(6 years, 7 months ago)
Commons ChamberThe hon. Gentleman is absolutely right. It is always a delight to have a lawyer in the House, but not too many, eh? [Interruption.] I think I have carried the House with that one.
The hon. Gentleman does, however, make a serious point. I tabled the amendment simply so that we could have this debate and the message goes out completely unambiguously from the House that merely spitting—I use the word “merely” legalistically; in other words, spitting alone—can constitute a common assault. That is true of the Criminal Justice Act 1988, and spitting at an emergency worker of any kind should constitute an assault under this Bill.
My other amendment—amendment 3—relates to sexual assault. The major part of the Bill introduces an aggravated offence; that is to say that the Bill lists a series of different offences that, when perpetrated against an emergency worker, will be considered to be aggravated. When I drew up the Bill, I was primarily thinking of physical violence towards emergency workers. But the truth is that, since I have been working on the Bill, my hon. Friend the Member for Halifax and I have received lots of representations, particularly from health service workers, about the sexual assault of ambulance workers, nurses, mental health nurses, doctors and others. One difficulty, both for the Government and for us, has been that these statistics have never been gathered by NHS Protect, which no longer exists anyway. However, the numbers of such incidents reported by the trade unions working on this matter are quite dramatic, particularly given that the figures show increases.
Since 2012, such incidents are up 143% in the East of England ambulance service; up 40% in London; up 133% in the North West ambulance service; and up 1500% in Northern Ireland. Incidents have increased by 400% in South Central ambulance service since 2013; by 100% in the South East Coast ambulance service since 2015; by 400% in Yorkshire ambulance service since 2013; and by 500% in the West Midlands ambulance service since 2012. I wanted to say that it is true that these are not large numbers, but there have been 238 reported cases of sexual assaults on ambulance workers in the East of England ambulance service. Parliament has to take cognisance of such figures and we have to act.
The hon. Gentleman is making an excellent point. This also happens to female police officers, as graphically described to the all-party parliamentary group on alcohol harm, which did a report on the issue. One senior officer said to us, “If I take a team through a club at night, by the time we have gone from one end of the club to the other, the female officer will have been felt up several times.” That is totally unacceptable.
It is totally unacceptable; more than that, think about the effect that it has on emergency workers. It destroys their sense of self-worth, and means that they have to summon up courage when they go to work and often live in fear when they are at work. It also means that additional resources may be needed. Of course we have to deal with this issue.
I have a wider set of concerns around alcoholism. My mother was alcoholic and it killed her in the end. I worry that we sometimes use legislation too readily to deal with such issues. It is depressing that, in 100 years, the only thing that we have really come up with to deal with alcoholism is the 12-step process, which does not work for a lot of people who find it difficult to believe in another being above and beyond them. I hope that we will one day have far, far more significant research into what causes alcoholism and how we help people out of it, but the truth is that we will continually have to address the role of alcohol in fuelling violence and sexual violence, particularly against young women.
I thank the hon. Gentleman for raising that, because it is correct that alcohol plays a large part in assaults on emergency workers. Does he agree, therefore, that, while welcoming this Bill, we need to look further to address the issue of cheap alcohol as an underlying key cause of many of these assaults?
The hon. Lady is absolutely right. All too often, in some of our towns and villages, it is far too easy to get very cheap alcohol, and vast quantities of it. Under-age people are growing up with the expectation that they will able not just to get half a pint of cider on a Friday night but to get a whole bottle of vodka, doing themselves irreparable damage. I have been doing a bit of work on traumatic brain injury of late, and in particular how it affects the criminal justice system. It is depressing that people who get violent after alcohol will often take enormous risks with their own personal safety or will get violent with others. The brain injuries that can result from alcohol develop especially between the ages of 14 and 21, when the executive function of the brain, which sits largely at the front of it, has not yet fully developed. The damage that is done is then seen in the criminal justice system, because we have thousands and thousands of people in our prisons who have brain injuries that were never properly looked at by medics and dealt with.
As the hon. Member for Shipley (Philip Davies) said, it would be bizarre not to include sexual assault when we are looking at other areas of assault. I know that the Government have been reluctant about this and have said that we want to treat sexual assault differently, but I think it is better for us to treat it in the same terms. Alcohol Concern recently said that between a third and a half of all emergency service people who responded to their research had suffered sexual harassment or abuse at the hands of intoxicated members of the public. Over half of ambulance service workers reported that they had been the victim of intoxicated sexual harassment or assault, and 41% of police had been sexually harassed by drunken people.
