(1 week, 6 days ago)
Commons ChamberI pay tribute to everyone who has contributed to the Martyn’s law campaign, the incredible group of individuals who are the Survivors Against Terror, and all the businesses, charities, local authorities, civil servants and security partners that have helped to shape the Bill. Most importantly, I thank the tireless campaigner Figen Murray, and her son Martyn in whose name this Bill has been devised. I would like to reflect for a moment on Martyn and the 21 other innocent victims who were killed in the heinous attack in the Manchester Arena in 2017. The loss of their lives and the pain of their families and friends must never be forgotten.
I pass on the apologies of my hon. Friend the Member for Rutland and Stamford (Alicia Kearns), who is unable to be present today to speak on behalf of the official Opposition.
Martyn’s law was a manifesto pledge for the Conservative party, and we published a version of the legislation in draft during the last Parliament. We took the issue of public protection very seriously when in office. We delivered £1 billion of counter-terrorism funding for 2024-25, so our forces can mount a swift and effective response to any terrorist attack. Funding will total at least £1 billion in 2024-25 as we provided essential support for counter-terrorism policing and ensured the police had the resources they needed to meet and deal with the threat of terrorism. We enshrined our Counter-Terrorism and Sentencing Act 2021 in law, introducing tougher sentences and ending the automatic release of potential terrorist offenders. Those found guilty of serious terror offences will now be handed a minimum 14-year prison term and up to 25 years on licence.
Part of the reason for publishing this legislation in draft was a concern to get the balance right for the different premises to which it applies—their responsibilities, and how feasible it is for them to effectively comply with those responsibilities and with public safety. We are grateful to the Home Affairs Committee, which undertook pre-legislative scrutiny of the Bill and made valuable recommendations, and to all those who responded to the Home Office consultation. It is because Martyn’s law is so important that it is imperative we get it right in this place. It is in that spirit of support, co-operation and openness that we have suggested small amendments to the Bill.
New clause 1 would require the Secretary of State to produce a report on the effectiveness of the Security Industry Authority as the regulator of these new provisions for both this House and other places within 18 months of the passing of the Bill. This is in recognition of the challenges inherent in extending new regulatory powers to an existing body. The report would include a comparative cost-benefit analysis of the SIA’s regulatory functions and an analysis of the implications if those functions were alternatively carried out at the local authority level.
The SIA’s role in this Bill is extensive, and it is our view that a review after the roll-out of the new provisions will provide the Government with the opportunity to take stock and decide whether the existing arrangements are the most effective regulatory framework. If they are a success, that is fantastic, but if there are issues, it is surely best to address them early and, if necessary, make changes then and there. I know there has been some anxiety from organisations about a perceived lack of clarity in how the SIA will approach regulation and whether it has the institutional dexterity to understand such a diverse range of venues.
From my discussions with relevant representative groups, businesses and venue operators around the country, I know there is wide-ranging support for the changes in our amendment from the industry. They want to ensure their venues are as safe as they can be. Indeed, many have already taken steps unilaterally to improve security and are eager to work with the Government on further progress. However, there is a feeling that current advice and guidance is limited, and this lack of information is leading to anxiety, particularly at a time when business confidence is falling and new taxes are incoming. Therefore I ask the Government to ensure that affected venues and industries are given full advice on how to comply with the incoming regulations as soon as possible. By agreeing to a future review of the SIA’s regulatory effectiveness now, the Government can ease those anxieties and ensure that everyone is focused on the most important objectives: delivering the provisions in the Bill and bolstering our collective security. For that reason, I ask the Government to support new clause 1.
We have tabled amendment 27 in a similar spirit of openness and co-operation. It would prevent the Secretary of State from increasing by regulations the daily amount venues can be fined under this legislation. As the Bill stands, places that are classified as standard duty venues can be fined up to £500 a day for violation. For those classed as enhanced duty venues, the fine is £50,000 a day for violation. I know the Minister will have met many of the organisations that are required to make changes under the Bill, and I am sure that he, like me, found them to be actively supportive of the changes and genuinely interested in working collaboratively towards better safety regulations.
Without the regulations and guidelines being set out clearly, there is a risk that businesses will worry about being fined quite heavily just because they do not quite know what they should be doing. Does my hon. Friend agree that this amendment and new clause 1 will help cement that clarity in place?
All the people in the industry are genuinely and wholeheartedly committed to improving the safety of their venues, but there are anxieties and concerns about what that means. The review of who is in charge and who is responsible for ensuring compliance will get rid of those anxieties and foster confidence in the industry and let us move forward together with the industry.
We would like reassurance about how the Government intend to use the powers to increase the rate of daily penalties. The Bill allows the SIA to levy large fines for non- compliance with the requirements of this legislation in addition to the daily penalties. For a sector recovering from covid, those could be difficult to meet, as could a daily penalty of £500 levied on a small organisation run by volunteers.
We have heard from several trade associations about the potential impact. Neil Sharpley, policy chair of the Federation of Small Businesses, said the FSB is “broadly supportive” of the Bill but added that
“we are concerned about the administrative impact of the burden that will be imposed on smaller businesses, and we are concerned about the costs.”
Michael Kill, CEO of the Night Time Industries Association, said that
“it is crucial to address the proportionality of the proposed measures, within all settings. We must ensure that the balance between heightened security and practical implementation is carefully considered.”
I welcome the progress of this important Bill. We know the danger of terrorism in this country for the constituents we represent. There have been 15 domestic terror attacks since 2017, as well as the tragic arena bombing. That excludes terrorism in Northern Ireland. There have also been 43 late-stage plots foiled by the security services. We recently heard from the head of the Security Service about a 48% increase in terror investigations in the last year alone, so the threat is absolutely real and it is always changing.
We have had various attacks, including the marauding-style terrorist attacks that we saw so tragically here in London some years ago. The Bill is a crucial to making sure that premises, businesses and venues do what they can to keep people safe. We know from businesses and venues that they understand their obligations to their patrons, whoever they might be, and they want to keep them safe.
