Cyberstalking

Lord Hanson of Flint Excerpts

Tuesday 6th May 2014 Westminster Hall

[Mr David Hanson (Delyn) (Lab)]

It is a pleasure to serve under your chairmanship today, Mr Bone. I thank the hon. Member for Mid Bedfordshire (Nadine Dorries) for bringing this important topic to the Chamber. The debate is valuable in showing that there is cross-party agreement on the issue, including on the part of the Minister. The debate not only raises awareness of cyberstalking, but ensures that there is a real Government focus on measures taken to help reduce the number of incidents, and to help support organisations that can deal with the issue in a much more co-ordinated way.

[Mrs Linda Riordan in the Chair]

I welcome you to the chair, Mrs Riordan. You have missed an interesting and complex presentation from the hon. Member for Mid Bedfordshire. She made a compelling case for the impact of cybserstalking, not only on women, but across the board. As she said, cyberstalking occurs when someone becomes obsessively fixated on an individual and pursues them through electronic means, causing the victim distress or fear.

Stalking often happened before the advent of the internet and wide-ranging social media, and previous Governments recognised that by making stalking and harassment an offence. However, we are in an electronic age, and as the hon. Lady said, with the growth of a range of social media such as Twitter and Facebook, and of the internet, e-mail and texting, the ability to take stalking from physical to cyber is increasing all the time. We do not know what inventions will come downstream and widen the use of social media. There is clearly a problem that the Government and the authorities need to address.

In research by The Guardian in February 2014, 41% of women reported that a partner or ex-partner had used online activities to track or check up on them, and 37% of women have felt threatened by such behaviour. Facebook and e-mail were named as the most common means of abuse. In January 2014, The Daily Telegraph Magazine reported that prosecutions under section 127 of the Communications Act 2003, which particularly addresses menacing or offensive behaviour conducted via social media, e-mail, telephone or the internet, had dropped by 30% from 3,108 cases in 2012 to 2,221 cases in 2013. The hon. Lady mentioned that the Protection of Freedoms Act 2012 has been passed since the first figure came out, and she mentioned that there have been approximately 1,000 inquiries following the introduction of that legislation. It would be helpful if the Minister could give an overall assessment of the number of potential cases being brought under either the new legislation or previous legislation, so that we get a sense of where we are on the problem.

The National Society for the Prevention of Cruelty to Children has reported that 38% of children have been victims of cyber-bullying, which the hon. Lady has made clear is a different issue, but it shows that there is potential for not just women and men but children to be affected. In September 2013, Women’s Aid helpfully surveyed online more than 300 women who have survived domestic violence. The survey found—these are important figures in relation to the points raised by the hon. Lady—that: 45% of women who have survived domestic violence have experienced some form of abuse online during their relationship, including through social network sites or e-mail; 48% reported experiencing harassment or abuse online from their ex-partner once they had left the relationship; 38% reported online stalking once they had left the relationship completely; and 75% reported that the police did not know how best to respond to their concerns and allegations. That includes 12% who had reported abuse to the police and, rightly or wrongly, believed that they were not helped.

There is a real issue, and we need to address the points that the hon. Lady has helpfully raised. What are the agencies doing in response? We have a clear legislative framework that was put in place following pressure from outside the House and with cross-party support in the House, but we need particularly to look at the clear link between domestic violence and online abuse, harassment and stalking. We also need to consider how we can influence and change what are, as she clearly stated, online tools for people who wish to stalk, intimidate, control and coerce women in particular, but also men and children.

The impact on children can be great and long-lasting. A similar Women’s Aid survey showed that witnessing the impact of a parent being cyberstalked was particularly damaging to children’s development and growth, making them anxious or depressed, giving them problems at school and difficulties sleeping, and making them feel isolated and insecure. Cyberstalking is not simply a problem for the person being stalked; the problem extends to the wider family, particularly children.

