Protection from Sex-based Harassment in Public Bill

Baroness Winterton of Doncaster Excerpts

Report stage
Friday 24th March 2023 Commons Chamber

Consideration of Bill, as amended in the Public Bill Committee

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before we get on to proceedings, I remind Members of the differences between Report and Third Reading. The scope of the debate on Report is the amendments that I have selected. The scope of the debate on Third Reading, to follow, will be the whole Bill as it stands after Report. Members may wish to consider those points before deciding at which stage or stages they want to catch my eye, to ensure that their speeches are relevant to each stage of consideration of the Bill.

New Clause 1

Guidance

“(1) The Secretary of State must issue guidance to—

(a) chief officers of police,

(b) the chief constable of the British Transport Police Force,

(c) the chief constable of the Ministry of Defence Police, and

(d) the chief constable of the Civil Nuclear Constabulary,

about the offence in section 4B of the Public Order Act 1986 (intentional harassment, alarm or distress on account of sex).

(2) The guidance must in particular include guidance about the reasonable conduct defence in section 4A(3)(b) of that Act.

(3) The Secretary of State may revise guidance issued under this section.

(4) The Secretary of State must arrange for guidance issued under this section to be published.

(5) A chief officer of police or a chief constable mentioned in subsection (1) must have regard to guidance issued under this section.”—(Greg Clark.)

This new clause requires the Secretary of State to issue guidance to the police about the new offence in section 4B of the Public Order Act 1986. It also requires that guidance to include provision about the application of the reasonable conduct defence in section 4A(3)(b) of that Act.

Brought up, and read the First time.

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[Madam Deputy Speaker]

With this it will be convenient to discuss the following:

Amendment 2, in clause 1, page 1, line 7, after “4A(1)” insert “primarily”.

Amendment 3, page 1, line 7, leave out “because of” and insert “due to”.

Amendment 7, page 1, line 8, leave out “(or presumed sex)”.

Amendment 8, page 1, line 10, leave out ““presumed” means presumed by A;”.

Amendment 4, page 1, line 14, after “not—” insert— “(za) A is a man or a woman,”.

Amendment 5, page 1, line 16, leave out “because of” and insert “due to”.

Amendment 6, page 1, line 16, after “other” insert “subsidiary”.

Amendment 1, in clause 3, page 2, line 20, after “1” insert “, (Guidance)”.

This amendment is consequential on NC1.

Amendment 9, page 2, line 20, leave out from “on” to the end of line 21 and insert “1 August 2023”.

[Greg Clark]

In line with your advice, Madam Deputy Speaker, I will address my new clause and the amendment in my name specifically, and I will also touch on the amendments tabled by my hon. Friend the Member for Christchurch (Sir Christopher Chope). I will not rehearse the reasons for the Bill. We have had a substantial debate on Second Reading and in Committee, and I hope it may be possible to say more on Third Reading.

New clause 1 would require the Secretary of State to issue guidance to the police about the new offence proposed in the Bill, and that guidance must include, but is not limited to, guidance on the defence of reasonable conduct that is already contained in the Public Order Act 1986.

During our debate in Committee, some Members were understandably concerned that the perpetrator of an act of deliberate harassment of a person on the grounds of their sex could escape the consequences of their actions by asserting that they thought their behaviour was reasonable. Some Members thought there was a risk that the police might be put off from taking the offence seriously, because of that potential defence. In fact, in the Public Order Act, reasonableness is not in the eye of the accused. Simply saying that behaviour that was intentionally designed to cause alarm or distress was reasonable does not provide a “get out of jail” card. Having clear guidance on this point would ensure that the matter is crystal clear to the police and all the authorities.

The proposed requirement for statutory guidance therefore provides that clarity, but it is not limited to that; the guidance can include other matters, should that prove desirable in future. The guidance would be addressed to the police, as is obvious from the terms of the new clause, but in practice its use would be wider than that, and would include the Crown Prosecution Service. That is because statutory guidance, once issued, is in practice taken by all parties to be authoritative. Indeed, there is no point in having separate guidance for the police, the CPS and any other body.

This is far from the only occasion when guidance is formally issued and addressed to one particular audience, rather than being proliferated to multiple actors. For example, statutory guidance within the Stalking Protection Act 2019 is formally issued to the police, but was drawn up in consultation with other statutory partners, including the Crown Prosecution Service. I envisage and hope that the Minister will be able to confirm that the same approach will be taken in this case, and that the CPS would be involved in drawing up the guidance to which my new clause refers.

It seems to me, reflecting on the debate we had in Committee, that an amendment that guidance must be issued and must include, inter alia, statutory requirements on the interpretation of reasonable conduct, is a pragmatic and practical way of responding to the points made in the debate. I am delighted that new clause 1 has attracted widespread support, including that of the Government, whose assistance in drafting it I grateful acknowledge.

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[Sir Christopher Chope]

I have tried to avoid—and have done so up to now—getting into the debate about the difference between sex and gender. I will not rise to my hon. Friend’s bait to try to develop arguments around that. The Bill, commendably, is specific to sex, and it leaves out gender. I will leave it at that if that is all right with my hon. Friend.

