Cyber-flashing

Caroline Nokes Excerpts

Tuesday 25th January 2022 Westminster Hall

[Fay Jones (Brecon and Radnorshire) (Con)]

I beg to move,

That this House has considered the matter of cyberflashing-related harms.

It is a pleasure to see you in the chair, Mr Gray. Let me start by explaining the perverse act of cyber-flashing. In essence, it is where a person is sent an unsolicited sexual image. There are two currents to this, and the first is through social media. More often than not, indecent images are persistently sent to Instagram, Snapchat or Twitter accounts. The second, more perverse angle, is where an image is received in a public place on someone’s device, just because their Bluetooth or AirDrop happens to be on. It often happens in public places such as on trains and buses or in lecture halls, where someone is in close proximity to people they do not know. It happens to men and women of all ages, and, sadly, is only increasing.

Cyber-flashing can be intimidating and distressing but, more than that, if someone receives an indecent image from a stranger in a public place, they are in a very vulnerable position. They are often alone with their perpetrator. Sometimes, the perpetrator is there, deliberately watching them, waiting for their reaction. It is a way of creating anxiety, a feeling of being watched and lack of safety, with the inherent threat that it could be followed up by a physical act of sexual harassment or violence.

There is evidence that cyber-flashing in this way is a gateway offence to more serious acts of violence. The man who killed Sarah Everard was accused of flashing before he went on to commit his horrific crime. It is time we made cyber-flashing a criminal offence on a par with its physical counterpart, to ensure the law catches up with technology.

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

My hon. Friend has done incredible work highlighting the seriousness of cyber-flashing. Does she agree that it needs to be a specific criminal offence, alongside public sexual harassment? I would love to hear the Minister’s views on that.

[Fay Jones]

I thank the Chair of the Women and Equalities Committee not just for her intervention, but for her work in this area. I agree with her, and I would be interested to hear the Minister’s response later on.

At present, if someone is a victim of cyber-flashing the avenues to seek justice are limited at best. The Indecent Displays (Control) Act 1981, which criminalises the public display of indecent matter, is little known and likely to be little used. Laws on image-based sexual abuse are not based on an understanding of power and entitlement as the factors behind sexual harassment. They focus too narrowly on perpetrator motivations and do not provide the protection of anonymity for complainants, which I think is crucial.

Cyber-flashing is not an entirely new or recent problem. I am not the first to raise the need to criminalise cyber-flashing in this place. I pay tribute to hon. Friends who have partnered with the magazine Grazia, including my right hon. Friend the Member for Basingstoke (Mrs Miller) who has endorsed this campaign.

Since I have started talking about making cyber-flashing an offence in its own right, I have received not just many messages of support, but countless emails and social media messages from women who have been subjected to this cruel act. I pay particular tribute to the television actor and personality, Emily Atack, who was invited to Parliament by my hon. Friend the Member for Stroud (Siobhan Baillie) to talk about her experiences. I explained that I had sent her a message on Instagram asking to work with her on this campaign; she apologised to me, explaining that she never saw the message because her account is deluged with indecent images. I congratulate Emily, and others, for having the courage to speak out.

One field in which cyber-flashing is extremely common is online dating apps. I have been working with the app Bumble, which says that cyber-flashing is shockingly prevalent in the UK and disproportionately affects young women. According to a Bumble survey, in the past year alone 48% of millennial women said that they had been sent an unsolicited sexual image. One in four of those surveyed found that the prevalence of unsolicited lude images had got worse during the covid-19 pandemic, while one in three believed that cyber-flashing had become part and parcel of online behaviour. I do not know about you, Mr Gray, but I find that shocking. If we can agree on one thing this afternoon, it is that the unsolicited sharing of lewd images is not a part of normal courtship.

Education is one way in which we can seek to address this growing problem—making young people aware of the harm that this act can inflict on someone. This is already happening, thanks to campaign-led organisations such as Brook, which provide relationships and sex advice in schools throughout England and Wales. Its campaigners are also spending this freezing-cold Tuesday afternoon sitting on College Green with their advertising van. I encourage all Members, if they have a moment, to go and show their support for the campaign to ban cyber-flashing. I credit them for being hardy enough to stay there all afternoon.

Brook’s campaign to raise awareness of the harm caused by cyber-flashing is based on changing people’s behaviour and educating around consent. It is illegal to send someone younger than 18 an indecent image, yet almost half of millennial women who have received such an image were younger than 18 the first time that it happened. This figure rises to 71% when looking at 18 to 24-year-olds. What is illegal offline should be illegal online, and the law needs strengthening to achieve that. In June 2018, the Government introduced the Voyeurism (Offences) Act 2019, which sought to make upskirting a specific criminal offence. This is a prime example of how the law is involved in catching up with technological advancement.

--- Later in debate ---

[The Minister of State, Home Department (Victoria Atkins)]

May I say what a pleasure it is to serve under your chairmanship, Mr Gray? Thank you for your munificence in holding on until I raced my way here this afternoon.