[Nadine Dorries]

One of the reasons for that is that cyberstalking often introduces life-changing behaviour in the person being stalked. The children of parents who normally go about their business will observe that their parents, or the person being stalked, dramatically alter what they do in their day-to-day life. They might no longer go outdoors because they are too frightened, or they might change how they travel to work. They might even move house. All that has a very disturbing effect on children. As I stated, causing such behaviour constitutes a crime; a precedent has been set in court. What most victims of cyberstalking do not know is that if their life is being affected in that way, they are able to take legal action against the person who has perpetrated the crime of cyberstalking against them.

[Mr Hanson]

I am grateful to the hon. Lady for highlighting again the impact of cyberstalking, not only on the individual being stalked, by whatever means, but on wider family relationships, particularly with children. As she has made clear, cyberstalking can have an impact across the board, including on a child’s ability to relate at school and with friends. It can also affect a child’s use and development of important social media skills, because e-mail, Twitter and Facebook are important social media that have a positive effect, as well as having the potential to be used in a negative way.

That is important, and it brings me to my first point for the Minister, which backs up what the hon. Lady has said. How are we assessing the scale of the challenge? Is it simply about the number of cases reported to the police? Is it simply about the number of telephone calls made to the national stalking helpline? Is it about referrals to organisations such as Paladin or the Suzy Lamplugh Trust? What is the Government’s estimate of the nature of the problem, and how are they assessing it? What is the Government’s estimate of, and how are they assessing, the response to the legislation that was in place on stalking and harassment generally, and to the legislation passed in 2012 on cyberstalking and the use of social media in particular? It would be helpful if the Minister, as a starting point, gave both his and the Government’s assessment of whether the problem is static or increasing, whether reporting of the problem is increasing or falling, or whether the problem is increasing while reporting is falling. I would like a general indication from the Minister of how he and the Government are assessing the nature of the problem.

I support what the hon. Lady said about the agencies dealing with cyberstalking. The police rightly take cybercrime and e-crime very seriously. They are looking at a range of issues, and we hear continually about how they are addressing cybercrime and e-crime. Given the wide-ranging potential for cybercrime and e-crime generally, internationally and nationally, I would like the Minister’s assessment of where cyberstalking falls within the police’s priorities, because the police central e-crime unit is looking at those issues. What priority does it give to extending good practice to police forces across the United Kingdom? What co-operation is it undertaking with police forces across Europe and the world? How is it relating to good practice and policy? What steps is it taking to ensure that the same recognition is given to online violence and stalking as is given to stalking and potential violence in the community?

[Nadine Dorries]

This might be a good point at which to drop a piece of information into the debate. The e-crime unit—many forces across the country are not aware of this—now has a direct interface with social media sites. In fact, I think there are two police officers—the number is due to increase—who interface with sites such as Twitter and Facebook. They were not there before, but they are now. The e-crime unit hopes to increase that interface, but the problem is that police forces across the country do not know how to access those officers; they do not have the contacts or know how to get in touch with them. The police officers are there; they have been provided for by the e-crime unit. I hope that the Minister will take that away and consider how to inform police forces. The work is being done; police forces just need to be able to access it.

[Mr Hanson]

I find myself in agreement with the hon. Lady again.

[Nadine Dorries]

Always, David.

[Mr Hanson]

Not quite always. We were born within a month of each other in the same city, so there is obviously some telepathy, and we agree with each other on this point.

Legislation has been passed, and the police force has an e-crime unit. A range of demands on that unit are of extreme significance in the growing drive against crime. I want to endorse and emphasise points made by the hon. Lady. What steps are the Government taking, through the national e-crime unit and through Assistant Chief Constable Garry Shewan to ensure that all local forces are aware of the unit? What priority is given to cyberstalking in that unit? What are the elements of good practice in the response to complaints made? How many cases are being brought forward? What is the relationship between the police force and individuals when cases are brought forward, and what is the level of understanding? Those are all important issues.

