, just said. For example, we have to understand that there are situations in which there might well be problems with—whatever you call it—misogyny or hate. Take a transgender woman who was originally assigned as a male and still has the genes of a male, and possibly some of the hormonal function of a male, who competes in a sporting event. That is a difficult issue that has not yet been properly dealt with. Clearly, it is quite likely that from time to time those sorts of situations will cause considerable anger, hostility and all sorts of effects that might be an offence under the Bill. We at least need to record that and decide how we deal with it.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I support the amendment, and I want to deal with one or two things that have come up in this discussion. The noble Baroness, Lady Noakes, suggested that the evidence base is very thin. The evidence base of women receiving threatening and abusive behaviour and sometimes assault, accompanied by expressions that make it very clear that it is directed at them as women, is substantial. I have just been receiving evidence for a working party in Scotland, and over this past year it has been shocking to see the extent to which this is a serious problem for girls and women. It should not be underestimated, and of course it is accelerated by social media, which is encouraging the kind of verbal assault that is so disgusting and disgraceful that it is hard to imagine women and girls having to deal with it in their daily lives. It really is endemic, so I do not think that what we are trying to do here can be minimised.

As for suggesting that we introduce a complicated debate about the comparatively very few women who are trans women and might be included in this, that seems just extraordinary to me. It is a diversion from the fact that women, who make up more than 50% of the population and are not a minority, are experiencing this on a daily basis. Let us get real about it.

The noble Baroness, Lady Newlove, has pointedly made something part of her amendment. She says that the focus of this is on the perpetrator. How does it come about that an aggravation is used? It is because there is evidence, in addition to the evidence of a regular crime, that it has been motivated by antagonism and hatred towards women.

Of course, misogyny is wider than simple, old-fashioned hating. It is about a sense of entitlement, usually by young men, towards women and their bodies. The ways in which women have to experience verbal nastiness of a high level undermine their self-confidence and self-expression, so this is really damaging in our society. The noble Baroness, Lady Fox, says it is a nonsense to suggest that this leads on to more grievous crime. I am afraid that it is not a nonsense, because we know that it normalises certain kinds of behaviours that then go undetected by the police.

I really want us to think seriously about how we stop this happening. When women say this has to stop, what is the answer? A misogynistic aggravation is not the answer; it will not solve all the problems, but it is a starting point to let women know that misogyny is taken seriously by the legislature. That is why I support this amendment to the Bill.