I also thank my hon. Friend the Member for Brecon and Radnorshire (Fay Jones) for securing the debate and for all her work on this vital issue since entering Parliament. Looking at my right hon. and hon. Friends across the Chamber, I genuinely see a group of very, very committed female parliamentarians who are doing everything that they can from the Back Benches to ensure that women and girls are protected in our society. I will try to reference them in my response.

I reiterate the horror set out by my hon. Friend in some of the experiences that we know about through campaigning organisations such as Brook. Women travelling on public transport or just going about their day-to-day lives can have such images thrust upon them and inserted into their lives without any consent.

My right hon. Friend the Member for Basingstoke (Mrs Miller) raised the absolutely valid point of consent. Indeed, she has been doing really groundbreaking work in highlighting the threat of deep fake pornography. Sadly, I think that we are only just beginning to see the potential and pernicious effect of that form of pornography. My right hon. Friend is very much leading the campaigning and raising awareness of those new ways in which criminals and others are using the internet.

My hon. Friend the Member for Brecon and Radnorshire quoted the Prime Minister’s response to a question about cyber-flashing from my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) during a sitting of the Liaison Committee. He said:

“I don’t care whether flashing is cyber or not, it should be illegal.”

In his own inimitable way, he has set out the Government’s approach to cyber-flashing. We absolutely support the development of such an offence, and we are carefully considering an offence along the lines of that proposed by the Law Commission.

My hon. Friend the Member for Brecon and Radnorshire asked whether the Online Safety Bill might be the vehicle through which that law was brought about. We are actively looking at that, but we very much understand the need for speed and, indeed, the wish of women and girls around the country for the issue to be dealt with quickly and effectively.

As my hon. Friend set out, criminal offences that may serve to deal with such situations already exist, and she listed a few of them. We recognise, however, the potential problems that may limit the application of some of those offences. In our discussions, the police and Crown Prosecution Service raised the practical difficulties of using section 66 of the Sexual Offences Act 2003, for example, because that particular offence requires that the genitals exposed are those of the offender. That may of course be very difficult to prove. In a situation where a woman received such a photograph on a crowded bus or tube carriage, for example, it would be an almost impossible element to prove, by definition. As such, we understand that there is a need to change the law, and also to reflect on the impact that these images can have on women and girls going about their business day to day. They may be distressed, worried, humiliated or frightened. Imagine a 15-year-old girl getting a bus home from school on a dark winter’s night, and this image pops up on her phone. She will be worrying, I would imagine, about what will happen to her when she gets off that bus to make her journey home. We absolutely understand that.

That is why, as a result of the concerns expressed by my hon. Friend the Member for Brecon and Radnorshire and others, as well as wider concerns about the development of new technology and how it is being used by perpetrators to commit offences, we wanted to understand whether the law as it is has kept pace with modern behaviour. It is why we asked the Law Commission to review the law on harmful online communications, to ensure that if change is needed, we do so in the right way. It reported last year, and I am extremely grateful to the Law Commission for that report, which recommended, among other things, a new criminal offence relating to cyber-flashing.

It is worth noting—indeed, my hon. Friend, in her usual thorough manner, did exactly this—that the offence of cyber-flashing is increasing in prevalence. According to the British Transport police, there were 66 reports of cyber-flashing in 2019, compared with 34 in 2018 and just three in 2016. Of course, as campaigns such as that of my hon. Friend get more traction, we are very alive to the risk that we will hear of more instances, because women and girls will know that they are not the only ones suffering these incidents and will, I hope, have the confidence to report them to the police. Having commissioned the Law Commission review, we are now working to ensure that we can change the law to reflect the realities of life in the 21st century.

My right hon. Friend the Member for Romsey and Southampton North, in her usual thorough and rightly pressing way, invited me to discuss the issue of public sexual harassment. Again, through the tackling violence against women and girls strategy, we have looked at that phenomenon, because we hear from campaigners that they believe that not just the nature but the frequency of such incidents has got worse and more prevalent over time. We keep under review the existing offences that are in place, but I know that my right hon. Friend will continue to be a strong advocate for a change to the law in this area.

[Caroline Nokes]

Will the Minister briefly reflect on the fact that it is not just campaigners, me and Members from across the House who are calling for a change in the law, but the Law Commission?

[Victoria Atkins]

Indeed. I was just about to say that my right hon. Friend has been joined by excellent company in the form of the Law Commission. She will, I am sure, appreciate that we are taking a little bit of time to consider this issue carefully.

My hon. Friend the Member for Brecon and Radnorshire spoke about the Online Safety Bill being the perfect vehicle for such a change in the law. As she would expect, we are working closely with our DCMS colleagues to explore the potential of that. Reference was made to the Women and Equalities Committee report that was published this week, and we invited the House to join us in drafting that Bill through pre-legislative scrutiny. My hon. Friend will know that a Joint Committee reviewed it very carefully and, of course, all of those considerations will be taken into account as DCMS takes the Bill forward.