When I was the Minister responsible for policing, I found that it was good to have a national policy, but sometimes the national policy is reflected by the first person a crime is reported to locally, whether in North Wales, Bedfordshire, or our home city of Liverpool. That is where the impact of the national policy is translated at local level. I would welcome the Minister’s assessment of those issues.

My second point relates to the criminal justice system generally. It is more than a year since the offences of stalking were introduced. Has the Minister assessed how the criminal justice system understands the new offences and how it responds to victims of online abuse, harassment and stalking? I am not being confrontational, but what is his assessment of how the criminal justice system understands the legislation? What changes has it made since the legislation was introduced? What assessment has it made of its mechanism for prosecuting? How many prosecutions have there been and how many have been successful? What training is offered to the staff in our constituencies who work as prosecutors, judges, and defence barristers? Those issues are important.

The third point concerns something that the hon. Lady touched on. We are talking about predominantly social media, which is not just a UK but a worldwide phenomenon. Facebook, Google and Twitter, all of which I use, and other social media that I do not, are all international. What discussions is the Minister having with our colleagues in Europe, the providers of the services and other nations to ensure we get the right balance between freedom of expression and the regulation of abuse? It is possible for an individual to cyberstalk him, me or the hon. Lady from a beach in California. The focus on the provider, on good practice on their part, and on them having a strong, effective co-ordinated complaints procedure is important, as is legislation in the United Kingdom.

The hon. Lady touched on how someone on social media can be anonymous or have several identities. Again, I do not wish to be confrontational, but there is an opportunity for the Minister to look at how we can get standardised good practice on these issues across a range of Administrations. I would welcome his assessment of whether providers such as Google, Twitter, Facebook and others understand the impact that their social media can have when they are used for cyberstalking or harassment.

Finally, I want to focus on an issue that the hon. Lady mentioned: the assessment of victims’ needs. I do so for two reasons. First, there is the initial assessment when somebody feels they are being stalked through social media—e-mail, Twitter, Facebook or whatever. What help and support is available at the start of their concerns about cyberstalking? This boils down to broad understanding. This is a new issue; when I was first elected to this House 23 years ago, we would not have talked about this issue at all. We would not have talked about Twitter or Facebook; I did not have an e-mail address or a mobile phone, and I did not get texts. All that has happened in 20 years, during my time in this House. What help and support is available to aid our understanding of the issues? Often, the first port of call might be the local Victim Support services at Mold Crown court in my constituency, which might or might not have knowledge of the impact of cyberstalking on an individual. What is the Minister doing to ensure wider awareness of the issue, and to ensure that it is seen to be important for the reasons that the hon. Lady outlined?

The debate has been helpful. I do not have any answers, and I am not trying to be confrontational in terms of the Government’s performance on these issues, but I want to see what their forward strategy is, so that we can look at the assessment of the problem, the capability of the police to respond to complaints, the capability of the criminal justice system to respond and understand the issues, the support available to people who have faced the issue, and the action that providers of social media are taking to address and understand the issue. Those are five key areas, and I am willing to engage on them with the Minister, and hopefully with my colleagues in a future Government.

This issue is important. Cyberstalking can impact on and destroy people’s lives, and it can be done from the anonymity of a Twitter feed, a Facebook page, or an e-mail address established for the purpose, in the United Kingdom, Europe or anywhere in the world. We need to address this, and I am grateful to the hon. Lady for securing the debate.

[The Minister for Crime Prevention (Norman Baker)]

I congratulate my hon. Friend the Member for Mid Bedfordshire (Nadine Dorries) on securing this important debate and on communicating her thoughts effectively and convincingly. I welcome the constructive approach of the shadow police Minister. We have three parties in this debate, and all three speakers are in the same position: we want to deal with this serious matter carefully, sensibly and effectively. We all share the abhorrence that my hon. Friend expressed for the consequences of cyberstalking. The Government has an open mind as to how we take the matter forward. We are committed to tackling cyberstalking. If there are good ideas, from wherever they come in the House, we want to look at those ideas. We have an open door as well as an open mind on these matters. I hope that the shadow police Minister will take that in the constructive spirit in which it is meant.

