Police, Crime, Sentencing and Courts Bill

Debate between Joanna Cherry and Sarah Jones

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

[Sarah Jones]

I understand what the hon. Member is saying, but as my hon. Friend the Member for Walthamstow (Stella Creasy) said, there is a carve-out clause particularly designed to satisfy that concern. I believe that distinguishing between serious sexual violence crimes and other forms of crime that may be enacted with a misogynistic intent would solve that problem.

These kinds of misogynistic attitudes and this kind of behaviour are more widespread in society than we care to think. We must be absolutely intolerant of it, and the hate law speaks to that. Such attitudes erode the very fabric of society and we should collectively reject them.

[Joanna Cherry]

I share the hon. Lady’s horror of misogyny, but I do not understand why although “sex” is defined in the amendment, “gender” is not. What does she understand by the term “gender” in the amendment? Why is it not defined?

[Sarah Jones]

I understand the point that the hon. and learned Lady is making. The offences are motivated by hostility towards the sex or gender of the victim, and the amendment is designed to be as inclusive as possible, but I hear what she says. Refuge and some other women’s organisations have published a good briefing that tackles some of these issues, and perhaps we could have a conversation about it afterwards. I think her concerns are unfounded, but I understand the point she makes. These issues are complex and difficult, and we must make sure we get them right.

[Joanna Cherry]

But surely as legislators, if we use a word we have to define it. We all know that there have been problems with conflating sex and gender. The amendment clearly states “sex or gender” and since “sex” is defined, as one would expect, by reference to section 11 of the Equality Act 2010, surely we can define what we mean by “gender”. If we cannot define what we mean by “gender”, why are we including it as an aggravation?

[Sarah Jones]

The aim of the amendment is to try to make misogyny a hate crime in whatever form it comes, and to be as inclusive as possible in that definition.

[Stella Creasy]

Does my hon. Friend agree that given that “gender” is defined in legislation—indeed, the Government rather helpfully defined it in their consultation document, so we have a definition of “gender”—it is therefore important that we focus on perpetrators? The point behind hate crime is that I could be a victim of antisemitic abuse whether I am Jewish or not. It is about the motivation of the perpetrator. By recognising that sex or gender can motivate hostility based on misogyny, we are ensuring that no perpetrator could have a defence where they demean a victim, and no perpetrator can avoid that hostility being reported because somebody wants to put them in the trans box rather than in the misogyny box. The amendment is inclusive, but it ensures that it protects women, whether they were born or become one, using definitions that already exist in law.

[Joanna Cherry]

rose—

[Sarah Jones]

I feel as if there should be a three-way conversation in another place to tackle some of these questions. But they are real questions, and my hon. Friend the Member for Walthamstow has campaigned on this issue for a very long time, and it is important that we listen to what she says.