Domestic Abuse Bill

Baroness Watkins of Tavistock Excerpts

Report stage
Wednesday 17th March 2021 Lords Chamber

We will be able to deliver the strongest possible protections for children through the online harms framework, rather than Part 3 of the Digital Economy Act. I hope that I have provided some further reassurance that Amendment 87A is not necessary. The Government have demonstrated their strong commitment to protecting children online, a point which ran through all the contributions in this debate. I hope that, on that basis, the noble Baroness, Lady Benjamin, will be willing to withdraw her amendment.

[The Deputy Speaker (Baroness Watkins of Tavistock) (CB)]

My Lords, I have received requests to ask a short question from the noble Lord, Lord McColl of Dulwich, and the noble Lord, Lord Morrow. I call the noble Lord, Lord McColl of Dulwich, to ask a short question for elucidation.

[Lord McColl of Dulwich (Con) [V]]

The Minister has continued to suggest that it will take a long time to implement Part 3. Why would that be the case if the Government used the BBFC as the regulator, as everything is in order in that regard, save the need to formally redesignate it, which Section 17 of the Digital Economy Act defines as needing only 40 days?

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[Baroness Benjamin (LD) [V]]

My Lords, I thank all noble Lords who have taken part in this debate, both on Monday night and today, and the Minister for his response. Today, we are confronted with another pandemic, one that ruins lives and for some is the cause of death. That pandemic is violence by men against women. I am very grateful to all those who have spoken in support of my amendment, which attempts to deal with this pandemic. I am also touched and encouraged by the huge amount of support I have received from NGOs and members of the public. I am grateful to them.

I am, of course, very disappointed by the Government’s response, especially as the Minister cannot confirm that the online harms Bill will be debated soon. I am disappointed that, even though those who spoke so passionately in support of my amendment made it clear that we are not opposing the online harms Bill—I want it to come to the House as soon as possible—so much of the Minister’s response was devoted to that issue. I am also disappointed the Minister’s response addressed Part 3 as though it was narrowly concerned with child protection. Of course it is about child protection, but it is also very relevant to stopping domestic violence, because it would make it less likely that children are exposed to pornographic websites as they move into adulthood with the expectation that violence is a normal part of sexual relationships.

The noble and learned Lord, Lord Mackay, and speaker after speaker have highlighted the fact that, if Part 3 had been implemented, we would today have a regulator that would take robust action against any website showing illegal, violent, extreme pornography in the UK. As we contemplate what is happening in our country at the moment and the concerns about violence against women, the very least the Government could do would be implement Part 3 so that we can create an environment that is less hostile to women by tackling illegal, violent, extreme pornography on pornographic websites.

The Minister also said that it would take far longer than I have suggested to implement Part 3. Apart from the fact that it would take less time to implement primary legislation that has already been passed than primary legislation that has not even been published, the Minister failed to engage with the very serious point that I, the noble and learned Lord, Lord Mackay, and others made that Part 3 could be in place in months if the BBFC was used as a regulator. It is capable of doing that. It is all set up to do that.

At the present time, the argument that the Government do not want to use the BBFC because they prefer Ofcom is not convincing. Nor is the argument about changes in technology; this does not hold water. The Government can use Ofcom as a regulator for the online harms Bill legislation when it is implemented, but, as a powerful open letter to the Prime Minister published today by women’s organisations makes clear, if the Government try to suggest that the safety of women should be needlessly compromised over the next few years just because they do not want to designate the BBFC as an interim regulator, that will go down very badly with the public. The public have told me that, and Members across the House have seen what the public feel about that.

The noble Baronesses, Lady Grey-Thompson and Lady Finlay, reminded us of the evidence of how the compulsive use of pornography can affect the brain and the decision-making process of the user over time. This is something we have to take very seriously indeed.

The Prime Minister quite rightly says he wants to protect women and children from violent attacks. My amendment will allow him to do so immediately, by enforcing legislation that has already been passed. Waiting on the online harms Bill means we will continue to create a conveyor belt of sexual predators who commit violence against women because of the porn they watch as boys and men.

There are times in life when we have to do the right thing, especially in the context of the current outpouring of concern about women’s safety. I believe that, regardless of what great protections an online harms Act eventually provides, history will judge that, from the perspective of the best interest of the safety of women and children in the second half of 2021, and 2022 and 2023, the non-implementation of Part 3 was a grave mistake. This is why I simply cannot let this matter go. I would be failing in my duty as a parliamentarian whose life has been devoted to promoting the best interests of women and children. Therefore, it is with a heavy heart that I wish to test the opinion of this House.

[The Deputy Speaker (Baroness Watkins of Tavistock) (CB)]

I will now put the Question on Amendment 87A. We heard a Member taking part remotely say they wished to divide the House in support of this amendment, and I will take that into account.

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[The Deputy Speaker (Baroness Watkins of Tavistock) (CB)]

We now come to the group consisting of Amendment 87B. Anyone wishing to press this amendment to a Division must make that clear in debate.

Amendment 87B

Moved by

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[The Deputy Speaker (Baroness Watkins of Tavistock) (CB)]

I call the Minister to respond. Are you there?

[Baroness Williams of Trafford (Con) [V]]

My host muted me and I could not unmute—I apologise for that temporary blip that delayed my response.

On the question about whether it will be explicitly referenced, I say that the two are so closely interlinked. The noble Baroness asked that question in all good faith, so I will write to her, telling her and giving detail on how one will reference the other.

Amendment 91 withdrawn.

[The Deputy Speaker (Baroness Watkins of Tavistock) (CB)]

We now come to the group consisting of Amendment 92. Anyone wishing to press this amendment to a Division must make that clear in the debate.

Amendment 92

Moved by