We have had a healthy debate about the Bill’s provisions. There has been a sensible, mature, cross-party discussion about what works and what is practicable. I pay tribute to Manchester city council for the exercises it undertook. It worked with businesses to ensure that measures were both sensible and proportionate while keeping people safe. Across I think 10 sessions last year, and having spoken to 700 businesses and 2,000 people, it went through some of the measures in the Bill, and businesses overwhelmingly supported them. They understood the need for them, and that they were not onerous. Those ranged from businesses as large as Printworks, which many people in Manchester will know, down to local restaurants and bars, and the response was incredibly positive.
I say that because I want to reassure hon. Members from across the House about the proportionality of the measures in the Bill. In fact, I will quote Gareth Worthington, the night-time economy officer at the Manchester business improvement district:
“If a venue operator does not know how to evacuate their venue they should not be running that venue and if training can be provided to help make that evacuation safer then venues should grasp it with both hands.”
On the thresholds, we have arrived at a sensible place. We had a healthy debate in the Public Bill Committee on them, and I think they are reasonable. I reiterate that I think campaigners would perceive any tweaking of provisions on the thresholds or delegated powers for the Secretary of State as a watering down of the Bill.
I spoke to many venues across my constituency this weekend, and actually they were more put off by the ambiguity of the Bill and the lack of specifics that they will be required to undertake. New clause 2 would give them that clarity and ensure that they knew exactly what was required of them under the Bill.
I think that the volunteer side in particular is concerning a lot of people. One thing that strikes me about new clause 2 is that, given that these are often volunteer organisations, who would fund the training? Has there been thought about who would pay for it and how much it would cost? Small venues like my village halls may struggle to make a couple of hundred pounds a year, let alone be able to afford further training. I wonder if the hon. Member would enlighten me on how that may work.
I suspect that that will be a question for the Minister when we come towards the end of the debate. It is certainly something that volunteers will seek clarity on so that they can know exactly what is required of them under the Bill. Without adequate training, we will end up with just vague asks of them, and they will not know exactly how to carry out their duties under the legislation.
My hon. Friend is reasonable and a very good colleague in the way she carries out her duties in this House, so it will come as no surprise to hear that I absolutely agree with her. I do say that about some Government Members, so I am not being partisan—[Interruption.] Most of the time. However, my hon. Friend makes a good point.
That is why the Minister should see new clause 1 in the spirit in which it is intended. We do not want to disrupt the passage of the Bill. We do not want to disrupt the good intentions and the outcomes that everybody, on both sides of the House, wants. As a Conservative, I naturally think that the state should not be big or oversized. When we set up organisations such as this, it is natural that the House and Members will want scrutiny functions to make sure that the organisation acts within the spirit of the law and within its jurisdiction and responsibilities. I think that is perfectly reasonable.
For me, when we think about creating the regulator, it is about ensuring that it is effective. It needs to be staffed and funded appropriately, and we need to ensure that it does the job that the House expects it to do. The idea of having a system to report back is important when we make these provisions. When my hon. Friend was shadow Minister, did he give any thought to how many businesses come within scope, and whether there are resources in the regulator to even provide those assessments, so that we can make sure that it is held accountable and that this is effective legislation?
I am struggling to understand quite how that falls within the scope of this debate, but it is important to discuss the issue of how we deal with terrorism. As we have seen in the history of this country, terrorist attacks can be both foreign and domestic. They can be homegrown, or they can come from overseas. I have talked about the need to prepare for an attack before it happens, so that mitigations can be introduced. They can be long term, which means looking at where the threat is emanating from, or they can be immediately in advance of an attack, which means introducing security measures. My argument, however, is that the benefit of the Bill relates to what happens after the attack has taken place. We need to help the smaller venues that now find themselves within the scope of terrorist attacks to prepare for those attacks. It is not a question of who committed the offence, but a question of how they are prepared to deal with that event.
I was fortunate enough to listen to the hon. Gentleman’s Westminster Hall debate on the Edinburgh fringe and its success around the world. That is a prime example of where the Bill might be helpful. Has the hon. Gentleman given any thought to how those small venues can work together? If they share best practice, that can create an environment of security. I wonder whether the fringe organisations themselves have thought about this, given that they are, by their very nature, likely to be a target. Sharing best practice may help to strengthen the entire environment when people visit it.
That intervention was slightly more in scope and was also about Edinburgh, so I was happier to take it.
The hon. Gentleman is right. Indeed, in advance of the Bill Committee debate and the debate that we are having now, I spoke to Edinburgh city council and to some of the event organisers, who told me that it is exactly because Edinburgh has become a place where fringe events take place regularly that these considerations have been normalised. Our city has put a lot of the necessary infrastructure in place, along with the thinking and the organisational requirements—and there is also a corporate memory between the small venues—to cope with terrorist events. As Andy Burnham pointed out in his evidence, Edinburgh is one of the national leaders on this front. However, I recognise that not every community has that advantage, which is why the Bill will extend to other communities the measures that already benefit mine.
With great respect to the hon. Gentleman, this is not about fire regulations; it is about making sure that nobody dies, which is different. It is much, much more than fire regulations, which require people to check whether an extinguisher is working. This Bill is about making sure that nobody comes in to kill anybody, so it is a different scenario. I respect the hon. Gentleman, but we have to get a bit of focus.
I am reminded of the community hall where the Rev. Robert Bradford was killed. The caretaker was on the door when the IRA came. They shot the caretaker and the reverend, and his plaque is at the back of this Chamber. I am ever mindful of his courage and the stand that he took. These are the things that we deal with. We are not better than anybody else, but these are the things that we have faced down the years.
I want to focus on churches. On Second Reading, I spoke about Northern Ireland’s unfortunate experience of these matters, and about the need for churches and places of worship to have a plan in place. I made it my business to go and talk to my churches and to get their thoughts. They want to be part of the process, so we need to see how we can help them. I note that a few of my questions have been asked by other hon. Members, so I will restrict my remarks to churches’ questions about their roles and responsibilities. I ask my questions constructively.