My hon. Friend the Member for Rushcliffe (Ruth Edwards) made the fair point that while the Government look to legislate in due course, there is nothing to prevent internet companies from acting now. We should absolutely encourage these tech companies to consider their own moral duties to the public. They do not need to wait for us to pass a law: they can do the right and decent thing to stop women and girls suffering this sort of behaviour.

I would like to reassure my hon. Friend the Member for Brecon and Radnorshire and every colleague who has joined us this afternoon that we are actively and carefully considering the Law Commission’s recommendation on cyber-flashing, and are looking to identify a legislative vehicle as we aim to introduce a new, specific offence to criminalise it.

Question put and agreed to.

Afghan Citizens Resettlement Scheme

Caroline Nokes Excerpts

Monday 25th October 2021 Commons Chamber

[Victoria Atkins]

In answer to the hon. Lady’s many questions, she may recall that, in the course of the oral statement on 13 September and indeed in the “Dear colleague” letter that accompanied it, I had to be frank with the House in relation to the emails Members of Parliament had been sending—about people in Afghanistan who are not constituents, but whose safety they understandably want to ensure if they have emailed been and contacted by them—that due to the new situation as it then was in Afghanistan, we would not be able to work those cases as we would expect to in other casework scenarios.

Regrettably, the situation in Afghanistan has not changed since I last addressed the House. We do not have a British Army presence in Afghanistan and we do not have a British consular presence. There are, of course, many members of staff in countries around Afghanistan who are doing their absolute best to work with those who have made the journey into surrounding countries, but we must be realistic about the situation in country. We are working with international partners to find ways and routes out of Afghanistan, but we must do so with the international community.

The hon. Lady mentions the ambitious target of 5,000 that the Prime Minister set for the first year of the Afghan citizens resettlement scheme, and that is in addition to the Afghan relocations and assistance policy, under which many thousands of people were evacuated both before and during Operation Pitting. The majority of Chevening scholars were evacuated, and we are working with international partners to try to find ways for those who remain. The foundation on which the Government are working is to try to do things in what are difficult and fast-evolving circumstances, and to do what is right for people who have already been evacuated here, and those we wish to evacuate in future. I am afraid these things take time, but I hope I have the support of the House in creating the scheme in a way that best serves the interests of Afghans. I understand why the hon. Lady secured this urgent question, but I suggest we will achieve this through day-to-day work and by working together to ensure that the scheme addresses the concerns she raised.

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

This morning I attended an Afghan community day, hosted by the Stronger Communities team in Southampton, and supported by Hampshire County Council, Southampton City Council, and Test Valley Borough Council. That was for Afghan families who are already settled here, or who have come here as part of the ARAP scheme. Their big concern is about families still left in Afghanistan, and they are desperately looking for detail and information about how the Afghan citizens resettlement scheme will work. My hon. Friend is right to point out the complexities, and we know that this will be harder than the vulnerable persons resettlement scheme, precisely because of the situation on the ground in Afghanistan. Will she please give us some hope that the application and allocation scheme is on its way, and that we will be able to provide our constituents with some sort of update?

[Victoria Atkins]

I can certainly provide my right hon. Friend with that assurance. We want to get this right, which is why it is taking us a bit of time. I understand the concerns of colleagues, and also, as she said, the real concerns of Afghans already in this country. I have met many, and every one has raised concerns about their families and friends left behind. I understand that, but it will take a bit of time, and I ask the House to bear with us while we try to ensure we get it right.

Domestic Abuse Bill

Caroline Nokes Excerpts

2nd reading & 2nd reading: House of Commons
Tuesday 28th April 2020 Commons Chamber

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

It is a pleasure to be able to speak in this debate—arguably for the second time, having contributed back in October. What has been really interesting today is the quality of contributions from both returning and new Members. I pay tribute to my hon. Friend the Member for Hyndburn (Sara Britcliffe), who made a very powerful maiden speech, albeit in interesting circumstances. I reassure other Members that, although she sits on the Women and Equalities Committee that I now Chair, I have at no time found her to be remotely difficult.

I thank the Lord Chancellor for his opening comments. I would like to pay tribute in particular to the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), the Minister with responsibility for safeguarding, who will close the debate this evening. She has proven to be a doughty champion of the Bill on the various occasions it has come back before us. She has also taken time, during the intervening months, to speak to various Members, including me, about the difficulties and challenges in bringing into legislation amendments or parts of the Bill that would tackle the cases that my hon. Friend the Member for Wyre Forest (Mark Garnier) highlighted so eloquently. I remember sitting behind him in October when he spoke of Natalie Connolly. What is tragic and sad about that case, although horrific and dreadful, is that it is not unique. We will see more individuals who are perpetrators of domestic violence trying to run that sort of defence. We have to find a way to stop that. I am certainly committed to working with my hon. Friend and the right hon. and learned Member for Camberwell and Peckham (Ms Harman) in that regard.

