Crime and Policing Bill Debate

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Department: Home Office
Mike Martin Portrait Mike Martin (Tunbridge Wells) (LD)
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I rise to speak in support of new clause 43 in my name and in the name of the Chair of the Select Committee on Home Affairs the right hon. Member for Staffordshire Moorlands (Dame Karen Bradley) and of the hon. Member for Walthamstow (Ms Creasy), both of whom I thank for their support. It is also co-signed by 100 Members from across the House representing our entire political spectrum from almost every party, including many Members of the Labour party.

New clause 43 seeks to do something very simple: to commence the Protection from Sex-based Harassment in Public Act 2023, which has already received Royal Assent. This Act simply criminalises the harassment of people in public based on their sex, but this is a crime that overwhelmingly affects women so this really is about the criminalisation of harassment of women in public.

The Act started life as a private Member’s Bill laid by my constituency predecessor, Greg Clark. He was approached by a sixth-former in our constituency who said that she had been harassed while coming home from school. One third of schoolgirls in the United Kingdom say they have been harassed in their school uniforms. We should be ashamed of that statistic, and Greg was ashamed and he took action.

The 2023 Act, as passed, creates a specific offence of harassment on account of someone’s sex. Like the new clause I rise to speak in support of, it received cross-party support, including, it must be said, from the hon. Member for Birmingham Yardley (Jess Phillips), who is now the Minister for safeguarding and violence against women and girls.

The Act criminalises harassing, following and shouting degrading comments and making obscene gestures at women and girls in public with the deliberate intention of causing them harm or distress, and it carries a maximum sentence of two years. So I am quite disappointed and confused by the interactions that I have had with the Government on this issue. Every time I have pressed them for an update on commencement, I have not really received a substantive answer. For example, eight months ago I asked a question in this House and received a letter from the Government telling me that the Home Office is making all the necessary arrangements and that I would be contacted when a commencement date is confirmed. As a new MP, I thought this was quite promising. Five months ago, I tabled a written question and the Government responded saying that they would publish next steps at the earliest opportunity. Then two weeks ago I received a reply from the Government to a further communication stating that an update on commencement would be provided in due course. Each communication I receive from the Government is a little vaguer, a little bit less definitive about commencement.

Yesterday, at her instigation, I met with the Minister for VAWG and I thought, “Fantastic, finally we will get some answers.” But there was nothing, I am afraid—there was nada, zip. I gently ask the Minister present now—not the Minister for VAWG—what is the point in arranging a meeting if the Government are not going to say anything new to what they have previously said?

Lincoln Jopp Portrait Lincoln Jopp
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I am grateful to the hon. Gentleman, a fellow member of the Select Committee on Defence, for giving way, and I am proud to put my name to new clause 43 in his name. I also pay tribute to him for taking forward Greg Clark’s previous work in a very cross-party way for the benefit of the community. Does he share my frustration and slight bewilderment at the way in which the Government appear to be blocking commencement?

Mike Martin Portrait Mike Martin
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In the Government’s defence, I do not think that this is a difference in policy; it is a difference in timing, but the timing seems to be very elastic. We seek a definitive time when the Act will be commenced—perhaps the Minister can respond at the Dispatch Box.

Stella Creasy Portrait Ms Stella Creasy (Walthamstow) (Lab/Co-op)
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As somebody who was incredibly proud to work with the hon. Gentleman’s predecessor on this legislation, having worked for many, many years to recognise misogyny in our hate crime framework, let me say that it will be two years in September since this House agreed to this legislation on a cross-party basis. It will be two years in September of the work being done, in theory, to be able to commence the legislation. Many of us on the Government Benches are proud of our commitment to recognising misogyny in hate crime, so will the hon. Gentleman join me in saying that we really want to understand what the barriers might be to getting on with the job that we know across this House will keep women and girls safer on our streets?

Mike Martin Portrait Mike Martin
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I can actually give the hon. Lady a very specific time: it is 21 months to the day since this Act received Royal Assent. If the Minister would be so gracious, we might have from her either a time for commencement or, as the hon. Member for Walthamstow says, a specific problem that is stopping the Act being commenced, rather than some of the more general responses we have had to date.

I am doubly disappointed that although this Act was passed in a previous Parliament—expressing the unanimous will of Parliament, as it passed without a Division—it is entirely commensurate with the Labour Government’s policy to halve violence against women and girls. Harassment and violence are on a continuum and a spectrum. One of the things we are trying to do is to change the culture of men in how they act towards women; this Act is a part of that and really does contribute to the Labour Government’s priorities and manifesto. Indeed, the Minister for VAWG sat on the Public Bill Committee for the Act in 2023 and said that the Labour party would work with the then Conservative Government to ensure that the Bill passed without a Division, and so it did.

The Government have signalled that they will vote against new clause 43, which has been selected for a vote tonight. When the new clause has cross-party support and the original Act had unanimous cross-party support, why will the Government vote against the new clause? It seems to me that they are voting against their own manifesto and their own commitments while in opposition. That is difficult to understand, because I think we all want the same thing.

I will conclude. Implementing the Protection from Sex-based Harassment in Public Act is an important step in helping the Labour Government to achieve their own manifesto commitments. Let this not be another speech without action. I urge hon. and right hon. Members to vote for new clause 43.

Dawn Butler Portrait Dawn Butler
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I rise to speak to new clause 47 in my name. This is a very simple new clause, in a way, about how we stop mobile phones that have been stolen from being reconnected to the cloud and sold on. If we can break that link, we can stop the proliferation of mobile phone theft, which has increased by 150%.

Some 200 mobile phones are snatched every single day, and there has been a marked increase in Westminster. I know that a number of MPs have had their mobile phones stolen—some of them are sat not too far away from me. The amount of money in this crime is incredible. I do not believe phone manufacturers are that keen to stop this crime, because I feel it is part of their business model: when somebody has their mobile phone stolen, they go and buy another mobile phone.

New clause 47 says that once somebody’s phone has been stolen and they report it to the police, the police must report it to Apple, Google, Samsung or whoever, which then stops that phone from being reconnected to the cloud. In effect, that phone would become inactive. If the manufacturer failed to do that within 48 hours, it would be fined £10,000. We need to ensure that the manufacturers take this issue seriously, because they are not. Here is the simple thing: if we want to stop mobile phones being stolen to order, we need to ensure that the manufacturers take the issue seriously. We need to ensure that IMEI numbers are easily accessible, and we need to ensure that thieves cannot reconnect the mobile phones.