This brings me to the conclusion of my remarks. I will not say what my intentions are in relation to these amendments until I have heard from the Minister, which I hope, Madam Deputy Speaker, you will think is a reasonable approach to take.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Secretary of State.

[Anneliese Dodds (Oxford East) (Lab/Co-op)]

First, let me say how pleased I am to see the Bill finally making its way through the House today. I thank all of the campaigners and people who have worked tirelessly on this issue, including, obviously, the right hon. Member for Tunbridge Wells (Greg Clark) with all of his engagement, the civil servants who have been working with him, my hon. Friend the Member for Walthamstow (Stella Creasy) and the many other Members who have contributed to discussions on this subject for such a long time.

As we near the end of Women’s History Month 2023, I can say that the Bill is a welcome step in the right direction. I will, if I may, pull us back to the main subject at issue, which is around public sexual harassment. It does remain a major problem in our society. Plan International UK found that three quarters of girls and young women aged 12 to 21 experienced a form of sexual harassment in a public space in their lifetime. Those numbers increase for disabled women and girls, and for women and girls from a black, Asian or minority ethnic background. The impact of this harassment is shocking. Perhaps it is worth reminding the House about that as we discuss the Bill. In 2020, the Girl Guides found out that 80% of girls and young women feel unsafe when they are out on their own, increasing to 96% of young women aged 17 and 18.

[Madam Deputy Speaker]

Order. Just a reminder that, at this stage, we are discussing the amendment. There will be, I am sure, a very good opportunity on Third Reading for the wider issues, but at this point we are on Report. If the hon. Lady prefers to wait to Third Reading, that is absolutely fine.

[Anneliese Dodds]

In that case, I will just say that I mentioned those points in relation to new clause 1 and the other amendments. I believe that the right hon. Gentleman has set out very clearly the rationale, as has my hon. Friend the Member for Walthamstow, spelling out why we require guidance—we all hope that it will come speedily—but also why it is important that the legislation is consistent with other Acts in this area. I hope that the House will bear those remarks in mind when deciding how to vote.

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[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Minister is making some very good points, with only one exception: I think that the Mayor of London, Sadiq Khan, has had a good record in this general area. When it comes to the prison population, however, is it not about time that we did something about the 1,000 young people who are convicted under joint enterprise? That could open up so much capacity in our prisons.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Let us stick to the amendments.

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[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

I will also speak briefly and begin by paying tribute to my right hon. Friend the Member for Tunbridge Wells (Greg Clark) for securing the passage of this Bill. It has been great to hear it being warmly supported in the House today.

I rise primarily to pay tribute to a group of girls who really helped me understand this issue. Sandbach High School is not in my constituency—it is in that of my hon. Friend the Member for Congleton (Fiona Bruce)— but she kindly agreed for me to visit, because so many of my constituents go to school there. It is a girls school, and I had a session with a group of girls who put across to me how frequently this was an issue for them, even at this point in their lives, and how commonplace it was for them to experience harassment.

I also pay tribute to a charity in Crewe called Motherwell, founded by Kate Blakemore. What we have discussed today is recognising that this issue sits within a bigger picture of how we think about and treat women and girls in society. Motherwell is a women and girls charity dedicated to empowering women in all sorts of different ways, including looking at issues of their own safety. That organisation and that group of girls helped me understand this issue. I am pleased to be here today to pay tribute to them, and to my right hon. Friend, in supporting the Bill.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Secretary of State.

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[Greg Clark]

With the leave of the House, I will briefly thank all those who have aided the passage of the Bill.

I start by thanking my constituents who, over the years, have shared with me their experiences and encouraged me to bring forward this legislation, supported by campaigning groups from across the country.

To turn those intentions into prospective legislation, one requires advice and support. I am grateful to officials and Ministers in the Home Office, including the former Home Secretary, my right hon. Friend the Member for Witham (Priti Patel), and the current Home Secretary and her ministerial team.

My hon. Friend the Member for Derbyshire Dales (Miss Dines), who has seen the Bill through its previous stages, is indisposed today. I want to put on record my thanks to her and to my right hon. Friend the Minister for very ably picking up the brief today and responding during the Report stage. I am grateful to him for that.

I thank the excellent Clerks of the House. In particular, I would like to single out the Clerk responsible for private Members’ Bills, Anne-Marie Griffiths, who does a tremendous job, supported by her very able colleagues. We are grateful for the advice that she has given.

Finally, I thank the no less able Whips on both sides, in particular my hon. Friend the Member for Castle Point (Rebecca Harris). She has developed a reputation for sensing the mood of the House. In a House that can sometimes be a forum for contention, my hon. Friend has great skill in being able to bring us together on occasions such as this one.

Having put on record my thanks, I commend the Bill to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the right hon. Gentleman. Anne-Marie Griffiths was here earlier and she will be back, but we will ensure that she is aware of those kind words.

Question put and agreed to.

Bill accordingly read the Third time and passed.