Police, Crime, Sentencing and Courts Bill

Caroline Nokes Excerpts

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Members should stand only if they want to take part in debate on the first group of amendments, not the second or third groups. We are time-limited, so perhaps Members could focus on the duration of their speeches as well as on the content, to give an opportunity for other Members to take part.

[Caroline Nokes (Romsey and Southampton North) (Con)]

As a woman who is perennially in a hurry and terribly impatient, I will ensure that my contribution is blissfully short. There is much in the Bill that I feel encouraged about. As hon. Members might expect, as Chair of the Women and Equalities Committee, I will focus specifically on those areas that affect women.

Inevitably, I will always say to the Government that they have missed opportunities, that they have not gone far enough and that more could have been done. I very much feel that the Bill could have done more, but I very much welcome the amendment on voyeurism and breastfeeding, which was put forward by the hon. Member for Walthamstow (Stella Creasy) and has been accepted by the Government. That is a step in the right direction for women. I also welcome Government amendment (a) in lieu of Lords amendment 70 on spiking. I am the first to acknowledge that spiking is not necessarily a gendered crime, but in many instances it is, and we know that young women in particular fall victim to it. Although there are concerns around spiking for robbery, for other forms of violence and abuse and, indeed, in some cases, just for entertainment, a massive proportion of it is about taking sexual advantage—usually of women.

As hon. Members might expect—it was inevitable—I turn to amendment 72 on misogyny. Consistency is important, so I have always said that I would accept and welcome what the Law Commission recommended in its review. However, if we are to go to its recommendations on misogyny and the complications that it rightly highlighted—this is an incredibly difficult area—we should also look at public sexual harassment, which it has also said should be a specific crime.

I started by saying that I am a woman in a hurry, and I am. I welcome my right hon. Friend the Minister’s comments on what the Government are planning to do on public sexual harassment, but this feels like a missed opportunity. I look for confirmation on whether the specific legislative vehicle—this looks very much like one—will be the victims Bill or something tailored to PSH, because this absolutely matters. If we are to start tackling the cultures that underpin violence against women, we must look at the cultures that mean that some men think it is okay to harass women on the street and on public transport.

[Siobhan Baillie (Stroud) (Con)]

Girls from Stroud High School got me into their school to talk about the public sexual harassment that they receive—often daily and often in their school uniforms—which is outrageous. Under the “Everyone’s Invited” campaign, many schoolgirls—and schoolboys as well—have reported exactly what they experience. Does my right hon. Friend agree that while the comments that we have heard from the Minister are incredibly positive, we must recognise that the calls for such changes come not just from this place or from adults but from young girls everywhere who are experiencing really tough times?

[Caroline Nokes]

My hon. Friend is absolutely right. It is in our schools that those calls are strongest, which means that young women in their school uniforms are being significantly impacted. They feel scared to walk home alone. They are given advice to stay to well-lit areas, to ensure that they walk in areas with CCTV and to be careful on public transport. Yet again, we are saying, “Girls, be careful,” and not, “Men, don’t do it.” That is why I feel so strongly about specific legislation on public sexual harassment that empowers women to point at behaviours and say, “That is a crime.”

[Stella Creasy]

I completely agree with everything that the right hon. Member said. It is frustrating as always that, yet again, we are asking women to think about how they keep themselves safe rather than thinking how we stop the perpetrators, let alone the focus being somehow on street lighting, as if these incidents happen only in certain places and spaces. She talks about public sexual harassment. One of the challenges, as the Law Commission admits—I have met and talked to the Law Commission about this—is that not all harassment motivated by misogyny is sexual. I go back to the Muslim women targeted to have their hijabs torn off and disabled women, who are targeted in particular. How can we expand our understanding of how misogyny is driving crimes if we think it is only about sex? Does she agree that we need to find a way to recognise that broader concept of harassment, abuse and incitement, as the Law Commission said should happen but did not come up with legislation?

[Caroline Nokes]

The hon. Lady makes an important and powerful point. It is imperative that we look at this issue not just in terms of sexual harassment. I apologise for detaining hon. Members a moment longer than I intended, but I want to highlight the case of a constituent who came to see me. She was 23-years-old and had a job in Waitrose pushing trolleys around the car park. She said, “I hate lunch time.” That seemed an odd comment to make, so I asked, “Is it particularly busy at lunch time?” She said, “No. It’s when the white van men turn up.” She told a tale of how, in the depths of winter, when wearing a beanie hat, a puffer coat and a mask—it was at the height of covid—a man walked up to her, put his hands either side of her face and said, “You’re too beautiful to be doing this job.” I have spoken to colleagues in this place who are eminent lawyers— they know much better than me what is criminal and what is not—and asked them, “Where’s the crime?” Not one of them could come up with an actual crime for that. The hon. Lady is therefore right: that was not sex-based; it was just harassment in the same way as we see people stood outside abortion clinics hurling abuse at people going to access those services. We must ensure that abuse directed at women on the grounds of their gender or sex is tackled, and tackled effectively.

The Women and Equalities Committee is about to do an enormous piece of work about the cultures that underpin this problem and hopes to come up with recommendations that the Government will listen to and act on. We want to see legislation that makes women feel safer because they can point at behaviours and say, “That is a specific crime,” that allows perpetrators to look at behaviours and think, “Actually, I shouldn’t do that—I might get in trouble,” and that allows the police and the Crown Prosecution Service to look at behaviours and think, “There’s the crime.”

[Richard Graham]

On a small point of clarification, my right hon. Friend quite rightly referred to how the vast majority of spiking cases are about men spiking women’s drinks, and there is no question about that, but I am sure she recognises that some cases—I think in particular of the heinous case of Reynhard Sinaga, who was found guilty in Manchester of spiking and raping at least 48 victims man on man—are the other way.

[Caroline Nokes]

I thank my hon. Friend for that comment. I hope that I did not in any way give the impression that men are not victims, because, yes, they are. When we talk about violence perpetrated against others, sometimes we do not adequately identify the many instances in which young men, and young gay men in particular, can fall victim to such horrific behaviours.

I want to see something on the statute book, and I will press my right hon. Friend the Minister for something quickly. It is not good enough to kick this issue into the long grass and say that we need another review or more consultation. We see that too often. Young women, the girls of the Girl Guides, those from Plan International UK, older women—the Soroptimists have summoned me to tell me that this must be done urgently—and the Women’s Institute all want action. Later this evening, I will attend the event downstairs—it is on now—looking at the Government’s strategy. If we are serious, we must send a clear and powerful message to both victims and perpetrators about what is and is not criminal. Everyone in this House knows a victim; we also all know a perpetrator.

[Several hon. Members rose—]