On new clause 2, which I understand will not be moved tonight, I have spoken to a number of churches and key holders in my constituency, and they have all told me that they include terrorism plans in their annual child protection training, which they undertake at their own cost. Those are massive steps for people who may have faced some of these things in the past, but who suddenly find themselves thrown into the cauldron because of where they are. One church highlighted that it ran a special awareness event after the Southport atrocity in recognition that the church hall, where most of the adults gather, is a different building from the one used for church events.
I just want to understand how the process will work. This hyper-awareness is good as long as it is not driven by fear. I want to focus on that fear. I think it was the hon. Member for Hamble Valley (Paul Holmes) who referred to the fear that some people experience on these issues. In church services and meetings, where there are children and elderly people present, or in community group meetings, we do not normally have to deal with these things, but now we have to, because it is important. The legislation is important. That is why the Minister is bringing it forward, and why the House will support it.
We need to ensure that the larger venues and churches have support, so that there is no fear—just a plan of action. People can focus on the fear and become incredibly worried, or they can focus on a plan of action to ensure that if something happens, they can stop it. That is where I wish to focus. I will give the example of Queen’s hall in Newtownards in my constituency, which can hold about 300 people. The events that I have been to there are nearly all charity events. It holds charity events, church events and fundraising events for missionary organisations, and they all galvanise a lot of people and bring them in. My right hon. Friend the Member for East Antrim (Sammy Wilson) referred to the onus being on the organisations. I always try to be constructive, and I ask the Minister constructively what that will mean for how such places function, and how they will focus on looking after the people.
I also ask for clarity on the help that churches can expect to receive on training, to ensure that they are compliant with the standard tier expectations. They are not saying that they will not do what the Bill asks. They will; that is not the issue. I am just thinking about how we can help those churches, charity groups and others to gain the experience that they will clearly need. Will funding be made available to the charitable sector for the provision of training and assistance? Will a dedicated professional be available to churches on this issue? Will they check that churches are compliant and have a fit-for-purpose plan of action? That is my request on behalf of the churches that have spoken to me.
We must remember that churches can be largely self-governing, and the smaller churches outside the mainstream of the Presbyterians, the Anglicans, the Methodists and the Roman Catholics do not have bodies to break this down for them. I am asking on behalf of those smaller churches. I attend a smaller church—the Baptist church—but I am also thinking of the Elim church and the Brethren halls, of which my Strangford constituency has a great many, with large congregations. I make these queries in a constructive fashion, and I know that the Minister will give the answers, not just to me but to everyone in the House.
I too have lots of churches in my constituency, and while I fully support the legislation, I do worry about some of the rural churches. There is a risk of a fine, if they are not compliant. Does that mean that there is a risk that those venues, which are already under stress, would not be able to open? I hope that is not the case, and that the Minister can allay some of my fears, but given how the legislation is written, that could be a prospect. That would be very damaging for many of the rural churches in the hon. Gentleman’s constituency.
The hon. Member has made his point very well, and I am sure that the Minister will answer it. I just want to make sure that the churches, the charities, the missionary groups and the community groups across this great United Kingdom of Great Britain and Northern Ireland are able to meet, and that they get the necessary help to ensure that normal life continues. The churches all need to know what to do and when.
It took me a long time to be able to talk about the Southport stabbings, because they left horrors in the mind of every one of us. They shocked many on the mainland, but in Northern Ireland they recalled to our memories horrific attacks and the days of having men at our doors during a service. Times have changed, and so too have procedures, but we still have enough trauma to recognise the danger. The churches and charity groups tell me that they want to be equipped, and to be able to respond. This legislation calls for the churches and the charities to be equipped. I am asking the Government, and in particular the Minister, to ensure that there is help and support, in case the unthinkable does take place.
(2 weeks, 6 days ago)
Commons ChamberI thank the Secretary of State for her statement, and I ask my question in the context of my entry in the Register of Members’ Financial Interests. I also thank her for talking about the UK’s strong history of welcoming people who are trying to escape persecution. We should not forget that at the heart of the organised people smuggling into this country are people being exploited and dying. The last Government were reduced in their final days to sloganising about people coming on boats, and about the Rwanda scheme, which brought shame on our country. I was appalled to hear the right hon. Member for Croydon South (Chris Philp) try to defend the scheme, and shocked to hear him describe the drop in the number of students coming to the UK as something to be celebrated.
(11 months, 1 week ago)
Commons ChamberThe hon. Gentleman raises an important point. Of course, one feature of the island of Ireland is that there is essentially no border between the Republic of Ireland and Northern Ireland, and he has alluded to the various challenges that poses. I would be happy to take up that issue and to see what more we can do to disrupt the supply of drugs north-south and east-west. I thank him for raising the issue.
We are making significant progress on closing hotels, with 50 due to be closed by the end of January and more in the coming months. We are also working to move asylum seekers into alternative, cheaper accommodation and have successfully cleared the legacy backlog by deciding more than 112,000 cases, while maintaining the integrity of the system.
Last year, after the police, the fire service and I raised concerns, the Home Office closed the OYO hotel in Earl Shilton. However, Leicestershire still has asylum hotels open, including just over the constituency border in Appleby Magna, for example, and my constituents are concerned. Will the Minister set out a timeline for when the hotels may close or, more likely, will he set out how the least suitable hotels will be closed first so that, as the backlog is dealt with, the closing of hotels falls in line, too?
As I set out, we are making good progress. I hear calls from colleagues from throughout the House for closures in their constituencies. We need to stick the course on delivering that, taking into account a number of factors including the ease of exit, the speed of exit, the fact that notice periods come into play and, crucially, value for money, which the taxpayer would rightly expect.
(1 year, 1 month ago)
Commons ChamberI feel very strongly that we are sent to this place to represent the interests of our constituents, and we should not elevate the interests of illegal migrants over those of the communities we are elected to serve. That is the approach that my hon. Friend has taken in fighting tenaciously to get that hotel closed to asylum seekers and returned to the community uses that his constituents value. We want to see more such hotels closed across the country.