I do not want to pretend that legislation, of itself, solves a problem. That is true of the whole Bill, and I will say a little more about that when we get to Third Reading. After all, if legislation, of itself, ended offending behaviour, we would have no murder, no theft and so on. However, we need to send out a clear message that trying to touch up emergency workers, make inappropriate advances to them, or make even more advanced forms of sexual approach is wholly inappropriate behaviour. It prevents emergency workers from doing their job properly, undermines morale, and makes it more difficult for us to lead a safe life. That is why I very much hope that the Government will signify, first, on amendment 2, that they accept that spitting is part of common assault or battery; and, secondly, that sexual assault should be included as an aggravated offence.
I will not give way to the hon. Lady if she does not mind. I would normally be very generous, but there is not much time.
A registrar is there solely to register that which is lawful. They are paid by all taxpayers, not just by some taxpayers. If Parliament decides that same-sex marriages are lawful, how can it be right for somebody to be rejected? Why do we not introduce a clause that says that sextons, who are public employees, can refuse to bury suicides, or that a registrar can refuse to marry a divorcee? Of course we have never done that, because we believe that everybody should be treated equally under the law. How can we say that commercial enterprises, such as bed and breakfasts, cannot discriminate in the provision of goods and services, but that the state can discriminate in the provision of marriage services? I hope that hon. Members will think twice about supporting those new clauses.
Likewise, hon. Members should think twice about supporting new clauses 4, 5 and 6, which would effectively drive a coach and horses through the Equality Act 2010. I say to the hon. Member for Enfield, Southgate (Mr Burrowes) that there is a fundamental misconception about how the Act works. It does not protect the individual belief within religion; it protects the religion. It is not transubstantiation that is protected, but Catholicism. It is not a belief in the afterlife that is protected, but Christianity. It would be invidious to introduce any special provision that breached that.
(11 years, 9 months ago)
Commons ChamberI note that with interest, and hope to comment on it later.
What of the church youth leader or parachurch organisation, or the faith-based charity that puts on marriage preparation classes? Will they be required to accept same-sex couples, or will they have to close their class or their organisation? If they do not, will litigation ensue, with all its attendant stress and costs, whatever the outcome? Will they face the loss of their charitable status or the withdrawal of any local authority grant or facilities because they do not have an acceptable equality and diversity policy? Can anyone guarantee that that will not happen as a result of this Bill? Or will such organisations and people decide to stay silent, and therefore have the precious right of free speech compromised as a result of this Bill?
What of the legal distinction between the public-servant role of the employed registrar, such as Lillian Ladele, in a local registry office and the public function carried out by voluntary registrars appointed by local churches as part of their membership across the country? If those voluntary registrars—those lay people—refuse to officiate at same-sex weddings, will they really be able to defend themselves successfully in discrimination actions in the courts, especially if the case goes to Europe? Without the principle of reasonable accommodation being part of our legislation—as it is in other countries with respect to matters of faith, and as it is in this country with respect to matters of disability—will not the Lillian Ladele precedent return when such cases are sent to Europe? She was unable to pray in aid the ECHR articles on freedom of thought, conscience or religion when she lost her case and her job. Why should people of good conscience risk ending up in the same position?
I am sure the hon. Lady will know that the Book of Common Prayer says that one of the three reasons in Christian conscience for marriage to be ordained is
“for the mutual society, help, and comfort, that the one ought to have of the other, both in prosperity and adversity.”
Why, in Christian conscience, should the state ban Christians—or, for that matter, people in ordinary society—who want to be able to share that from doing so, just because of their gender?
It is ironic that, although the Government say that they want to promote commitment and equality, the Bill will not create equal marriage. It will create different types of marriage.
Most young people aspire to be married, precisely because of the security that the commitment of marriage provides, but adultery with a married person of the same sex will not be a concept that is applicable to same-sex marriages. What message does it send out to young people about marriage, if faithfulness and commitment are no longer at the heart of it? Far from strengthening marriage and commitment in our society, the Bill risks seriously weakening them. The Government have had to put many locks into the Bill to protect people, precisely because they are concerned that they will fail, one after another.
Before each daily sitting of Parliament, prayers are sincerely said in the Chamber by many of us. Our prayers ask that we should
“never lead the nation wrongly”.
I will vote against this Bill because I believe that we would surely be doing that if it were passed.