We know that domestic abuse can affect anyone: both genders, people who are able-bodied and disabled, and all ethnicities. It is no respecter of socioeconomic background. What we do know is that it impacts some more than others. LGBTQ people are twice as likely as the rest of the population to suffer from domestic abuse. We heard earlier about the impact of domestic abuse on people with disabilities, perhaps particularly those with sight impairments. Those are all issues that have been raised with Members by various charities over the course of the past few days. We all know that it is no respecter of age. I urge Ministers to look again at how they can include in their statistics victims of domestic abuse who are over 74. We know that the National Crime Survey does not pick up on that. Tragically, over the course of the past few weeks we have seen more pensioners who have been impacted. That is absolutely horrific and we have to find ways to include that in the Bill. There is a great deal to be done in Committee. I urge all Members who have the opportunity to serve on the Bill Committee to ensure that the changes that some of us wish to see can be reflected in it.

We debate the Bill at the time of pandemic, when there is even more pressure on individuals, relationships and families. I wonder whether the Minister, in her closing comments, might reflect on the increase we have already seen in referrals to domestic abuse helplines, both online and telephone. When locked down with the perpetrator of domestic abuse, it is much harder for women to report those crimes. I ask her to reflect on what we might see when the pressure cooker valve is released and whether we will see yet more people reporting.

I want to conclude by speaking about the issue I raised on Second Reading part one, which is that of migrant women. I vividly remember sitting with my hon. Friend the Under-Secretary of State and my hon. Friend the Member for Charnwood (Edward Argar), in his time as a Justice Minister, alongside Southall Black Sisters and other groups representing migrant women. We know that people will use finances and physical strength—they will use any means they can to control people. Sadly, they will also use immigration status and passports. They will seize their victim’s documentation and keep it from them so that they cannot assert their right to be in the UK legally. It is crucial, as all the Ministers in that meeting said, that we see people first as victims and not through the prism of their immigration status.

My hon. Friend the Under-Secretary has a track record of standing up to those who seek to use power, influence and status to belittle and bully others. I reassure victims that they have a doughty champion in this Minister.

Oral Answers to Questions

Caroline Nokes Excerpts

Tuesday 8th October 2019 Commons Chamber

[Robert Buckland]

The hon. Lady and I have spoken about this case in the past. She is an assiduous campaigner on this and other issues, and I am grateful to her. The reforms to probation give us an opportunity to get that sort of risk assessment absolutely right. Ending the division between the National Probation Service and community rehabilitation companies will allow us to focus on the offender, rather than worrying about which part of the system they should be in. I am grateful to the hon. Lady for raising that issue.

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

My constituent Valerie Matcham’s grandson was killed by a single punch to the side of his head. Bradley’s killer was sentenced to just two years in prison, and the family are distraught at the thought that he could be out on licence after just one year. I am encouraged by my right hon. and learned Friend’s words and urge him to keep the views of families at the forefront of his mind when considering these difficult decisions.

[Robert Buckland]

My right hon. Friend raises a distressing case. It is perhaps not appropriate for me to comment on it individually, but I extend my deepest sympathy to the family and friends of that victim. It is precisely why we have decided to take action to try to create a higher degree of confidence for victims and their families when it comes to the administration of sentences.

Domestic Abuse Bill

Caroline Nokes Excerpts

Wednesday 2nd October 2019 Commons Chamber

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

It is always a privilege to follow the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper). She and I do not always agree on things, but I absolutely concur with her final comments to the Minister about this being a gendered crime. Of course it happens to men as well as women, but we have to look at the reality of the statistics.

I welcome the opportunity this afternoon to get this Bill out of the blocks and use this unexpected week wisely. I must also pay tribute to the hon. Member for Canterbury (Rosie Duffield) for her moving contribution. I wish, in a limited period of time, to concentrate on one element alone. Some may look at me with some surprise when I do this, and fear I find myself in the role of gamekeeper turned poacher, rather than the other way round. I am sure the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), does not need reminding of the meeting that she and I attended in May, alongside the Minister for countering extremism and my hon. Friend the Member for Charnwood (Edward Argar), then an Under-Secretary at the Ministry of Justice. I was pleased to see him on the Treasury Bench for the opening of this debate. He made the point during that meeting that when considering domestic abuse it is imperative that we consider people as victims first, rather than alongside any other considerations that the Government might have. That meeting was attended by Southall Black Sisters, Imkaan and the hon. Member for Birmingham, Yardley (Jess Phillips), who has not yet spoken in this debate but who has such a wealth of experience and expertise on these issues.

I was pleased to hear my right hon. and learned Friend the Lord Chancellor talk about the need for a cross-Government approach. The meeting that I chaired and the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle, attended was a cross-Government one, but, as I said to those agencies represented, it was not sufficiently cross-Government. There was no representation from the Department for Work and Pensions or the Department of Health and Social Care. If we are going to address domestic abuse in all its forms, we must have all bodies around the table.

[Chris Bryant]

I just wonder whether we should be looking at one other Department, the Department for Digital, Culture, Media and Sport, because in my constituency and in the south Wales valleys the worst spikes, when there are so many instances of domestic violence that the police are simply not able to cope, occur when there is a big rugby or football match. I simply do not understand why all the sporting bodies cannot come together to run a major publicity campaign to try to tackle this.