I am grateful to the Minister for announcing that 50 hotels will close. Will he consider putting a list in the Library so that we are able to see the names—I have hotels bordering my constituency but not actually in it—and will he do that for further tranches too? The Government propose putting caps on the number of illegal migrants we are willing to take. When will that be brought forward for a vote, and when will the consultation finish, so that we can manage the demand?
We will not publish the list under long-standing Home Office practice, as we are advised by the police that it is preferable not to name the hotels because we have seen protests and community tensions in the recent past.
We legislated for the cap in the Illegal Migration Act 2023, and we will shortly publish the consultation, which will ask every local authority how much capacity it has to house individuals who come to the UK through safe and legal routes. We will move away from an era in which we in Westminster posture and virtue signal while our local communities and councils have to pick up the bill. As a result of that consultation, we will bring forward our proposal to Parliament and have a vote on it, if colleagues so wish.
(1 year, 7 months ago)
Commons ChamberAntisocial behaviour brings misery and menace. On 27 March, the Government launched the antisocial behaviour action plan, giving the relevant agencies all the tools they need and communities confidence that it will not be tolerated. The plan focuses on making communities safer, building local pride, prevention and early intervention. These proposals will ensure perpetrators are punished and help to restore pride in our communities.
My hon. Friend does a great job of standing up for his constituents on antisocial behaviour. In March, we launched the action plan to crack down on precisely the behaviour he has been talking about. The plan is backed by more than £160 million of new funding. That includes funding for an increased police and other uniformed presence in ASB hotspots. I am glad that his force has also been chosen as one of the pilots.
I am pleased to see the plan being brought forward, because only last week I was speaking to parish councillors from Bagworth who have had real problems with vandalism and graffiti in some of their playgrounds —so much so that they are thinking of closing them. I have heard of this happening in places such as Earl Shilton and Barwell, too. Will the Home Secretary say how the plan will support communities such as mine?
I was pleased to visit Leicestershire police force some months ago. I am committed to supporting communities and the police. I am pleased that Leicestershire police has received £2.8 million through four rounds of the safer streets fund, including £800,000 in the current round, to fund projects such as youth diversion activities, antisocial behaviour education programmes, and target hardening. We have funded several initiatives, and that is how we work together with other agencies to ensure that our streets are safer, communities can restore pride, and ultimately that criminals are put behind bars.
(1 year, 7 months ago)
Commons ChamberThe legislation is having a chilling effect on people’s ability to protest. The Minister knows that that is the case because that is the very purpose of the legislation.
I will go on. I have campaigned for the self-determination of Kashmir; I have supported the protest that is Pride; I supported the March of the Mummies along Whitehall; I have supported the Women Against State Pension Inequality campaigners, who have campaigned outside this building against the atrocious loss of their pension rights; I have joined trade union demos; I have joined protests in support of those excluded from the Government support scheme; I have campaigned alongside people protesting about the Government’s intransigence on contaminated blood; I have protested on the side of the paragraph 322(5) highly skilled migrants the Home Office sought to remove for no good reason; and I have joined regular demonstrations in my constituency in Glasgow, including in George Square, on the Buchanan Street steps and on Glasgow Green. Like everybody on the SNP Benches, and the many thousands of SNP members and independent supporters over generations, I have protested the radical and necessary aim of Scottish independence and breaking up this failing British state.
If the hon. Gentleman wants to tell me which protests he has joined, I would be glad to take his intervention, too.
People should have the right to protest in the way they see fit. This Government are running scared of protesters, who have had to take radical steps because the Government are not listening to their legitimate concerns.
Well, then the hon. Member will have no say at all. Of course, in a referendum held in September 2014 the people of Scotland spoke very clearly and said they wanted to remain in the United Kingdom. I respect their wishes, and it is a shame that he does not.
Let me turn to the provisions of this Bill and the reasons why it was passed by both Houses of Parliament just a few weeks ago. The law-abiding majority are clear: they are sick of transport networks grinding to a halt and busy areas being shut down by deliberately disruptive protesters; they are sick of artworks being damaged; and they are sick of being unable to get their children to school, unable to get to hospital to have medical treatment, unable to get to work to earn a living, or unable to see their loved ones because of deliberately disruptive protests.
The Minister is very clearly making the point about why the majority of the public supported the Bill. Is this not the reason why Labour Members are not opposing the Act? Even they have realised that the majority of the public do not want their day-to-day lives ruined by a few who choose to sit in roads or glue themselves on to various objects, which just is not fair to people who want to get on with their lives.
My hon. Friend makes two very good points, both of which pre-empt what I was going to say, but let me come to the official Opposition. They obviously voted against the Bill on Third Reading and at various other stages during its passage, yet the Leader of the Opposition, just a week or two ago, said that he now did not favour its immediate repeal and wanted to see how it beds in. I do not know how the Opposition will vote today. It is of course entirely possible that there will be another U-turn, although I must say that two U-turns in three weeks is quite a lot even by the standards of the Leader of the Opposition, so we will have to see what they actually do.
On the wider point my hon. Friend makes, I completely agree. We on the Government side of the House of course accept that peaceful protest is a fundamental human right. We of course accept the article 10 and article 11 rights, and this Act is compliant with those obligations. However, when it comes to people who are not simply protesting, but deliberately and intentionally setting out to disrupt the lives of their fellow citizens in a way that is deliberate and planned—for example by gluing themselves to a road surface, dangling themselves from a gantry over the M25 or walking slowly down a busy road—they are not protesting, but deliberately disrupting the lives of their fellow citizens. We say that that is not fair and is not reasonable. We say that that goes too far, and I believe the British people agree with us. It sounds as though the Opposition may do so as well these days, but that seems to change from one week to the next.
(1 year, 9 months ago)
Commons ChamberI thank the Home Secretary and the Prime Minister for listening to me and many people in Hinckley and Bosworth and across the country who want illegal immigration and the boat crossings to stop. Can she tell us practically how long she expects it to take to bring the legislation forward? More importantly, will Border Force have the resources to implement it?
