Oral Answers to Questions

Edward Argar Excerpts

Thursday 28th June 2018 Commons Chamber

[Mrs Maria Miller (Basingstoke) (Con)]

9. What steps her Department is taking to ensure the effectiveness of legislation on the distribution of intimate sexual images without permission.

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

It is a pleasure that the first question that I will answer from this Dispatch Box is from my right hon. Friend, who has done so much to highlight and drive progress on these issues as Chair of the Women and Equalities Committee and throughout her time as a Member of this House.

The sharing of intimate images in this manner is a terrible abuse of trust that can leave victims feeling humiliated, degraded and betrayed. That is why we created—in section 33 of the Criminal Justice and Courts Act 2015—a new offence that criminalised the disclosure of private sexual photographs and films without the consent of an individual who appears in them, and with the intent to cause that individual distress. I am glad that people are being successfully prosecuted under this new offence, which carries a maximum sentence of two years behind bars, although there is always more that can be done.

[Mrs Miller]

I welcome my hon. Friend to his new position in the first of what I am sure will be very many opportunities to answer questions at the Dispatch Box.

When this Government made it a crime to post intimate sexual images online without consent, the then Minister said that the matter would be kept under review, particularly the calls from across the House to make it a sex offence so that victims could have anonymity. We now know that one in three victims will not take forward cases because of concerns about the impact on their lives, so will the Minister, in his new position, take another look at the issue and see whether we can do more to ensure that online sex-related crimes have the same standing as those committed offline?

[Edward Argar]

My right hon. Friend is absolutely right to highlight these issues. A range of factors can cause victims not to support charges; these include the legal and court process, the length of time the process takes and aspects such as anonymity, which my right hon. Friend mentioned. Although charging is a matter for the police and the Crown Prosecution Service, and we have no immediate plans to review the rules around anonymity, we are committed to supporting all victims of crime and to improving processes where possible. We remain committed to bringing forward a victims strategy this summer, in which we will look at these factors and broader issues.

[Dawn Butler (Brent Central) (Lab)]

Before I ask my question, may I just correct the record? It was, in fact, a Labour Government who reduced the tax on menstruation products in 2001 to the lowest allowed, which was 5%.

I concur with the right hon. Member for Basingstoke (Mrs Miller) and welcome the Minister to his new position. As we have heard, one in three cases is dropped, so would it not be better for victims and society if we made image-based sex crimes—commonly known as revenge porn—a sexual offence, so that victims can be given anonymity, just as victims will be given anonymity under provisions of the upskirting Bill?

[Edward Argar]

I am grateful for the shadow Minister’s kind words. I look forward to exchanging pleasant words with her across the Dispatch Box on many future occasions. She is right to highlight the importance of the issue. As I have said, we are committed to supporting and protecting victims. The opportunity currently exists for any victim—and, similarly, for witnesses—to apply for reporting restrictions to help them give evidence. Although we are not at this stage committing to review the rules around anonymity, we do of course continue to look at this matter. All factors will be considered as we move forward with this important legislation.

[Danielle Rowley (Midlothian) (Lab)]

T1. If she will make a statement on her departmental responsibilities.

--- Later in debate ---

[Mrs Kemi Badenoch (Saffron Walden) (Con)]

T2. Does the Minister agree that making upskirting a specific criminal offence, punishable by up to two years’ imprisonment, and closing this legal loophole will better protect victims and increase convictions?

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

I am grateful for my hon. Friend’s question. Although there have been successful prosecutions for this highly intrusive practice under existing offences, current legislation does not necessarily cover all instances of upskirting. By creating a specific upskirting offence, the Government are strengthening the law in this area. We are doing exactly what she alludes to—closing a loophole—and ensuring that the most serious sexual offenders go on the sex offenders register. We are determined to continue to work across the House and with Gina Martin and other campaigners to get this important law on the statute book.

[Dawn Butler (Brent Central) (Lab)]

Talking about working across the House, the Women and Equalities Committee’s recent report on the race disparity audit notes:

“The ability to disaggregate is essential for understanding the roles that geography, age, gender, social class and poverty play in creating poorer outcomes for some people than for others.”

The socioeconomic duty would ensure that authorities gather that data and adopt policies to tackle inequalities. Will the Government enact section 1 of the Equality Act 2010 to address the conclusions and recommendations of the race disparity audit and the Women and Equalities Committee?

--- Later in debate ---

[Edward Argar]

We are applying a very similar approach to this to voyeurism, which carries a substantial two-year maximum custodial sentence, in order to reflect fully the seriousness of the crime. In addition, we are ensuring that the most serious sexual offenders can be placed on the sex offenders register, to help safeguard society, using the same bar as in our current law on voyeurism. The Bill is focused and clear, and I very much look forward to it continuing to receive cross-party support so that it can progress rapidly.

[Joan Ryan (Enfield North) (Lab)]

T5. Will the Minister confirm whether the Government will commit further funding to the revenge porn helpline, which received over 6,000 calls between 2015 and 2017?

[Edward Argar]

I am grateful for the question from the right hon. Lady, who I know has long taken a close interest in these matters. The revenge porn helpline does great work, and within the context of the broader debate we are having at the moment, we will continue to look at it very carefully.

[Kevin Foster (Torbay) (Con)]

Will my right hon. Friend confirm that, when publishing the LGBT action plan, the Government will also publish as much as possible of the survey data on which it is based?