[Caroline Nokes]

I welcome the comments that the hon. Gentleman makes and those that my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), a former Culture Secretary, made when she said that she was trying to do what he suggests. Of course the Ministry of Housing, Communities and Local Government must also be involved. We have heard much about health, relationships and sexual education in schools, so the Department for Education also of course has a role to play.

I urge the Under-Secretary of State for the Home Department, my hon. Friend Member for Louth and Horncastle to do what she can to make sure that we are doing more for migrant women, bearing in mind that the destitute domestic violence concession is currently available only to those who come here on a family visa. We must consider those who are here as partners of refugees, those who are here en route to settlement but who have not yet got their protected status, and those who are here on tier 4 visas. We have heard much about older victims, but younger people, those who might be here as students, can also suffer from domestic abuse.

[Sir John Hayes (South Holland and The Deepings) (Con)]

My right hon. Friend is making a valid point about the breadth of this issue and the need for Departments to co-operate. One of the most disturbing cases ever brought to my surgery—we all know how disturbing surgery cases can be—was that of a disabled man whom I had known in a different context as a cheerful, light-hearted person but who had been abused for years by his wife, who was of course much stronger and more powerful than him. Disabled people and other vulnerable people need to be taken into account here, which is one reason why we need to work across Government.

[Caroline Nokes]

My right hon. Friend is absolutely right; we must work across Government and we must consider all vulnerabilities.

We have heard this afternoon about the varied forms that domestic abuse takes. It might be physical, financial, emotional. We have heard about coercive control. However, there is also the controlling behaviour that relates to immigration status. A victim is a victim first, and the law and agencies must recognise that.

The role of the Minister is not simply to speak—it is to listen; it is to understand. Earlier, I mentioned the cross-Government meeting held back in May. As I said, it was not cross-Government enough, but I certainly listened very carefully that afternoon to the voices of Southall Black Sisters, the End Violence Against Women coalition, and Imkaan, and their message was that we had to extend the domestic violence concession and must not allow immigration status to be weaponised—as we know that, by perpetrators, it very much is weaponised. That can be physical, in the sense of a passport being withdrawn, but it can also take the form of the simple threat that a victim is in this country only because of the status of the perpetrator, and that if they were to approach an agency they would do so at their peril, and might then be excluded from this country.

The hon. Member for Swansea East (Carolyn Harris), who is no longer in her place—I venture into this space with some trepidation—spoke of the EU settled status scheme and EU citizens. I urge hon. Members to make contact with Home Office officials and talk to them about the amazing amount of work that has gone into the resolution centre in Liverpool. When I was a Minister, I visited the centre and spoke to a wide range of brilliant caseworkers there. I hesitate to name her, but the awesome Gabi, who was passionate about helping those in the most vulnerable situations, spoke about recognising that there will be people who apply to that scheme who no longer have their passport, and who have no paperwork evidencing their stay in the United Kingdom, because their controlling partner has seized that from them and prevented them from having access to it.

We heard this afternoon about Government data sharing. Again I hesitate to go there, but there are occasions when data sharing can actually be a force for good. I would highlight the EU settled status scheme, which can combine evidence from the Department for Work and Pensions and HMRC in order to draw a picture of someone’s life in the UK that enables those who are vulnerable, who have been victims, to pull together sufficient information. There is a call centre. I sat in on some of the calls, which were handled in the most compassionate and understanding way so that victims were not put through a gruelling process but were helped to obtain their status. When I left office, there were in the region of 1,500 people working on the scheme. I hope to goodness that there remain 1,500 people working on it today, because it is absolutely imperative that we get that right for all EU citizens who are in this country.

I know that the Minister takes this matter very seriously and I am delighted that she has seized the opportunity provided by a day that we were not expecting to be in Parliament to give the Bill a Second Reading and allow us to make progress. I urge her to continue listening to the words of current and former Ministers. I know that the current Chancellor of the Exchequer was very passionate about ensuring that the review on migrant women enabled the Bill to cover more ground and enabled us to consider the domestic violence concession and do more.

I hope that the Minister heeds that, and that when the Bill moves into Committee we can all play an active part to ensure that we make it every bit as good as it can be, embracing as many individuals in this country who have been subjected to domestic abuse as possible, to give them the help that they need.

--- Later in debate ---

[Mark Garnier (Wyre Forest) (Con)]

It is a great pleasure to follow the hon. Member for Bristol West (Thangam Debbonaire), chair of the all-party group on perpetrators of domestic abuse. I am sure that her work is extraordinary and really important.

I also follow the speech a little earlier of the Mother of the House, the right hon. and learned Member for Camberwell and Peckham (Ms Harman), who talked about my constituent Natalie Connolly. Natalie Connolly, as she so rightly said, would be 28 years old now. She has a young daughter and she comes from a family of loving parents, loving grandparents, a loving sister and, of course, a loving daughter.