We are introducing the Bill today and we hope that the parliamentary authorities will allow us to move swiftly on its progress. We want to start scrutinising and voting on the measures put forward as quickly as possible, because we want to get them on the statute book and operationalised as soon as possible. It is an urgent challenge and we need to move quickly.
(2 years ago)
Commons ChamberI beg to move, That the Bill be now read a Second time.
Two weeks ago, a group of more than 50 girls and women walked after dark from Rusthall, one of the villages in my constituency, to the centre of Tunbridge Wells. Those women, several of whom are in the Public Gallery, walked together to make a point. They felt safe together, but had they walked the same route alone at night, they would have felt afraid. Some would not have embarked on the journey at all, and many would have taken avoiding action such as getting a lift, a bus or a taxi. Some would have arranged to walk with someone else. Others would have deployed tactics all too familiar to women and girls across the country such as pretending to have a conversation on their mobile phone to signal that they were in contact with someone else. If alone, they would have been fearful of being followed or of having an offensive, suggestive or obscene comment directed at them, or of being obstructed or intimidated as they walked alone, as well as the fear of being physically assaulted.
For every woman and girl on that walk, hundreds more find that they have to engage in these routines and protections day in, day out to feel safe—and that is in Tunbridge Wells, a place with a strong community, a committed police force and less crime than in many others. When I visit schools, and especially sixth forms, confidence in using our streets, especially at night, is almost always raised by students, including by one young woman who came to see me to describe how outraged she was by the experience of being kerb-crawled by a man in a car when she was out jogging one morning. Why should a woman feel less confident on our streets than a man? The streets are theirs equally, but that is not how it is experienced.
According to the charities Our Streets Now and Plan International, who have done so much to highlight the issue and press for change, twice as many girls and women feel unsafe when alone on our streets as do boys and men. It is not just the commission of physical violence or assault that makes women feel unsafe. Deliberately distressing acts such as following a woman closely through the streets at night or directing explicit, abusive comments at women can and do contribute to that insecurity.
At the moment, there is no specific offence of public sexual harassment, yet in private settings, such as the workplace, everyone knows that sexual harassment is specifically and explicitly prohibited. Other types of harassment in public are identified in law—rightly, in my view—as being especially serious. They include harassment of someone on the grounds of their race or because they are gay. My Bill would close a loophole in the law whereby deliberately harassing another person on the grounds of their sex with the intention and effect of causing alarm or distress would be a specific criminal offence. It would, like harassment on the grounds of sexuality or race, be capable of similar penalties, should the court wish, as those other crimes.
The proposal was subject to a consultation carried out by the Home Office. I am grateful to the former Home Secretary, my right hon. Friend the Member for Witham (Priti Patel), for her passionate commitment to confronting the issue and for launching the consultation before the summer. The Bill follows that consultation, and I am grateful for the assistance of the current Home Secretary, and to the Minister and her officials for their help in preparing it.
The Bill is a simple one, as private Members’ Bills should be. It is intended principally to close a loophole and bring into alignment the treatment of harassment on the grounds of sex with harassment on the basis of other protected characteristics. It follows the comments of the Law Commission to its report on hate crime laws in December 2021, which said the Government should consider
“a specific offence to tackle public sexual harassment, which would likely be more effective than adding sex or gender to hate crime laws.”
One reason not to simply add sex to the list of hate crimes is that although harassment on the grounds of race is considered to be driven by a hatred towards a person’s race, specifying hatred or hostility could leave open a legal defence that a man who deliberately harassed a woman in public was not guilty of a hate crime offence, because it could not be proved that his behaviour was motivated by actual hatred of women. The simplest way to proceed, and a subject that the Home Office consultation examined, is to add to the existing law of harassment in the Public Order Act 1986. My Bill would therefore add a new offence of intentional harassment, alarm or distress on the basis of sex to that Act of Parliament.
Under my Bill, if an act of intentional harassment, alarm or distress is carried out in a public place because of the relevant person’s sex, an offence of sex-based harassment has been committed and can be punished, as with offences on racial grounds or grounds of sexuality, at the higher tariff that applies to those crimes by dint of the Crime and Disorder Act 1988—in other words, above the limit set in the magistrates court.
It is important to make a few features of the Bill clear. First, it is not meant to—nor will it—criminalise thoughtless or clumsy words. It is sometimes the case that behaviour, although unwelcome, is not motivated by the deliberate intention to cause alarm or distress. Sometimes, men and boys—even girls and women—can say or do the wrong thing without meaning to make another person threatened or alarmed. Such behaviour is not within the scope of the Bill, neither is behaviour that would be considered reasonable by normal standards. The Bill targets people who deliberately target other people to do them harm.
Secondly, although I referred to sexual harassment, the scope of the offence includes, but does not have to entail, a motivation of sexual gratification. Just as in the workplace, the harassment of women may be based on attitudes towards women that might not be best described as linked to sexual gratification. Thirdly, the Bill is drafted to address the specific loophole in the law about harassment based on sex. That means, in principle, that it applies to women and men if they are deliberately publicly harassed based on their sex. Public sexual harassment can affect men and boys, but we should be clear that it disproportionately affects women and girls.
Some might be concerned that my Bill, if enacted, would place extra pressure on police forces to investigate and arrest those suspected of deliberately sexually harassing women in public places. We all want the police to focus on fighting crimes, but these are serious crimes that affect the lives of millions of girls and women every day, causing them to change their behaviour when they should have no reason to do so. Recent years have shown that it is important that all of us, including the police, give greater attention to the protection of women. The consequence of passing this law to make sexual harassment in public a specific offence, triable if necessary in the Crown court, will be to establish that setting out deliberately to alarm or distress a victim is a serious matter that will be dealt with seriously.
