(6 years, 3 months ago)
Commons ChamberI am sure that the hon. Lady shares my concern that many crimes with a gendered aspect have rates of reporting and of final prosecution that are so low. We need to look at all the reasons for that.
I completely agree. This is the point about changing the mindset. Let me reassure the hon. Member for Cheltenham (Alex Chalk) that where police forces, particularly in Nottingham, have started to record misogyny as a hate crime—this is not a new idea—it is transforming the experience of women not just when it comes to street harassment, but when it comes to violence against women in total.
(6 years, 5 months ago)
Public Bill CommitteesOnce again, I shall work with others to redraft and refine the amendment, in discussion with Members in the other place, with the intention of tabling it on Report. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
I beg to move amendment 6, in clause 1, page 2, line 13, at end insert—
“(4A) Where a court is considering for the purposes of sentencing the seriousness of an offence under this section, and either or both of the facts in subsection (4B) are true, the court—
(a) must treat the fact mentioned in subsection (4B) as an aggravating factor (that is to say, a factor that increases the seriousness of an offence), and
(b) must state in open court that the offence is so aggravated.
(4B) The facts referred to in subsection (4A) are—
(a) if, at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim having (or being presumed to have) a particular sex characteristic, or
(b) if the offence is motivated (wholly or partly) by hostility towards persons of who share a particular sex characteristic based on them sharing that characteristic.
(4C) For the purposes of subsection (4B), ‘sex characteristic’ means the protected characteristic of sex in section 11 of the Equality Act 2010.”
This amendment ensures that if the crime is motivated by misogyny then that will be considered by a court as an aggravating factor when considering the seriousness of the crime for the purposes of sentencing.
(6 years, 6 months ago)
Commons ChamberLet me reassure the hon. Gentleman: I am not proposing any particular law. What we are talking about is repealing the existing UK legislation that requires Northern Ireland law to act in a certain way. Doing so, unlike imposing a referendum or extending the 1967 Act, would be in line with our human rights responsibilities, which is why the United Nations has asked us to do this, and it would not impose a specific outcome on Northern Ireland.
Will the hon. Lady explain how, and does she agree with me that, repealing these provisions in the Offences Against the Person Act would actually give more powers to the devolved bodies?
Absolutely. The hon. Lady—my colleague in writing this proposal—is absolutely right. It simply means that the Northern Ireland Assembly, if it is reconstituted, cannot ignore this issue, because there would be a gap that then had to be filled by medical regulation.