Policing and Crime Bill

Richard Graham Excerpts

Ping Pong: House of Commons
Tuesday 10th January 2017 Commons Chamber

[Sir Peter Bottomley (Worthing West) (Con)]

Section 40 should not be introduced. To say to 90% of the local, regional and national press that they have to be forced into a group they do not want to join is bullying of the worst kind. If it were to happen in other countries, the Council of Europe would probably say it was interference in the free media.

William Hone, whose life is described in the book “The Laughter of Triumph”, defied criminal libel law. We should remember that our press basically got its freedom from that moment, when ordinary people on juries refused to convict because they said that the media ought to have the right to lampoon, to be rude and to investigate. I think that people ought to ask the question: what would be the effect of section 40? Would it increase investigative journalism? No, it would not. It would be a good idea if those backing IMPRESS and section 40 gave a list of successful and wrong defamation cases, including of leading politicians who denied they were drunk overseas and various other criminals who later turned out to be guilty of the things they were accused of by the media.

We rely on the media to find out the things few people know about and make them available to all. The whole effect of section 40 will be to chill the opportunity for the media to investigate and report. That is why I believe this House would be wrong to force the Government to bring in section 40. I hope that we do not and I hope that those in favour of it will find other ways to pursue their own aims.

[Richard Graham (Gloucester) (Con)]

I rise to support, as strongly as I possibly can, the Government’s amendment in lieu of Lords amendment 134. It recognises the force of the arguments laid out in the report by my hon. Friend the Member for Cheltenham (Alex Chalk) and I last year, “Stalking: the Case for Extending the Maximum Sentence”. The report summarised the work of our researchers. Through them, we met victims, stalking charities, academics and police specialists. Everything we learned confirmed our initial instinct that there are a small number of very dangerous stalkers, such as my constituent Raymond Knight who pursued Cheltenham resident and Gloucester GP, Dr Eleanor Aston, to the point of nervous breakdown.

I pay tribute to the Government for accepting our report and its single recommendation of doubling the maximum sentence for stalking from five to 10 years, for amending the appropriate sections of the Crime and Disorder Act 1998 on racial and religious aggravated harassment in line with the change to the maximum sentence for stalking, and for outlining in correspondence additional training that will be part of the measures to deal with the mental health issues of serious stalkers. I know the Home Office and the Ministry of Justice have worked closely on this together. I am grateful to both Ministers here today for their action.

I also want to thank Gloucestershire-based Baroness Royall in the Lords for her commitment and contribution, and all those who informed us and shared harrowing experiences, including a constituent and her family. I would like to quote from her 16-year-old daughter, who was so egregiously stalked. She told us that the stalker

“broke into my house one night…all the knives in the knife stand were gone…I was sure I was going to die.”

In this particular case, my constituent and her family prefer to remain anonymous, not least because my constituent has been moved by the police to a safe house far from her home and her own children.

I am extremely grateful to all those who informed us, educated us and motivated us. I suspect the work I have done with my hon. Friend the Member for Cheltenham means that the neighbouring constituencies of Cheltenham and Gloucester have not worked so closely since the creation of the Cheltenham & Gloucester building society —now, alas, long since gone. It is for a good cause that we come together in support of the Government’s change of law.

The Government’s amendment in lieu will give judges the flexibility they need. As Dr Aston has said, victims will be able to sleep more easily when the worst stalkers are sentenced and the stalkers themselves will better understand the seriousness of their crime and receive more help in resolving what is a severe obsession and mental health issue. Of course, as the hon. Member for Birmingham, Yardley (Jess Phillips) pointed out, that will not in itself stop stalking, but it shows that victims and judges are being heard, that MPs and ultimately the Government listen and that laws can be changed so that sentences better reflect the harm that a crime can inflict on innocent victims, most of whom, as in the instance that inspired my neighbour and me, are women. Ultimately, justice is only as good as the laws we adapt and the way in which they are implemented. In that context, I pay tribute to the Prime Minister, who made stalking a crime on the statute book when she was Home Secretary, and to the current Home Secretary, who has introduced protection orders against stalkers.

I will finish by returning to where this campaign started: the judge and the victim in Gloucester Crown court. I would like to thank Dr Ellie Aston for inspiring us, for being strong and for having faith; other victims for opening their hearts and sharing their stories; stalking charities, such as the Suzy Lamplugh Trust, the Network for Surviving Stalking, Protection Against Stalking and Paladin; and the Hollie Gazzard Trust, the police and the University of Gloucestershire, which happens to be a leader in research in this sad area. This part of the journey for justice for victims of stalking is now close to over. The hon. Member for Birmingham, Yardley has reminded us that there will always be other issues to be raised and resolved, but today’s amendment in lieu deserves everyone’s support.

[Sir Gerald Howarth]

The whole House listened with great respect and interest to my hon. Friends the Members for Cheltenham (Alex Chalk) and for Gloucester (Richard Graham), who have brought to the attention of the House and the country the appalling consequences of stalking. I join others in saluting their efforts to persuade the Government to recognise the gravity of the crime and in reaching this result tonight, which we can all applaud.

I thank the hon. Member for Rhondda (Chris Bryant) for mentioning my intervention on the Minister about section 40 and Lords amendment 24. I will not vote for the amendment tonight, because the Government have agreed to a consultation, and I think it right that that process run, but as I said to the Minister earlier, I hope that the Government will not be intimidated by the campaign by the newspapers that the hon. Gentleman referred to. The newspapers seem struck by an extraordinary sense of paranoia and a feeling of vulnerability, when we all know, from the many cases that have appeared, that they are in the driving seat and have power without a lot of responsibility.

Insufficient attention has been paid to the Leveson inquiry and the subsequent report, which was a detailed and considered piece of work. We should do what the then Prime Minister, David Cameron, said that Parliament should do. Since the Aldershot News & Mail was unwilling to publish my article today, perhaps I can give the House the benefit of it.