The real purpose of the Bill is to help to change the culture of society so that it becomes even more obviously unacceptable to abuse, humiliate and intimidate women and girls in public. I hope that few prosecutions under the law would ever be required, but it is important that the law is there. We have seen that this is possible. To see someone abusing someone else racially in public is now universally seen as deeply shocking and obviously wrong. In my spare time, I enjoy attending football matches, and it is not many years since it was quite common to hear racial abuse on many terraces. It would be inaccurate to say that it has been completely eradicated, but it is vastly less frequent and is taken with great seriousness not just by the authorities, but by other people present.
Too many girls and women feel unsafe when alone on our streets—twice as many as men. Two thirds of girls and women have changed their plans at some time because they have been worried about or have experienced public sexual harassment. Our streets are their streets, and they should not have to do that. The Bill, if it is supported by Parliament, would eradicate the unconscionable situation in which public sexual harassment is not a specific crime. It will make it clear that the crime is serious and it will provide sanction against those who deliberately set out to frighten women and girls on our streets. It is a tightly drawn but, as I hope the House will agree, valuable step in protecting the more than half of our population who, for too long, have had to change their ways of living their lives when the abusers should change theirs.
My right hon. Friend is making a fantastic point. I fully support the Bill, but it still has to go through Parliament. Is he aware of the StreetSafe service, run by the police, through which any person who feels unsafe can report dark spots, lights that are out and difficult areas? Authorities can then look at and address them to make sure that we are immediately safer in our communities.
My hon. Friend makes an excellent point, which allows me to emphasise that although I think my Bill will be a great step forward in providing for a specific offence, many other measures are needed. That includes providing information nationally and, especially, locally. I commend the Home Office for its initiative in recent weeks to advertise in public places, encouraging people to step in when they see women and girls being abused. All of us as Members of Parliament and everyone in the community can step up and make a difference through those actions.
Those of us in the Chamber today can go a step further and make it very clear that the offence of harassing someone on the grounds of their sex in public will be taken very seriously. It will provide clarity that people will be arrested for that, and I hope that it will lead to a safer future for women and girls in this country. On that basis, I commend the Bill to the House.
I completely agree. Indeed, one of the frustrations that many of us have had through the years has been police sources in forces that do not adopt this approach saying that it is a resourcing issue. There is no other form of crime to which we say, “Look, there’s just so much of it that we’re not going to do anything about it.”
We know how serious these crimes are. We look at the histories of offenders involved in rape or serious sexual assault and we see the escalation process; because, oddly enough, the person who starts by following women down the street does not usually stop there. Tackling that is absolutely crucial to addressing these crimes. That is why I want to pay tribute to Sue Fish. Anybody who has spoken to Sue Fish, who started off by recording misogyny as hate crime in Nottingham, knows how powerful and transformative her approach has been in Nottingham, and there are now 12 police forces taking this approach. They have recognised how it is driving crime. One crucial aspect to this issue is change to the culture within the local police. Some 80% of women do not report crimes to the police, because they do not believe that the police will take them seriously. I have been in meetings where the police have said, “Well, the women have to come forward.” They do not recognise that they are not creating an environment in which women feel they will be taken seriously.
As an MP in London, I am dealing with a dramatic loss of confidence in the police because of institutional misogyny, institutional racism and homophobia. The differences seen in the police forces that have introduced this policy are one reason why I have been such a passionate champion of it and why I have challenged my local police to pick it up too. Misogyny is at the root of many crimes against women. This is not just about public harassment; it is about changing the culture in our police forces and, indeed, as the right hon. Member for Tunbridge Wells said, in our society. We have normalised the harassment of women and an environment in which it is acceptable to target women, and then we blame women for not taking the joke and not thinking that it is a fair game or that it is nice that somebody is attracted to them—it is never about attraction.
The 12 police forces currently recording where a crime is motivated by a victim’s sex or where their sex is a factor in it have clearly stated the benefits of that approach, and the Bill will underpin and enhance it. One of my frustrations is that, nearly two years ago, the Government agreed that police forces should record that data, but some forces are yet to implement that policy. Therefore, all the benefits of institutional change and reporting change that we have seen in Nottingham, North Yorkshire, Devon, Somerset and Gloucestershire have not yet been rolled out across the country. Residents in those communities are clear that the policy has increased police confidence and changed the way the police deal with serious sexual assault. Oddly enough, when forces have this policy, it is not wolf-whistling that people come forward to report, but rape, kidnapping and assault. People recognise that the police will not only believe them, but treat those things as the crimes they are.
I want to be very clear that, in some ways, we should not need this Bill, because it does not criminalise anything that is not already criminal. Nothing has been more frustrating for me, as the person who secured the Law Commission review into misogyny as hate crime, than hearing people ponder whether we should make street harassment, or public harassment, an offence—it already is. The point about the Bill is the uplift, and that is why this is such a powerful moment, because we are mimicking the idea of bringing misogyny into hate crime legislation. We can argue about and debate cut-outs, where the Law Commission got to and why it has taken so long to get here, but I really welcome the fact that we are here, and I hope the Bill will be the start of something much bigger. This will be the first time that every police force has had to record this data. Therefore, every police force will have to be trained in what it is looking for and how to recognise it.
That change matters, not least for those who are affected by these things. Right now, we ask women to pick a side of their identity in order for a crime to be recognised as targeting them. Particularly with women from minority communities, we have to ask, “Is it because you’re a Muslim? Is it because you’re gay? Is it because you’re disabled?” It may be all those things, but we are asking women to fit a box, rather than recognising all those things. That is why the Bill is so powerful and why it is so important that it is about public harassment, not sexual harassment.
A couple of years ago, somebody in my local community was targeting Muslim women and pulling off their hijabs. That was not just about Islamophobia; it was also about misogyny, because this person was not targeting Muslim men. The offences in the Bill would allow us to recognise that and to see the victims for who they are, rather than asking them to fit a box. The Bill also covers men, which is important, but I note the data from the police forces that are already putting this policy into practice, which show that 80% to 90% of the victims coming forward are women. The Bill will help us to start changing the culture.
