Non-Consensual Sexually Explicit Images and Videos (Offences) Bill [HL]

Lord Browne of Ladyton Excerpts

2nd reading
Friday 13th December 2024 Lords Chamber

[Lord Browne of Ladyton (Lab)]

My Lords, it is pleasure to rise to support this Bill and to commend the diligence and clear-sighted determination that has led the noble Baroness, Lady Owen of Alderley Edge, to bring it to your Lordships’ House today. I add my congratulations and thanks to those from all parts of the House for her doing so.

We have already heard the eloquent and persuasive testimony as to why this survivor-led Bill is needed, how its provisions close gaps in legislation and why the time is now to engage with these challenges. In the context of the cross-government mission to halve violence against women and girls in a decade, my right honourable friend the Home Secretary has repeatedly signalled her determination—she is not alone in doing this, by the way, among Ministers—to arrest the rise in extreme misogyny.

At this point in my speech, I want to make the point that I most came here to make, and which draws on the speech made by my noble friend Lord Knight of Weymouth and the reference the noble Baroness made in her opening speech to a quote from the Home Secretary. On 3 December, in a statement about stalking, the Home Secretary said:

“Let us be clear—we will use every tool available to us to give more power to victims and take it away from the hands of their abusers”.


That is what this Bill does. This tool is available, and it is available now.

My noble friend the Minister is an invidious position in this debate. I suspect that he agrees with the provisions of this Bill, but that he has to say that this is not the right vehicle for them. I challenge him to act according to all the exemptions in this elegantly drafted piece of potential legislation, which says, “You can do that if you have a reasonable excuse”. That just means an excuse with a reason. What is the reason why the Government will not live up to those strongly supported words of the Home Secretary, who said that the Government will use “every tool available” to take power from abusers and give it to victims? There is an obligation, given the nature of this debate thus far, on the Government in this case not to say, “We agree with the principle but this is not the right vehicle”. Why is that the case? If my noble friend can convince me, I will wait until the right vehicle comes along. But in short, the right vehicle is here, and it will be ridiculous if we do not take it.

--- Later in debate ---

[Lord Ponsonby of Shulbrede (Lab)]

I am very happy to confirm the point that my noble friend has raised. In fact, in my briefing, the words “in this Session” are underlined—so, yes, that is indeed the case.

[Lord Browne of Ladyton (Lab)]

Can I ask my noble friend a very simple question? Do the Government anticipate that any woman or girl will ever consent to the creation of what this legislation is aimed at—deepfake pornography to be used for revenge or for misogynistic reasons?

[Lord Ponsonby of Shulbrede (Lab)]

My noble friend raised that point with me the other day, and I checked it with advisers in the department. I think it would be unwise to assume that a woman would never, under any circumstances, consent to images being made.