Police, Crime, Sentencing and Courts Bill

Maria Miller Excerpts

3rd reading
Monday 5th July 2021 Commons Chamber

[Geraint Davies (Swansea West) (Lab/Co-op)]

This Bill removes our fundamental right to peaceful protest. How? By putting power in the hands of the police to stop protests—not, as before, on the grounds of causing serious damage or unlawful behaviour, but instead on the grounds that it may cause “serious unease” or “distress” to bystanders. Those found guilty of even risking causing “serious annoyance” or “inconvenience” can get imprisoned for up to 10 years or face unlimited fines. This amounts to the removal of the right to peaceful protest as enshrined in our Human Rights Act and the European convention on human rights.

We saw a taste of what that means in practice at the Clapham vigil and the Bristol protests in March. The parliamentary report into Clapham and Bristol, which was published last week and mentioned by the hon. Member for Huntingdon (Mr Djanogly), found that the Metropolitan police told the Clapham vigil organisers that the vigil was illegal, when it was not, and that they faced thousands of pounds in fines, which they did not. The organisers withdrew and the vigil was disorganised, and then, at 6.30 pm, the police physically intervened to disperse the gathering, thereby increasing the public health risk of covid. In Bristol, yes, proportionate use of force by the police was justified, but batoning and blading protesters with shields on the ground certainly was not.

We have had a glimpse of what poorly drafted law can look like in practice. Instead, we must protect the right to peaceful protest by deleting clauses 55 to 61, which stop it, and introducing my new clause 85: a code that sets out the police’s duty to facilitate the right to peaceful protest, to return them to Robert Peel’s founding principle:

“The police are the public and the public are the police.”

This Bill is before us because people want to protest against climate change, as, by 2025, the 1.5°C Paris limit will be breached. Peaceful protesters—whether suffragettes or economic, social or environmental campaigners—enrich and inform our democracy between elections. This is essential to our fundamental values of democracy, human rights and the rule of law.

The Bill is an act of political treason. It is bad at its core. It will be seen in China, Russia and elsewhere as a green light to crush democracy and the right to peaceful protest, with unaccountable police power. The good people in this country should not rest until it is overturned and our rights reinstated, so that democracy can live, breathe and thrive again.

[Mrs Maria Miller (Basingstoke) (Con)]

In the time available to me, I would like to speak in support of two amendments and comment on one.

New clause 24 in the name of the hon. Member for Rotherham (Sarah Champion) calls for

“a review of how registered sex offenders are able to change their name or other aspects of their identity without the knowledge of the police”.

The UK has some of the toughest measures in the world to manage sex offenders, yet the system is being exploited and flouted by thousands of convicted offenders, if the figures are to be believed. More than 16,000 offenders in the last five years have not told the police of their whereabouts under their notification requirements, and it is estimated that around 900 have gone missing altogether. Some of them could possibly have changed their names. The amendment would review how sex offenders are able to change their names or identity, and ensure that the system is amended so that police are always made aware. I hope the Minister will respond to the amendment in her comments.

I will turn to two amendments on the issue of abortion. This debate has made it clear that the current position, and the inconsistency between the situations in Northern Ireland and in England and Wales, is very difficult to explain other than by the fact that in England and Wales, our law is underpinned by an Act of Parliament passed 50 years before women were even allowed to be part of the legislative process. There has been almost no change to the abortion laws in more than 50 years. It may be that the tradition of leaving these issues to Back-Bench Bills no longer works and the Government need to think more creatively.

[Carla Lockhart (Upper Bann) (DUP)]

rose—

[Mrs Miller]

If the hon. Lady will forgive me, I will not give way—Madam Deputy Speaker would have my guts for garters.

The Government need to consider how we modernise the set of laws that this place has changed for Northern Ireland but has not had the opportunity to do so in a thoughtful way for England and Wales. The strong feeling on both sides of the House shows that there is an argument for thinking about this further, particularly with the two specific amendments.

I will turn to new clause 42. The Bill already recognises that protests should not stop others going about their daily business. Frankly, new clause 42 does similarly for individuals who want to access abortion advice and services. I hope that the Minister will reflect on the amendment in her summing up.

I do not support new clause 55 by the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) because of the expansiveness in the way it is drawn. I have deep sympathy, however, and support her in her wish to see abortion decriminalised for women in England and Wales, as has been done in Northern Ireland. We in this House have to take the opportunity to have a thoughtful and thorough debate and to have it in the very near future.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I rise to speak as co-chair of the justice unions parliamentary group. There is an awful lot that I would like to say about this Bill, but unfortunately I have to restrict my comments to amendment 47.