Stalking, whether it occurs online or offline, is a serious crime that can have devastating and debilitating effects on those targeted, as my hon. Friend eloquently set out. It is a crime that the coalition Government takes very seriously. According to the independent crime survey for England and Wales for 2012-13, after the age of 16, stalking affects 4% of women and 2% of men a year. It can affect many people in many different circumstances—incidents of stalking can take place within the context of a violent relationship or after a brief relationship, and it can involve a casual acquaintance or a complete stranger.

Victims of stalking may be affected in many different ways. They may lose their home, their family, their friends and their job in a bid to escape a persistent, fixated stalker. The most extreme outcome may be homicide or suicide. Everyone has the right to feel safe and secure and to live their life without feeling threatened or intimidated, and without being spied on. Victims of stalking have those fundamental freedoms taken away from them.

Both my colleagues referred to legislation and to enactment, and it is right to deal with both aspects. I will deal with legislation first. The Government is absolutely clear that what is illegal offline is illegal online. Cyberstalking is simply a term that describes a way to stalk a victim—using the internet—and it is therefore covered by the legislation. If people behave online in ways that would be unacceptable in any other context, there must be consequences. In 2012, we introduced two new stalking offences, which by definition include cyberstalking. We are determined that those who engage in such reprehensible behaviour are brought to justice.

My hon. Friend made a powerful case that stalking online is, in some ways, more debilitating for the victim and more damaging than it might be offline. She drew the helpful and pertinent comparison between poison pen letters, which could be called the offline method of stalking, and online stalking, with its potential impact and the ability of the internet to makes things available to far more people. Online stalking can therefore be more damaging than offline stalking—she made that point powerfully, which law enforcement agencies and the Government need to take on board.

Cyber-smearing, as my hon. Friend called the practice, is indeed more serious than poison pen letters. She was also right to say that anonymity is more possible online than it is offline. That can be more threatening and give perpetrators the appearance of having more power than they have offline, where they may be identified. People may therefore behave more outrageously and unacceptably online than they would do otherwise. The Government treats online and offline crime equally as crime, but I personally accept her point that online stalking can be more serious. We have to reflect that fact in how we approach the matter. I am grateful to her for making the case.

In answer to one of the questions asked by the shadow policing Minister, data from the Crown Prosecution Service’s report on violence against women and girls, published in July 2013, indicate that up to June of that year 91 prosecutions had been commenced under the new stalking offences. The legislation is still of course relatively new, and we will continue to monitor its use closely and carefully to ensure that it is effective and appropriate. He also asked about the number of potential cases yet to be brought forward. Police-recorded crime figures from April 2014 will give a clearer picture of stalking, because it is now separated from harassment.

[Mr Hanson]

Does the Minister have any figures for the success rate of the prosecutions? How many have been translated into convictions?

[Norman Baker]

I mentioned that 91 prosecutions had been commenced, but I do not have the figure for whether the outcomes were successful. If I can rustle up that figure during the debate, I will give it to the Chamber. Otherwise, I am happy to write to the shadow Minister and my hon. Friend with that information.

Both the Members who have spoken in the debate rightly raised the issue of training. Legislation is not enough; it is only useful if it is effective and used, and if those who have the duty to act under it understand how it works and are sympathetic to it. The police, the criminal justice system, the front-line practitioners and industry all have a role to play in tackling the appalling crime of stalking, and we are working with them to increase awareness. For example, the Home Office has developed a one-day training course to improve understanding of stalking among those who come into contact with victims. The package was developed in partnership with Women’s Aid and the Paladin National Stalking Advocacy Service.

In addition, the College of Policing has developed a training package on stalking and harassment, which last year won the silver award for “excellence in the production of learning content” at the national 2013 e-learning awards. The training package is available to all police officers and staff. Furthermore, all newly qualified police officers—uniformed officers, investigators and public protection officers—are expected to complete it. It has been completed 48,000 times by the police since October 2012.