(2 years, 6 months ago)
Commons ChamberI accept that. I also accept the point that my hon. Friend made. Members of the Select Committee will recall Mary Prior QC saying emphatically that we need continuity of counsel, but the judicial listing function is detrimental to that.
There are three points on this issue.
The hon. Lady mentioned the police culture and revenge porn. Does she accept that there is a cultural problem in the police in terms of reporting revenge porn, telling people whose drinks have been spiked that they are just drunk, all the misogyny in WhatsApp groups, and the behaviour at both Bristol and Clapham? Twenty people have been put in hospital by police unaccountability. Is there not an issue there about accountability and culture that we need to confront?
I thank the hon. Member for his contribution, which pre-empts what I was coming onto—the three issues that are serious and that we have not really tackled. The first is the prevalence of online porn. On checking the figures today, I found that more than half of children up to the age of 13 have viewed porn, and that rises to two thirds by the time they get to 15. Most of them say that they have seen some violent content when they were not looking for it. The numbers of children under the age of 16 who have viewed rape porn is unbelievable. I think that, when I am an old lady, we will look back at this moment in our history and think that it is absolutely unforgiveable that this form of child abuse—that is what it really is—is still operating, and it really affects the attitudes that boys have towards women. In my day, it was lad mags and lap dancers; now it is something far more pernicious.
The second point is the police culture. We have heard recently that Wayne Couzens had WhatsApp groups and those police officers have been named. We have PCs Denis Jaffer and Jamie Lewis who pleaded guilty to the grotesque crimes that they performed on the bodies of Bibaa Henry and Nicole Smallman. Then there is the Charing Cross branch of the Met, a member of which described a domestic abuse victim as “mad and deserving a slap”, and then talked about whether they would rape or chloroform somebody. There is a serious issue that goes beyond one bad apple, and I look forward to the outcomes of those inquiries.
Finally, I do not even know whether the two sides of the House disagree on this, but there is clearly more to do on perpetrators. I think that we have all come to understand that there are gateway crimes—stalking is a prime example—and there needs to be now, which the Government are getting to, a perpetrator strategy that records escalating violence.
(2 years, 10 months ago)
Commons ChamberI do not think that my proposal is at odds with what the hon. Member suggests.
Just briefly, because I am coming to the end—[Hon. Members: “No.”] I would like to focus the remainder of my remarks on the detailed work that has gone into clause 1 and the extended duty to consult, which is proposed to go into the Trade Union and Labour Relations (Consolidation) Act as new section 187A. One of the things I think is most surprising about this, despite the fact that it is obviously very persuasive at first blush, is that it immediately takes the trade union, the employee and the employer into their very first meeting talking about fire and rehire. When I spoke to my constituents and the Unite representatives who were looking after them, the thing that had been the most stressful was that they had gone into these meetings and found that from the very start, dismissal was already being mentioned as an option. It was, “You will take this pay cut, otherwise we will sack you and get you back.” That seems to exacerbate the problem, rather than improve it.
The law in this area is not working. When I speak to employers about why they have been raising fire and rehire so early, they always cite section 188 consultation obligations, the “in good time” requirement under that, and the genuine fear that they will be hit with a punitive protective award if they have not put all their cards on the table at the start. A much more sensible route would be to take the heat out of these negotiations and make fire and rehire a last resort that only comes in when all other options have been explored.
That is why we should have specific language in a code of practice. It could say something like, “An employer who begins a section 188 consultation only after it has attempted to negotiate a change in terms and conditions consensually will be regarded as beginning that consultation in good time.” Alternatively, it could say, “Where an employer is attempting to negotiate new terms and conditions before any fire and rehire process, that amounts to special circumstances that rendered it reasonably practicable not to comply with section 188.”
The hon. Member is making some very interesting points. Given that she agrees with the spirit of the Bill, does she agree that fire and rehire should be a last resort? She is looking at this matter in detail. Does she agree that it would be better looked at in Committee? We appreciate that this area is complicated and she is a great expert in it, but would it not be better for her to be forensically evaluating this Bill with good time with my hon. Friend the Member for Brent North (Barry Gardiner) and others in Committee?
I thank the hon. Gentleman for his intervention. I know that the hon. Member for Edinburgh West (Christine Jardine) wanted to intervene.