Natalie Connolly fell into a relationship with John Broadhurst in 2016. She was, I guess, impressed with him. He was a millionaire and she came from a relatively normal background. One Saturday afternoon, they went off to a rather extensive party. That evening, they were driven home by his driver. They went back to their house, which they were renting while their main one was being renovated, and indulged in intimate activities of an aggressive nature, which were allegedly consensual—I believe were consensual.

When John Broadhurst went to bed that night, he stepped over the bleeding, unconscious body of Natalie Connolly on the steps of their house and went upstairs, leaving her there. He came down the next morning, stepped across her now lifeless body, went and had breakfast, washed the car and called the emergency services, telling the police and paramedics that she was “dead as a doughnut”—which seems extraordinary.

Broadhurst was obviously charged with murder—the Crown Prosecution Service was going to maintain a murder case. The trial happened at the end of last year and was quite high profile at the time. The injuries that Natalie suffered were unbelievably extensive, extraordinarily intimate and, frankly, utterly, utterly brutal. She had lost a lot of blood from her injuries. But the problem was—this is where the law comes in—she bled into a carpet, so it was impossible to measure the extent of her blood loss. As a result, whether she died as a direct result of the injuries, or as a result of overuse of alcohol and possibly narcotics, could not be absolutely confirmed. The charges were therefore dropped from murder to manslaughter by neglect, owing to the fact that Broadhurst had left her behind to bleed to death overnight.

The problem was that to get this change of charge, someone had to sit down and talk to the family. I have met the family—an immensely kind and loving group of people. I sat down with them and we had a conversation about their daughter, who had been besmirched by this vile man. Their last memories of her will be of the court case—people discussing what he alleged about her and her hideous, unbelievable injuries. As I sat with this family, I looked at a group of people whose memories of Natalie should be of buying her first Snow White costume or Barbie doll when she was a child—all the stuff we want to do as parents who love our families. Being asked to understand the risk-balances of complicated legal issues put this family in an intolerable position, as they had to work out the right way forward to get a prosecution.

One of the unbelievably brilliant things about this House is that we are actually not divided when it comes to this sort of thing. The Mother of the House, the right hon. and learned Member for Camberwell and Peckham, reached out to me before Christmas and said, “Are you aware of this case?”, so the two of us worked together. I am not a lawyer, so I do not particularly understand these legal issues, but she does; this illustrates how good we can be as a House. We visited the Attorney General to see whether there could be a retrial, but he said, “Actually, no. In this particular case, the sentence was right because of the reduction of the charge.” So together—actually, me being led by her and learning from her—we want to table a couple of amendments.

[Caroline Nokes]

My hon. Friend is making an incredibly important point, and I think it is imperative that he is allowed the time in which to achieve that.

[Mark Garnier]

I am very grateful to my right hon. Friend.

There are two points. The first is that “she was asking for it” cannot possibly be a defence when somebody dies. Apart from anything else, the individual does not have the ability to defend themselves, and their reputation is being destroyed in front of the people they loved, the people who care for them and their friends. That is absolutely wrong. The “Fifty Shades of Grey” defence cannot be allowed.

The second point is that victims’ families are not qualified to make the decision about changing the charge so that there can be a better chance of a conviction. We need people who are brilliantly clever at this—brilliant barristers who are brave enough to fight these cases on behalf of the victims. But what we can do is ensure that the decision is made by somebody who really understands the process, so that the Director of Public Prosecutions is the one who is consulted if a change is going to be made in a case pertaining to this type of injury and homicide in a domestic abuse setting. In that way, these families will get the support they need.

Natalie Connolly would have been 28 now, with a young daughter growing up in a warm family, but she is no longer with us. If there is any way in which we can remember her, we have to do something to make sure that this can never happen to anybody ever again.

Women and the Vote

Caroline Nokes Excerpts

Wednesday 8th June 2016 Commons Chamber

[Caroline Dinenage]

The hon. Lady is absolutely right; we need to take every opportunity we can to promote the fantastic work of those who came before us and those who fought and died before us to secure the privileges that we enjoy today.

I am delighted that Parliament commissioned the new permanent work of art to commemorate women’s suffrage. I know that the hon. Member for Wirral South was on the Committee led by my hon. Friend—and real life friend—the Member for Romsey and Southampton North (Caroline Nokes). I pay tribute to the Committee for its work.

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

I could not resist intervening. The hon. Member for Livingston (Hannah Bardell) made a really serious point. The thing that strikes me is that we have a parliamentary art collection of 8,000 works of art, fewer than 200 of which represent women in any shape or form. Although my Committee works hard to improve on that, we are sometimes stymied by the media. I was struck by the article in “The Sun” online that criticised the new artwork. Is it not incumbent on all of us to try in some small way to make this place feel more relevant and warmer for women?

[Mr Speaker]

I suppose that even newspapers have the right, now and again, to be stupid.