The amendment seeks to correct an anomaly in the legislation brought by the hon. Member for Rhondda (Chris Bryant) in his Assaults on Emergency Workers (Offences) Act 2018, whereby the only members of prison staff included in the protected category of emergency workers are prison officers and some healthcare workers, while other prison workers, such as teachers or instructors, are not protected. That is simply unfair and increases the risks for those staff: it effectively paints a target on their backs because prisoners are well aware of the law and know that the penalties for attacking a prison officer are way more severe than those for attacking the teacher who might be standing next to them.

The 2019 “Safe Inside” survey conducted by the Joint Unions in Prisons Alliance showed that all prison staff—not just prison officers, but prison educators and teachers as well—are subjected to shocking levels of violence and are routinely exposed to harmful drugs. More than a quarter of staff reported having been a victim of physical violence in the last 12 months. Of those, 14% said that they had been assaulted more than 10 times in that period.

The youth estate, for example, often houses children who are locked up hundreds of miles from family and support. The resulting strain on mental health is a contributing factor towards violence against staff. Of course, in Wales, as education is devolved, things run differently so the Bill’s impact will be felt differently, which is something my hon. Friend the Member for Arfon (Hywel Williams) will raise later.

Here is one horrific example from an educator in a young offender institution:

“I turned to press the radio and as I did so I felt the young offender’s arms around my neck and he put me in a headlock and began to strangle me, I managed to say “Assistance” on the radio, but before I could say my location, he had my arm above my head to stop me calling for help, he dragged me down to the ground, he continued to strangle me with his left arm and he hit me repeatedly in the head with the other. As he was doing so, he said he had mental health issues. It felt like longer but, I think the officers arrived in approximately five minutes after the incident began and physically removed him from me.”

No teacher, educator or instructor should be expected to work in an environment where terrifying assaults like those are not treated with the same severity as those against prison officers. For that reason, I urge all Members to show those brave front-line public servants that we prioritise their safety as emergency workers, too.

Police, Crime, Sentencing and Courts Bill

Maria Miller Excerpts

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

I am conscious of time, you will be glad to hear, Mr Deputy Speaker, so I have kept my points very brief and I will save my main points for group 3, but I will briefly voice my disappointment and dismay at the undemocratic way in which the Government have amended this mammoth piece of legislation. Eleventh-hour amendments introduced in the House of Lords were thankfully defeated in a very public and, I am sure, embarrassing way for the Government. That should never have happened, and I pay tribute to those in the Lords who opposed them. This place is here for a reason. We are here for a reason. It is not for the Government to bypass the scrutiny that this place provides. I have received hundreds of emails from concerned constituents that their rights are being steamrollered by behaviour like that.

[Mrs Maria Miller (Basingstoke) (Con)]

I think, listening objectively to today’s debate, there is an enormous level of agreement on both sides of the House that there is a job of work to be done to protect women against abuse, and that there are different options for how we might achieve that. That is the point at debate: what we do, not whether we need to do something. That is really important to acknowledge. I thank my right hon. Friend the Minister for his opening explanation of the resistance particularly to amendment 72, and I commend my near neighbour in Hampshire, my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes), the Chair of the Women and Equalities Committee, for her excellent and impassioned speech on why we need to do more.

The Lords amendments show that more can be done. Lords amendments 13 and 57 show that the Government can continue to be pressed to do more on these important issues. I am glad to see that they are doing more to extend serious violence duties to include domestic abuse and sex offenders. Lords amendment 57 extending the time limit in the way that it does will significantly help. The real issue is, if we want to tackle the issue of sexual harassment and the abuse of women, how do we do that most effectively? I think Amendment 72 has been looked at in detail by the Law Commission, which has been looking at the issues since 2018. There is, I am afraid to say, widespread support for the Government’s thesis that this is not the right way to tackle the problem.

The Law Commission is very clear that there is demonstrable need for additional law when it comes to supporting and protecting women and girls, and that there is more than ample evidence of the harm that is done. Its real concern is how we tackle this in practice. We have to listen very carefully; otherwise, we risk undoing the good work that has been done. The need for additional law is not under debate; it is the form that that law takes. Sometimes we just have to take a moment, and I think that this is a case in point. We cannot just say, “Something must be done.” We have to ensure that we are doing the right thing. We have to accept the role of the Law Commission in helping us to make law that works in practice. It does not see misogyny being a hate crime as the way to solve the problem that has been so eloquently outlined by hon. Members on both sides of the House. Its concern is not because of a lack of understanding of the problem; it is whether the change that is being proposed will work in practice.

