UK Elections: Abuse and Intimidation

Chris Skidmore Excerpts

Wednesday 12th July 2017 Westminster Hall

[The Parliamentary Secretary, Cabinet Office (Chris Skidmore)]

I congratulate my hon. Friend the Member for Carmarthen West and South Pembrokeshire (Simon Hart) on securing this important debate. I welcome the opportunity to address some of the issues that he and other hon. Members from both sides of the House have raised. My hon. Friend put his points across in powerful terms, as have others today, and this is clearly an extremely serious matter that Members feel strongly about. As he said in his opening remarks, this is not just about ourselves as Members as Parliament; it is about all those close to us—our family, our friends and our supporters.

The Prime Minister has been very clear that there is no place in our democracy for the harassment of parliamentary candidates and that abuse will not be tolerated. That is why today she has asked the non-partisan Committee on Standards in Public Life to carry out a review of the intimidation experienced by parliamentary candidates, including those who stood to become Members of Parliament at the 2017 general election. The review will gather evidence of harassment and consider what action needs to be taken to ensure the integrity of the future of our democratic process.

This is clearly an issue that has the potential to impact on people’s wish to stand for office and therefore has a negative impact on standards in public life more broadly. It is also about protecting the integrity of public service itself and that of the offices that we hold. The independent, non-partisan Committee on Standards in Public Life is well respected and, I believe, well placed to lead that work. It has conducted many detailed reviews on conduct and ethics and operates independently from Government, regulators and politicians.

[Rehman Chishti]

The Minister refers to responsibility in relation to conduct. Does he therefore agree with my earlier point that if a third party makes to someone in office a threat of violence directed towards another person running for office—myself in this case—and makes points that are grossly offensive, anti-Semitic and homophobic, the individual to whom that is reported has a responsibility to notify the authorities? To do nothing, as the hon. Member for Penistone and Stocksbridge (Angela Smith) said, is completely unacceptable.

[Chris Skidmore]

I entirely agree that we, like all legislators, cannot be silent on this issue. I hope that, as the committee begins to set up its review, all Members will wish to partake some of the evidence they have given today and do so confidentially, without risk of somehow glorifying the perpetrators. It will be for the committee to determine the exact parameters of the review, but we anticipate that it will want to examine the nature of the problem and the protections and measures currently in place, and whether those need to change.

The committee may also consider the broader implication of other office holders—the role of councillors was mentioned. Foremost, the review will look at intimidation experienced by anyone who has stood as a parliamentary candidate. I am sure the committee will want to progress that work as quickly as possible. It will produce a report for the Prime Minister with specific recommendations for actions, and we look forward to its findings.

On the issue of abuse and the current parameters of legislation, as was pointed out legislation is in place to deal with internet trolls, cyber-stalking and harassment and with perpetrators of grossly offensive, obscene or menacing behaviour. As a Government, we are making changes where necessary to ensure that the legislation we have is as effective as possible. For example, in the Criminal Justice and Courts Act 2015 we made changes to relevant offences to help ensure that people who commit them are prosecuted and properly punished.

The 2015 Act amended section 1 of the Malicious Communications Act 1988, which makes it an offence to send certain articles with intent to cause distress or anxiety. The amendment allows prosecutions to be dealt with in either the magistrates court or the Crown court, with the maximum penalty in the magistrates court for the offence being 12 months’ imprisonment and two years in the Crown court. The amendment also removed the previous requirement that prosecution be brought within six months, extending the time within which prosecutions for offences under section 127 of the Communications Act 2003 can be made to up to three years after the offence. As has been said, the key point is that legislation is in place; it is a question of communicating the fact that our legislation now needs to be used by the police when offences are committed and claims and accusations about those offences are brought to them.

The law is clear that what is illegal offline is also illegal online. Robust legislation is in place to deal with internet trolls, cyber-stalking and harassment and the perpetrators of grossly offensive, obscene or menacing behaviour. Section 127 of the 2003 Act created an offence of sending or causing to be sent by means of a public electronic communications network

“a message or other matter that is grossly offensive or of an indecent, obscene or menacing character”.

The Crown Prosecution Service also recently revised its guidelines on social media to incorporate new and emerging crimes being committed online and to provide clear advice, to help the prosecution of cyber-enabled crime.

The recently enacted Digital Economy Act 2017 will also help to ensure that online abuse is more effectively tackled by requiring a code of practice to be established. The code will set out guidance about what social media providers should do in relation to conduct on their platforms that involves bullying or insulting an individual or other behaviour likely to intimidate or humiliate them. The Government are considering how to take forward the social media code of practice as part of the newly established digital charter, and we will provide more details shortly about when the consultation with social media will take place.

Hate crime of any kind, directed against any community or any person, has absolutely no place in our society; I am sure we all agree on that. As a Government, we are utterly committed to tackling hate crime. The Prime Minister has made it very clear that hate crime of any kind is completely unacceptable. It divides communities, destroys lives and makes us weaker. Britain is thriving precisely because we welcome people from all backgrounds, faiths and ethnicities, and that is something we must strive to protect.

The fact that one of the first actions the Home Secretary took in her new role last summer was to launch the hate crime action plan shows how important tackling hate crime is for the Government. The Home Secretary has also asked Her Majesty’s inspectorate of constabulary to carry out an inspection of all five monitored strands of hate crime, to build up a national picture of how effectively and efficiently police forces are dealing with it. The inspection will take place during 2017-18, and the Government will be keen to see the findings and then consider how they should be taken forward.

The Government are determined that no candidate—regardless of their party, background, race, ethnicity or sexuality—should be forced to tolerate abuse, online or offline, whether it is physical abuse or the threat of violence or intimidation. It is utterly unacceptable in our modern democracy, which we believe is an inclusive and tolerant one, for the incidents of abuse discussed today to be allowed to go on unchallenged. I met the Law Commission this week and the Electoral Commission last week to raise the issue of candidate abuse. I look forward to the Committee on Standards in Public Life’s review of intimidation experienced by parliamentary candidates and the eventual conclusions of its report.

We, as Members of Parliament and as a Government, cannot be silent on this matter. The law exists to protect candidates, and I urge anyone who has evidence of abuse to present it to the committee as part of its review, to the Electoral Commission as part of its review of the general election and, above all, to their local police force, which must take this issue very seriously.

I thank Members on both sides for contributing to this important debate, which I hope will mark a turning point, not only assisting increased detection of intolerance and abuse in all forms, but marking a cultural shift, whereby we, across all parties, work together to stamp out these vile forms of abuse and tackle the fundamental point that this is not acceptable or permissible. We owe it to our democracy to make clear that intimidation and abuse have no part in our society, not only for candidates who stood at the recent general election but for future generations of men and women who are considering entering public life and standing for election. No one must be deterred from playing their part in our democracy, which is why we must seek to end the corrosive effect that abuse and intimidation has of actively discouraging future generations from standing as our representatives.