Protection from Sex-based Harassment in Public Bill

Danny Kruger Excerpts

2nd reading
Friday 9th December 2022 Commons Chamber

[Miss Dines]

My hon. Friend is right. The campaign has cut through. We see posters and stickers everywhere, even on vape stores. Those who have a lot to do with young men and women have seen a change in the conversation, with young men in particular saying to their friends, “That’s not okay,” and women saying, “We’re not going to copy men’s banter.” We have seen progress, and the campaign is based on empirical evidence and the money is targeted. It is not about how much money we spend, but about how we spend it. I am glad to see progress in this area.

[Danny Kruger (Devizes) (Con)]

On offender behaviour, will my hon. Friend give some attention to the work that is being done in prisons to address perpetrators of sexual violence? The projects that support reduction in reoffending by sexual offenders are varied in their effect, and it is worth the Government paying close attention to the varied effect of those programmes. Some are better than others, but those that are good really do work and should be supported.

[Miss Dines]

One of the joys of being a relatively new Minister is the feeling that we can have substantive change. I would welcome anyone in the Chamber coming to talk to me about issues that have concerned them for years. I say to those in the Public Gallery as well as to hon. Members that every member of society can change something in this area: you can go to school or university and you can change things.

Alongside the measures we have taken, legislation has a key part to play, and that is why we are here today. As has been well set out by my right hon. Friend the Member for Tunbridge Wells and others, the Bill will provide that if someone commits an offence under existing section 4A of the Public Order Act 1986—namely, the offence of intentionally causing someone harassment, alarm or distress—and does so because of the victim’s sex, they could get a longer sentence of up to two years in prison, rather than six months. That is real change.

The Bill is deliberately not prescriptive about exactly what types of behaviour are covered. We do not want to create a tick-box approach that limits the behaviours that could be prosecuted. The explanatory notes will give Members a good idea of that. Cases will, of course, be dependent on the individual circumstances, but examples might include somebody being followed closely at night, obstructing a person’s passage down the street—otherwise known as cornering them—or making an obscene gesture at someone. The offence targets not lawful behaviour but actions clearly intended to intimidate. I know that the issues of intention and intimidation will be looked at very closely. At this stage, the right way to go, in my respectful view as a lawyer, is that there needs to be intent. The House will, of course, look at all aspects of this good Bill.

Our approach reflects our considered view that all the behaviours are covered by existing offences—though I know that others take a different view—so a wholly new offence that duplicated existing ones would not have positive consequences. We cannot just window dress things and bring in laws for the sake of it. We need to be bespoke and clever about what we are doing, and actually get results. There is a real need to provide a clear offence in law that would help to deter perpetrators and give victims the confidence to report what has happened to them. Many victims do not want the aggressor or the perpetrator just to have a slap on the wrist; they want them to have a real meaningful sentence, which will drive change.

I have mentioned intention, but it is so important. The police and the CPS will need to properly gather the evidence that they need, of course—that is the way the system works—but we are working extremely hard to improve that core part of the criminal justice process. One thing that I would like to say at this point in the debate—I know that hon. Members will say more on it—is that there are always concerns that a person could claim that they had an intention other than harassing the other person. We need to look at particular actions, such as wolf whistling. I would not for one minute say that the state needs to intervene on every piece of language used, but when intention needs to be proved we know what a wolf whistle is when it leads to nefarious motives.

This law will not, I hope, in any way say that a low-level wolf whistle gets someone two years in prison. We need to have a sense of proportion. We cannot demonise any section of society, whether it is men or women. We cannot demonise people, but we can stop perpetrators, whatever their sex is. It is disrespectful to women, and wolf whistling, as we know, extends into other behaviours. We need to look at the overall picture, and Enough’s communication focuses on exactly that.

I confirm the Government’s strong support for this excellent Bill.