Protection from Sex-based Harassment in Public Bill

Laura Farris Excerpts

Committee stage
Wednesday 22nd February 2023 Public Bill Committees

[Greg Clark]

The hon. Lady makes an important point that underpins the sense of consensus in this Committee. We need to be clear—so that the courts are clear and there is no ambiguity—that intended harassment will be punished.

[Laura Farris (Newbury) (Con)]

One point that is getting into a little bit of a muddle is that any unwanted touching is already assault. We are talking about a different offence. The harassment provisions under section 26(4) of the Equality Act 2010 set out clearly the reasonableness test and it is applied in that sense—that is, any unwanted conduct that has the purpose or effect of violating a person’s dignity or causing them humiliation or distress. Does my right hon. Friend agree that in effect we are transplanting the civil test into the criminal law?

On the issue of intent, about which we have had a lot of discussion, surely there is not only the issue of mens rea, which is one thing, but, as in other forms of law on things like nuisance and antisocial behaviour, if the person is reckless as to whether their conduct has a certain kind of purpose or effect, that is also enough for intent. Any form of touching would already be assault: we are not into a reasonableness test because it is a different offence anyway. Putting an arm round somebody or squeezing their bottom is a different crime. If someone says something sexual to a person, it is sufficient to say that if the court says they were reckless as to whether that would cause offence, the harassment offence is going to be made out anyway. It is in common with all equivalent offences of this nature.

[Greg Clark]

My hon. Friend brings her extensive legal learning and experience to bear on this issue and makes two important points. First, we should consider, before Report, the interactions with other aspects of the law. That is certainly important and one of the key conclusions of this Committee. Secondly, we should reflect on the fact that, even as drafted, the Bill significantly moves the dial on the ability of prosecuting authorities to secure convictions for behaviour that would constitute the proposed specific offence of public sex-based harassment.