I appreciate the point about data on men and women, and this is predominantly a women’s issue. However, we are also talking about culture, and men might not come forward because they perceive that no one will listen to them. This is about creating a culture where anyone who experiences this behaviour can come forward.
I agree that we want people to come forward, but it is also about time that we recognised—and, frankly, apologised to the women of this country for the fact—that it has taken us this long to see that they are disproportionately affected by street-based harassment and that it is curtailing their lives. I go back to my initial point: this is about our freedom. I would hope that nobody in this Chamber and nobody in the times to come will ever experience what I experienced as a woman growing up in that culture—I am middle-aged now—as I know every woman in the Chamber did. I would not wish this for the hon. Gentleman, but we have to recognise that challenge. So, absolutely, we want everyone to come forward, but it is about time women were heard on this issue, and therefore about time to recognise that women will particularly benefit from this Bill. That is a good thing, not something we have to have a qualm about.
If there is one thing I would want to encourage the right hon. Member for Tunbridge Wells on, it is how we can build on this legislation when, as we hope, the Government accept it. I note what he said about proving hatred, and I think there is a real challenge here. We live in a culture in which it has become so endemic to harass women that often we look at women and say, “Why are you reacting like that?” rather than saying to the other person, “Why are you doing this?”. Even worse, for several years the Met police have been running education sessions in my local community and somehow treating this as a matter of bad manners; it is as though if we talk to men nicely, they will not harass women any more. The time has come to recognise that most men do not harass women and therefore most men know that harassing behaviour is unacceptable. Where the Bill can be further improved is by learning from other parts of the law about the concept of “foreseeable” harassment incidents. So I give the right hon. Gentleman notice that if we do progress this legislation, I would like to see it learn from that concept.
What does “foreseeable” mean? It means that there would not be a defence of someone not realising that a woman would be offended when they were trying to grope her private parts, because most men do know that and it is about time we held men to account for the fact that they should know better. The concept of foreseeable harassment means that we would remove that defence of, “I did not realise that a woman would be offended if I did that.” That is particularly important when it comes to street-based harassment. In normal harassment cases there have to be several instances and a point at which the victim has said, “Stop!”, but with street-based harassment we need to tackle men who think they have a right to harass women and who should know better.
I note that the Minister said that the Government were looking at the concept of foreseeability as part of the consultation, so it would be helpful to understand from her whether that has progressed further. The one gap in the Bill relates to making sure that there is not a defence of, “I just thought she couldn’t take a joke”, because women have had to take those “jokes”—we have had to take those comments. We have had to be the ones carrying keys in our hands, not going out late at night, trying to find somebody else to travel with, and being told by that the police, “Oh, it’s about dark spots”, or, “I’ll tell you what, we’ll walk with you”. That has meant we have not had the freedom that we want for every woman of any age in this country to go where she wants, do what she wants, wear what she wants and be what she wants. I congratulate the right hon. Member for Tunbridge Wells, because this Bill and the recognition of misogyny as a driver of crime is a start of that process. We have a long way to go. I hope, like him, that in 20 years’ time “jokes” that we see on our television right now and people like Dapper Laughs will never be seen as acceptable ever again. I think this Bill can be part of that, and I look forward to seeing it go through Committee.
That is, of course, part of the change that we all want to see. As with most Government strategy now, we will be looking in the future at the perpetrators, not the victims. That is a move forward. Although the hon. Lady’s intervention re-echoes what she said a little earlier, I just want to remind the House that there are a number of great initiatives under way. Just yesterday, I had the opportunity to meet Deputy Chief Constable Maggie Blyth, who, as we know, is the national police lead for violence against women and girls. The Government has confirmed, with, I hope, the support of all parties in the House, that we are adding violence against women and girls to the strategic policing requirement. This is that huge shift from victims to perpetrators, which is only right.
Let me provide some other examples of where money is effectively and properly being targeted on these issues. Our safer streets tool is allowing people to pinpoint on a map places where they felt unsafe. This really helps. We all know how digital innovations can make things far easier and far more focused. More than 23,000 reports have been made using that tool. That is empirical evidence. We very much need to base our legislation on the evidence—not on window dressing or what is thought to work, but on what actually does work. This Government, with Opposition assistance, are moving in the right direction.
In addition to what we are instigating, the College of Policing and the CPS have published new guidance for officers and prosecutors on how to respond to reports of public sexual harassment. I know that Members are concerned about enforceability and getting convictions and the right evidence. We are doing that.
Finally for the moment, I ask everyone to look at the Enough campaign, which has been funded and stretched out over the past few months. This communications campaign is giving bystanders—because we are all in this together, and our focus should not just be on particular people experiencing alarm and distress—the confidence to safely intervene when they see harmful behaviour. It is empowering victims and getting to the root of the perpetrator’s behaviour. We all know that it can start young and then gain in momentum.
I pay tribute to the Government for their advertising campaign and for giving the public strategies to step in, even if just as a distraction by asking for directions, for example. Breaking the behaviour is so important, and everyone in this place and across the country can try to call it out.
My hon. Friend is right. The campaign has cut through. We see posters and stickers everywhere, even on vape stores. Those who have a lot to do with young men and women have seen a change in the conversation, with young men in particular saying to their friends, “That’s not okay,” and women saying, “We’re not going to copy men’s banter.” We have seen progress, and the campaign is based on empirical evidence and the money is targeted. It is not about how much money we spend, but about how we spend it. I am glad to see progress in this area.
One of the joys of being a relatively new Minister is the feeling that we can have substantive change. I would welcome anyone in the Chamber coming to talk to me about issues that have concerned them for years. I say to those in the Public Gallery as well as to hon. Members that every member of society can change something in this area: you can go to school or university and you can change things.
Alongside the measures we have taken, legislation has a key part to play, and that is why we are here today. As has been well set out by my right hon. Friend the Member for Tunbridge Wells and others, the Bill will provide that if someone commits an offence under existing section 4A of the Public Order Act 1986—namely, the offence of intentionally causing someone harassment, alarm or distress—and does so because of the victim’s sex, they could get a longer sentence of up to two years in prison, rather than six months. That is real change.