Transpeople (Prisons)

Caroline Nokes Excerpts

Friday 20th November 2015 Commons Chamber

[Mr Speaker]

Order. I am keen to accommodate the interests of colleagues, but we do not want the exchanges to be unnaturally prolonged, as we need to return to other important business. Short questions and short answers would help.

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

LGBT prisoners are among the most vulnerable in the prison population. One of the biggest challenges of the review is how to overcome ignorance. Will my hon. Friend reassure me that he will implement in full any recommendations of the review that seek to tackle and raise awareness and understanding of transgender issues?

[Andrew Selous]

I can give my hon. Friend that assurance. I hope that she took heart from what I said at the end of the statement about dealing with the cultural attitudes that can cause problems in this area. I have also had discussions with my right hon. Friend the Member for Basingstoke (Mrs Miller) in her capacity as Chair of the Women and Equalities Committee.

Immigration Statistics

Caroline Nokes Excerpts

Friday 28th November 2014 Commons Chamber

[Mike Penning]

I will be perfectly honest: I do not know why those questions were not answered. I will find out and the Immigration Minister will write to the hon. Lady.

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

Does my right hon. Friend agree with my constituents who believe that restricting the benefits going to the children of foreign migrants who are not in this country is not a nasty thing to do but a fair thing to do?

[Mike Penning]

It is absolutely fair, especially given the limited funds available because of the austerity measures we have had to introduce, because the previous Government left us with such a mess. The welfare system has to be fair. If people are working here in this country, getting in-work benefits and sending those back to their families abroad, I do not think that is fair and I do not think my constituents think it is fair.

Cyber-bullying and Digital Anonymity

Caroline Nokes Excerpts

Thursday 23rd October 2014 Commons Chamber

[Charlie Elphicke (Dover) (Con)]

I wish to raise the matter of cyber-bullying and the abuse of online anonymity. I know that there are hon. Members for whom this is of deep concern, so I am happy to take interventions, and, if there is time, for colleagues to make short speeches, if that would be in order, Madam Deputy Speaker.

Hate-tweeting trolls make people’s lives hell. They have got out of hand on social media, and we need to tackle them, but to paraphrase Tony Blair, we cannot just be tough on hate tweeting; we must be tough on the causes of hate tweeting. I suggest that we consider targeting the anonymity that hate tweeters use to harass people online. It is all too easy to set up a bogus account online and viciously stab at people from behind the curtain; ensuring that people could not set up anonymous accounts at will would force hate tweeters to be responsible for the hate they spew. They would be identifiable.

There is a deeper point. We need to promote kindness, courtesy and being yourself. When we bump into somebody on the street, we exchange pleasantries; when we engage in banter down the local pub, we have a fun time, generally; what we do not do is pretend to be someone else or hurl abuse and make threats without consequence. Why, then, does anyone think that that is okay on the internet?

I am particularly concerned for our young people, for whom cyber-bullying is a rising issue. According to ChildLine, 4,500 young people talked to the charity about online bullying last year, representing an 87% rise on the year before. The anti-bullying charity Ditch the Label surveyed more than 10,000 young people aged 13 to 22 as part of its annual cyber-bullying report in 2013 and found that 69% had experienced cyber-bullying at some point and that 37% had experienced it frequently. Most dishearteningly, 20% had experienced extreme cyber-bullying on a daily basis. Young people are twice as likely to be cyber-bullied on Facebook as on any other social network, with 54% of young people using Facebook reporting that they had experienced cyber-bullying. Facebook, Twitter and Ask.fm are the most likely places for cyber-bullying.

It is not just about the high-profile cases involving celebrities, people who have suffered great tragedy, such as the McCanns, or Members of Parliament who have been attacked. Well-known people are more likely to be reported on, but the problem is much more widespread than just a few famous people, and sometimes it ends in tragedy. In some cases, people have been so harassed online that they have been driven to take their own lives: Callum Moody-Chapman, in Cumbria; “Nadia”—the name given by the Italian media—in Italy; Erin Gallagher, in the Republic of Ireland; and Ciara Pugsley, also in the Republic of Ireland. It is important to make it clear that suicide often has many complicating factors, but we ignore these trends at our peril.

I have referred to well-known cases in the media of adults being cyber-bullied. There was the case of J. K. Rowling during the Scottish referendum; Emma Watson just for making a speech to the UN on feminism; and of course Judy Finnigan and Chloe Madeley. It is simply unacceptable. There are three pieces of relevant legislation: the Malicious Communications Act 1988, the Communications Act 2003 and the Protection from Harassment Act 1997. The legislation focuses on dealing with trolls when they have done damage, but we need to prevent that damage in the first place. Another problem is that the international reach of the internet makes it hard to tackle criminal acts in our justice system. The police need to be more proactive and effective in tackling the problem in a more organised fashion.

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

Is it not true, however, that even when the police are proactive and organised they are often met with the obstacle of large corporations, frequently based in the States, reluctant to hand over the information that would enable the police to identify and prosecute these trolls?