Although I listened very carefully to the interventions of the hon. Member for Walthamstow (Stella Creasy), it concerns me that the solution that is being put forward involves carve-outs for domestic violence and sexual offences, which could in a way suggest, or give people ammunition to say, that those issues are not as connected with misogyny as I am frankly sure that most Members of this House would agree that they are. The concern is not about being able to prove that a crime was motivated by hostility to gender—a point made by the CPS and Rape Crisis. In particular, Rape Crisis said that such an approach would make trials even more complex—an issue brought out by an hon. Member earlier. I also fear trial juries being asked to navigate questions around gender-based hate crime, which frankly we in this House find very difficult to navigate our minds around—all of this leaving people very confused.

I really hope that the Minister, although he may not be able to go much further today, can very shortly tell us much more about what he will be doing on issues that the Women and Equalities Committee has been looking at for more than five years. We did Select Committee reports on sexual harassment in schools back in 2015, in universities, in public spaces, online and in the workplace. This is not a new issue; this has been an issue looked at not only by the Law Commission but by the Select Committee for well over six or seven years. It would be disappointing if the Government were coming back now to say that they will be taking further the idea of public sexual harassment, as if it were a new notion that had just emerged from the ether. It is something that many of us have been looking at, and calling for it to be tackled more effectively, for a number of years.

Perhaps my right hon. Friend the Minister can, when he sums up, indicate in a little more detail how he intends to take forward what I think will be a sensible way of trying to tackle the issue that has been so eloquently talked about in today’s debate. Adding sex or gender into hate crime law may not be the way to tackle things, but there is extensive evidence of how the harm disproportionately impacts women, especially online. The Government have a VAWG strategy, and today they are launching a communications strategy, but too many of us still see deficits in the law when it comes to sexual harassment. There needs to be more focus on prevention by demonstrating across the board that sexual harassment towards women, in the same way that my right hon. Friend the Member for Romsey and Southampton North talked about, is a crime that is utterly unacceptable whenever it occurs, at any stage of our lives. Until we get to that stage, all of us will be calling on the Government to take more action.

[Stella Creasy]

I will start, because I have had an unintended hiatus from being in the Chamber as a result of having to breastfeed a child, by welcoming the Government’s commitment to amendment 56. It is a cross-party amendment, and I pay tribute to Lord Pannick and Baroness Hayman for the work that they did in the House of Lords on it, my hon. Friend the Member for Manchester, Withington (Jeff Smith), who also led on it, and above all to Julia Cooper, who was a much braver woman than me. I experienced someone taking a photograph of me breastfeeding my child without my permission. She did too, but she challenged the person and went to the police. The police said that there was no protection for her. She started a petition. She took that voice and has turned it into this legislation. We should all be grateful for a woman like that, who stood up.

What Julia faced is what we are also here tonight to talk about on amendment 72. I certainly hope that the Minister, who has come to the debate rather late but I appreciate has come with a deep concern for women’s rights, has been talking to his colleague Lord Wolfson, whose argument against making it illegal to photograph without her consent a woman who was breastfeeding was that a man might be taking pornographic photographs of his wife on a beach and accidentally catch a woman breastfeeding in his camera lens, and that would be terrible. Of course, many of us think for some time about that husband’s discussions with his wife before we think that that is a realistic example.

Time and again on the Bill, we are told that, when it comes to women’s safety, matters are complex. It is put in the “too difficult” box. The trouble for Ministers tonight is that next week will be the anniversary of the murder of Sarah Everard. Since Sarah was murdered, we have had more deaths: the murders of Bibaa and Nicole, and of Sabina. In my constituency, I hear countless stories of violence against women. It is the fierce urgency of now that drives this piece of work. I am sure that the Minister is aware, because he has been asking us repeatedly whether we have read the report of the Law Commission, of its provenance. I was on the upskirting Bill, and the Government agreed to commit to the recommendation of the Law Commission as a result of an amendment that we tabled then, recognising that there were crimes driven by misogyny, and that that was putting women at risk.

