Social Media Posts: Penalties for Offences Debate
Full Debate: Read Full DebateEmily Darlington
Main Page: Emily Darlington (Labour - Milton Keynes Central)Department Debates - View all Emily Darlington's debates with the Ministry of Justice
(1 day, 10 hours ago)
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Emily Darlington (Milton Keynes Central) (Lab)
It is a pleasure to serve under your chairship, Sir Roger.
The first duty of Government is to keep their citizens safe. We do that with the police and our court system; and, although they are not perfect, we could not do it without them. The online space is an integral part of our modern lives, and we need to treat it as such, because what happens online does not stay online.
Online safety naysayers want us to think that regulating the online space is a conspiracy to end freedom of speech. Some, such as the hon. Member for Clacton (Nigel Farage), try to make that case, while his online followers send women and members of minorities death and rape threats when they speak freely, and that includes Members of this House—like many women MPs, I receive at least one a week.
Rather than taking away free speech and democracy, we are ensuring that everybody has a voice, so that people, including the alleged victims of Andrew and Tristan Tate, can one day have an online profile again, without getting their home addresses splashed all over the internet and being doxed, as young people like to call it.
Democracy should be about ideas and debates, yet the online environment that some Members of this House want is one where people can make deepfakes, misleading the electorate; where they can threaten women with rape, to shut up those they do not agree with; and where they can make £300,000 by making 128 Facebook pages, spreading racist and AI-generated misinformation, which is then amplified by members of the Reform party—monetising hate, as the piece in The Times exposed this morning. Without an extension of our election laws to online spaces, single platforms or platform owners with specific political or financial agendas can continue to spread lies and misinformation, even going so far as to incite violence in another country. That is not democracy; that is not free speech. It is up to this Government to ward against it and ensure that our laws and sentencing are appropriate. As I said, the first duty of any Government is to keep their citizens safe.
In real life, a 12-year-old cannot go to the cinema to see a film if it is rated 15, and pornography is put on the top shelf at the newsagents, out of reach. Kids cannot buy a video game that is adult-only rated without identification. Online, however, our kids can find any kind of graphic or sexual content, of any level of extremity, as easily as they can text their friends.
The Online Safety Act is there to protect everyone. It is there to put porn back on the top shelf and out of reach of kids. It works to prevent 10-year-olds from finding graphic depictions of violence, being encouraged to become violent themselves or being groomed by strangers. Those who want to scrap the Act and the sentencing that goes along with it actually put at risk our free speech—the free speech of those who are intimidated every day for trying to express their views online—and, even more so, they put at risk our democracy. Let us bring back common sense and protect this country.
As the hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone) said, this is the first time that an e-petition debate has been instigated by a Member of this House, so it gives me great pleasure to call the culprit, Rupert Lowe.
That is a good example of the sort of question we cannot answer. We have had to rely on a media organisation putting forward FOIs to get some information. If the Government took ownership of the issue and published proper data, which might be able to pick out the nuances, we could have a more realistic debate. The hon. Gentleman is right that that could be the explanation, but we are none the wiser.
We cannot simply blame this spike on rank-and-file officers. They are often only following orders from their superiors, who point to guidance from the NPCC and the College of Policing. Another key issue is that many people I have spoken to who perhaps thought that people such as Lucy Connolly had done the wrong thing and should be punished, but were concerned about the length of the prison sentence. At the same time as the Government will not budge on this issue, they are passing legislation that will let thousands of violent sexual offenders out of prison early. Very many thousands of them will serve only a third of their sentences. The Government say that there is not enough prison space, yet their proportionate response is to say that we have plenty of prison space to arrest other people.
Emily Darlington
Does the shadow Minister recognise that when his Government were letting out rapists and violent criminals, they put in place no protections whatsoever, whereas this Government have brought in protection orders and domestic violence orders to ensure that victims are protected in these cases? Does he also recognise that the prison crisis was caused under his Government?
It may come from a man, but it is just an explanation. The early release schemes that we used, and that the Minister was previously using, excluded all sexual offences. We excluded sexual offences, and the early release schemes that continued excluded sexual offences. The Sentencing Bill makes no exclusion for sexual offences—none. We would not let out rapists earlier, and the Labour Government initially would not let out rapists, but they are now going to do so. We would not let out people who raped children, and initially the Labour Government would not let out people who raped children, but they are now passing a Bill that will let out people who raped children.
Some people say that the scheme addresses a short-term crisis, but, again, there are existing schemes that could be used for short-term prison capacity issues, such as the ones that I have talked about, which exclude sexual offences. We agree that those should be excluded. Instead of carrying on using those schemes, this Government are legislating to let rapists, child rapists and paedophiles out of prison earlier on a permanent basis. Ninety per cent of people who go to prison for child grooming will be serving a third of their sentence. If that is something that the hon. Member for Milton Keynes Central (Emily Darlington) thinks is defendable, I encourage her to go away and read the detail.
As I said, the Sentencing Bill will let out thousands of violent and sexual offenders, even if Government Members pretend that that is not what is going to happen. I would also point out that some Labour MPs understand that and would not vote for it. They understand what their Government are persuading them to vote for. They really should not vote for it. I hope the Minister will commit to looking again at the sentencing framework to ensure it better reflects the concerns that colleagues have laid out today. Otherwise, this will be a missed opportunity.
We are clear that we can restore democratic accountability to sentencing only through the abolition of the Sentencing Council and the restoration of its activities to the Lord Chancellor’s office. That is the sort of wholesale reform that is needed. We introduced an amendment to the Sentencing Bill to enable that, but Labour voted it down, proposing instead a halfway house that will not achieve anything like the radical change we need.
The right choices are there and a better way forward is available. It is true that this is a new area for our law and for society; perhaps we were always going to take time to get this right. I welcome the campaigners and individuals affected driving politicians of all parties to do so. We have had some clear proposals for reform, which are a start, but in the meantime it will sadly take more cases, more public concern and more demands for change for the Government to get this right.