[Charlie Elphicke]

I completely agree with my hon. Friend. That is one barrier; the other one, of course, is that people can just set up new accounts at will. They can do that through the dark net, and they can hide their IP addresses to make it harder to locate who they are. That is why I am coming to the point of saying that perhaps we should think about making people identify themselves if they want to set up an account, just as we have to do in so many other walks of life.

I recognise that the international nature of the internet makes it hard to tackle the criminality in this country, but I suggest that the police should make much more use of the Harassment Act 1997 rather than view this as a separate online problem. The behaviour is what they should go after. If behaviour is criminal, we cannot allow more latitude for it on the internet. There is not. Such behaviour should be subject to the same tests as if someone is confronted on the street with nasty face-to-face remarks.

I welcome the fact that the Justice Secretary has set out plans for serious cases of cyber-bullying to go to the Crown court and be subject to a sentence of up to two years. That is a welcome and encouraging start—a step in the right direction, saying that cyber-bullying is unacceptable. Nevertheless, let me set out three areas where we could go further.

First and most fundamentally, people need to take responsibility for their actions and not have the option of anonymity. We have cracked down on poison pen letters. Some of us may remember the problem of deep breathers—those who would pick up the phone and start calling random numbers and deep breathing at people to terrorise them down the line. Call logging put a stop to all that stuff, but now we need to deal with trouble caused when characters use anonymity to spout vitriol online. Anonymity, then, is the first issue.

Evidence suggests that people’s behaviour becomes worse when they are given anonymity, which is why it needs to end. Social media providers should ensure that they know people’s identity to discourage hate-filled attacks. If it is known who they are, people will not go around doing this sort of thing and neither will they be able to create multiple social media accounts to further their hate campaigns.

Some say, “We cannot do this; it undermines the principle of free speech. I should be able to say what I like.” I believe they are wrong to say that because the principle of free speech was dearly bought. People can state their own views in their own name. Mrs Mopp of Acacia avenue can say, “The Prime Minister and the Leader of the Opposition are completely hopeless and not up to their job”, but the secret police will not come for them in the middle of the night. That is what free speech is about. It is not a right to go around anonymously terrorising and harassing people. That is an abuse of free speech. It is not free speech; it is pure cowardice, and it should not be tolerated. Neither should we confuse the issue of privacy to surf the internet, which we all believe in, with the idea of privacy in aid of anonymity as a means of launching attacks on people. There should be no hiding place for trolls.

Secondly, there is the issue of educating children on digital responsibilities. We cannot protect children simply by blocking access to the internet and social media. That will not work. Young people are at the forefront of technological change, so we need to educate them to understand that their online behaviour will be judged just as much as their behaviour in real life. Just as we teach citizenship and British values in our schools, so we should educate our young people about their online responsibilities and the importance of respect there, as well.

Thirdly, international action is important. The internet is international: it knows no borders and it is changing all the time. Social media has existed for barely a decade, and the law needs to keep up with this rapid change. That is why we need international co-ordinated action. An organisation such as the OECD could play a serious role in co-ordinating what we all do collectively in the global village in which we live. Rogue nations that harbour trolls and online criminals can be tackled more effectively with international co-ordination.

To conclude, it is becoming increasingly clear that it is time to strip people of their anonymity on social media.

Legal Aid Reform

Caroline Nokes Excerpts

Thursday 27th June 2013 Commons Chamber

[Rosie Cooper]

I am sure that is exactly what will happen and that justice will be ill served by the people who support and vote for this awful idea. Has real consideration been given to the issue of conflict? The new legal corporations will reach into every stage of the criminal justice process, motivated by profit, not justice. The removal of a client’s fundamental right to choose their representative is completely unacceptable.

These proposals will cause problems for the justice system, including concerns about the right to a fair trial under article 6 of the European convention on human rights. An individual who is involved in multiple matters might end up with numerous representatives forced to deal with separate matters. That will add to the delay and the costs as there will duplication of effort in obtaining information and instructions, to the detriment of the individual. That is if they are to get legal representation at all. In a big sign of things to come, the Bar Council has already produced a do-it-yourself guide to representing oneself in court.

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

Does the hon. Lady share my concern that we will see an increase in the number of litigants in person, which, far from driving down costs, will take up more time and add to costs?

[Rosie Cooper]

I absolutely agree. In fact, I think that the hon. Lady will find that that is already happening. How can that aid cost cutting or justice? It is a travesty.

Everything about the consultation strikes me as being about the easy option, not the right option for the people who sent us here or for justice. I believe that the cuts will be a false economy, as we will see increased inefficiency. One wonders how much could be saved if the Justice Secretary simply sorted out the waste in the system. For example, I know of one prisoner who was not produced in court by the Prison Service—it had nothing to do with the CPS—on three occasions, with proceedings stayed and all the associated time and costs wasted. If we tackled that waste, how much money would we save? We would still preserve justice and fairness at the heart of the system.

I wonder whether the Justice Secretary, if his family found themselves unable to afford legal representation—God forbid—would accept the crumbs that he is now throwing to everybody else. In closing, I ask the Minister, who is in his place, whether justice on the cheap is any justice at all.