The Bill is deliberately not prescriptive about exactly what types of behaviour are covered. We do not want to create a tick-box approach that limits the behaviours that could be prosecuted. The explanatory notes will give Members a good idea of that. Cases will, of course, be dependent on the individual circumstances, but examples might include somebody being followed closely at night, obstructing a person’s passage down the street—otherwise known as cornering them—or making an obscene gesture at someone. The offence targets not lawful behaviour but actions clearly intended to intimidate. I know that the issues of intention and intimidation will be looked at very closely. At this stage, the right way to go, in my respectful view as a lawyer, is that there needs to be intent. The House will, of course, look at all aspects of this good Bill.
Our approach reflects our considered view that all the behaviours are covered by existing offences—though I know that others take a different view—so a wholly new offence that duplicated existing ones would not have positive consequences. We cannot just window dress things and bring in laws for the sake of it. We need to be bespoke and clever about what we are doing, and actually get results. There is a real need to provide a clear offence in law that would help to deter perpetrators and give victims the confidence to report what has happened to them. Many victims do not want the aggressor or the perpetrator just to have a slap on the wrist; they want them to have a real meaningful sentence, which will drive change.
I have mentioned intention, but it is so important. The police and the CPS will need to properly gather the evidence that they need, of course—that is the way the system works—but we are working extremely hard to improve that core part of the criminal justice process. One thing that I would like to say at this point in the debate—I know that hon. Members will say more on it—is that there are always concerns that a person could claim that they had an intention other than harassing the other person. We need to look at particular actions, such as wolf whistling. I would not for one minute say that the state needs to intervene on every piece of language used, but when intention needs to be proved we know what a wolf whistle is when it leads to nefarious motives.
This law will not, I hope, in any way say that a low-level wolf whistle gets someone two years in prison. We need to have a sense of proportion. We cannot demonise any section of society, whether it is men or women. We cannot demonise people, but we can stop perpetrators, whatever their sex is. It is disrespectful to women, and wolf whistling, as we know, extends into other behaviours. We need to look at the overall picture, and Enough’s communication focuses on exactly that.
I confirm the Government’s strong support for this excellent Bill.
The explanatory notes, under “Territorial extent and application”, say that the Bill extends to England and Wales, and that clause 2 will apply only to England. As the matter is devolved to Scotland and Northern Ireland, I wonder whether the Minister is in conversation with the rest of the Union to work out whether a similar piece of legislation is being introduced, or is already in place, there?
My Department is, of course, in conversation there.
Before we get to other Members who want to add to the debate, I thank my right hon. Friend the Member for Tunbridge Wells for introducing the Bill. I look forward to its swift passage through this House and the other place. It is an issue that goes to the heart of what sort of society we want to live in. The idea that in 2022 anyone should be harassed, intimidated or targeted when simply going about their everyday life is scarcely believable, but we know that it is happening, and too often. It is still, by far, too much of a reality for many people. That is why it is high time that we send an unambiguous message that we will do everything in our power to ensure that women, and indeed everyone, can walk on our streets without fear.
(2 years, 1 month ago)
Commons ChamberI understand the right hon. Gentleman’s long-standing interest in this issue. We have made it clear on a number of occasions that we also want to deepen and enrich the level of data that is available. We have been speaking to our stakeholders to see what further steps we might be able to take, and I shall be happy to keep the right hon. Gentleman informed.
We are clear about the fact that the asylum system needs to do better and cases need to be processed more quickly. The aim of the asylum transformation programme is to bring the system back into balance and modernise it. Its focus is on increasing productivity by streamlining and digitising processes to speed up decision making and increase efficiency and output.
A hotel in Earl Shilton, in my constituency, has twice been identified as a way of trying to deal with the backlog, but has failed in that regard owing to health and safety concerns about fire in particular. I was therefore surprised when constituents wrote to me saying that they had seen asylum seekers in the hotel. I contacted the borough council, the county council and the police, but none of them knew anything about it, so I checked social media and found that the story had been corroborated and was true. When I contacted the Home Office, it took 72 hours for it to be confirmed that they had been placed there. This is completely unacceptable. What is the Home Secretary doing to ensure that it does not happen in other constituencies, and will she meet me to discuss the situation in Earl Shilton so that communication can be improved?
I thank my hon. Friend for raising this issue. We have experienced unprecedented pressure on the system recently, and responding to it has been challenging for our operational partners. We have a statutory duty to provide destitute asylum seekers with accommodation. We do inform local partners of our actions, but despite our ambitions to do that expeditiously, owing to the recent incredible pressure on the system we have sometimes fallen short. I understand that a direct communication has been sent to my hon. Friend, but I can say to him now that we want to improve our engagement to ensure that there is much better understanding and much better support for local communities that are affected.
(2 years, 1 month ago)
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I agree with everything my hon. Friend says. It is quite wrong that the British taxpayer is paying for hotels to such a degree. We need to reduce our reliance on those hotels as quickly as possible and my right hon. Friend the Home Secretary and I will do exactly that.
In my short time as a parliamentary private secretary at the Home Office, working on illegal and legal immigration, I saw the dedicated work of the staff there. Will my right hon. Friend thank the staff, who are under huge pressure in trying to process visas, immigrants and asylum seekers? More importantly, is not the long-term process about stopping illegal immigration while providing more legal immigration, as we have done through Ukraine, Hong Kong, Syria and Afghanistan? Is that not the solution?
It certainly is. We want the UK to be a home for those in genuine need of refuge. I am proud of the work we have done in recent years: the scheme for Hong Kong nationals to come to the UK, the work we have done with the Ukrainians—I have been honoured to have a Ukrainian family stay with my family this year—and the work we are doing to ensure that those who supported the British armed forces in Afghanistan can come and find safe refuge here in the UK. We are a welcoming country and that should continue, but we must crack down on those who are coming here illegally. It is wrong and it means that our system is overwhelmed and unable to provide the support that those who should be here deserve.