It was time to turn the debate around—to stop telling women to keep themselves safe and providing money for lighting, because somehow it is about where they go running, and to start saying that this is about the perpetrators, and holding them to account for what they do. The challenge before the Minister is Lords amendment 72, which, again, is another cross-party effort. I pay tribute to Baroness Newlove, who is a goddess in my mind for her determination to speak up for victims, and Lord Russell, as well as my colleagues on the Government Benches who have been working to look at these issues. We are listening to the police. We are listening to the quarter of police forces that already record sex or gender when it motivates crimes, to help them catch the perpetrators. They recognise that it helps. It helps them to develop the patterns of behaviour.

I gently say to the Minister that when he says the problem is that women do not report, he needs to ask himself, as the policing Minister, not why women are not reporting, but why they do not feel they can come forward to report. It is not about the women; it is about the reporting. It is about the response they get. My colleague, the right hon. Member for Romsey and Southampton North (Caroline Nokes), is absolutely right when she says that everybody knows a victim and everybody probably knows a perpetrator. Many women will have experienced sexual harassment. They will have experienced abuse online, offline and in our daily lives to such an extent that it infuses what we do: the flinch when we come out of a tube station to make sure there is nobody behind us; carrying our keys in our hands; worrying about what our daughter is wearing; and hoping that our son is not one of those people who does it.

The truth for the Minister is that the police are telling us, “Actually, we have a clear policy that helps us to identify people early on.” He is right when he talks about patterns of escalation. Many perpetrators start with what people might think of as lower-level offences. I have to tell the Minister that I have always said I will stop campaigning on this issue when I go to the wedding where the bride gets up and says, “Well, he followed me down the street demanding I get in the back of the van because he wanted to grope me and I thought it was the most romantic thing ever.” It does not happen. What does happen is that that is the daily experience for women across the country and the truth is that the Bill does not offer anything to resolve that. It does not offer anything to back the police, when they say to us that they want to capture that data.

I understand the concern raised about the carve-out and I will come on to that specifically, but we should be very clear that the first thing the amendment would do is record all that data, including domestic abuse and rape, as misogynistic, because it would help to form a pattern. When we talk to the police in the areas where they are recording it, it is not, frankly, the catcalling that people are reporting. It is serious sexual assault, violence against women, rape and abuse, because they have the confidence that the police are going to recognise it for what it is, which is serious violence.

I also say to the Minister gently that he might want to correct the record, because the Law Commission did not look at this very proposal. This proposal is based on the Bertin amendment. The Bertin amendment carves out a definition of serious sexual violence which we did not have, so by its very definition the Law Commission could not have looked at it to consider whether or not it addresses that concern. It is not that we should not record data where crimes are misogynistically motivated, but how we deal with them in sentencing. Carving these offences out does not mean that they are not misogynistic; it means we ensure that the already pitiful sentencing regime does not go any lower.

There is something crucial in the amendment about how it works with the police and the courts, and what the police are telling us in the areas where they are doing this. I see Government Members who have police who are doing it. The police want the courts to back them. They are gathering the data and using it to track perpetrators, finding them early on in their offending careers before we get to the points that people are talking about in the press. They want the courts to back them, just as they back them when it comes to hatred of someone’s skin colour or their religion.

Twenty or 30 years ago, when I was a young woman—a long time ago—there was a culture where things were said on TV and things that people said that we would now rightly recognise as racist or as religious hatred. Hate crime legislation does not just target perpetrators, but cultures. Most of all it changes the culture within the police, because the police forces that are doing this are talking about the mindset change among their members. As a Member for a local community where women have been ignored by the Met police for years, I have to say that that mindset change is something we should all desperately want, so we can recognise the danger when somebody starts following women and how that might escalate. We have all seen it in those reporting histories.

--- Later in debate ---

The carve-out ensures that sentences are not lesser. As we have said, Stephen Lawrence’s killers were not tried for a hate crime, but we all recognise the hatred that drove the crime. Carve-outs are not an unusual precedent. They exist within legislation. What the Law Commission was concerned about was how to do the carve-out. The Bertin amendment, which Lords amendment 72 is based on, answers that point.

[Mrs Miller]

I am listening very closely to what the hon. Lady is saying, but the Law Commission was very clear in saying that this would make matters so much more complex, and it worries about how that would affect securing the sort of convictions that I know the hon. Lady and I want to see.

[Stella Creasy]

I hope the right hon. Member will understand what I am saying. The Law Commission did not look at this amendment, which has learned from the Bertin amendment. [Interruption.] She shakes her head, but the Bertin amendment, which sets out explicitly the offences we would carve out, did not exist during the time of its work. One argument the Law Commission made was with regard to the difficulty of carving those offences out. The amendment builds on where a carve-out can be made.