Rupa Huq
Main Page: Rupa Huq (Labour - Ealing Central and Acton)Public Order Bill (Seventh sitting)
Rupa Huq ExcerptsTuesday 21st June 2022
(2 years, 6 months ago)
Public Bill CommitteesRead Full debate Public Order Act 2023 View all Public Order Act 2023 Debates Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 21 June 2022 - (21 Jun 2022)
The Chair
I have a few preliminary reminders for the Committee. Please switch electronic devices to silent. No food or drink is permitted during sittings, except for the water provided. Hansard colleagues would be grateful if Members emailed their speaking notes to hansardnotes @parliament.uk or, alternatively, passed their written speaking notes to the Hansard colleague in the room.
New Clause 1
Offence of interference with access to or provision of abortion services
“(1) A person who is within a buffer zone and who interferes with any person’s decision to access, provide, or facilitate the provision of abortion services in that buffer zone is guilty of an offence.
(2) A ‘buffer zone’ means an area with a boundary which is 150 metres from any part of an abortion clinic or any access point to any building or site that contains an abortion clinic.
(3) For the purposes of subsection (1), ‘interferes with’ means—
(a) seeks to influence; or
(b) persistently, continuously or repeatedly occupies; or
(c) impedes or threatens; or
(d) intimidates or harasses; or
(e) advises or persuades, attempts to advise or persuade, or otherwise expresses opinion; or
(f) informs or attempts to inform about abortion services by any means, including, without limitation, graphic, physical, verbal or written means; or
(g) sketches, photographs, records, stores, broadcasts, or transmits images, audio, likenesses or personal data of any person without express consent.
(4) A person guilty of an offence under subsection (1) is liable—
(a) in the first instance—
(i) on summary conviction, to imprisonment for a term not exceeding 6 months, or
(ii) to a fine not exceeding level 5 on the standard scale, or
(iii) to both; and
(b) on further instances—
(i) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine, or to both; or
(ii) on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine, or to both.
(5) Nothing in this section applies to—
(a) anything done in the course of providing, or facilitating the provision of, abortion services in an abortion clinic,
(b) the operation of a camera if its coverage of persons accessing or attempting to access an abortion clinic is incidental and the camera or footage is not used for the any of the purposes listed in subsection (3), and
(c) a police officer acting properly in the course of their duties.”—(Dr Huq.)
This new clause would introduce areas around abortion clinics and hospitals (buffer zones) where interference with, and intimidation or harassment of, women accessing or people providing abortion services would be an offence.
Brought up, and read the First time.
Dr Rupa Huq (Ealing Central and Acton) (Lab)
I beg to move, That the Clause be read a Second time.
At the last count, 35 other right hon. and hon. Members, from seven parties, including at least one Member of every party of England and Wales, had signed up to the new clause. I do not know whether the number has gone up since then.
We have talked quite a lot in Committee about what could happen. We have talked about what could happen if someone was carrying, as I am today, a bike lock— I thought I would have to cycle in; I cycled part of the way, to the house of another Member who gave me a lift the rest of the way—and whether I could be criminalised for having that on my person. Could two little old ladies from the Women’s Institute be arrested for linking arms? The new clause, though, addresses what is actually happening every day, up and down our country, at abortion clinics.
Some of the fanciful stuff we have talked about, such as members of Extinction Rebellion gluing themselves to trains, or the blocking of the A40 in my constituency, which I have spoken about, are pretty rare and the exception, not the rule; but every day, women are unable to make their way into abortion clinics to have a perfectly legal procedure. It has been legal in this country since 1967 or 1968, I think—for more than 50 years, anyway. There is disruption not just to the women who use the clinics, but to users of the public highway and local residents. The figures are there—the Home Office has done the crunching—and they show that tens of thousands of women, at a number of locations, are affected every year.
I have previously ventilated this issue through a ten-minute rule Bill and a letter to the then Home Secretary, Amber Rudd. Loads of MPs from both sides of the House signed up to those, because they know, as do their local police forces, what a waste of time it is for the police to have their people tied up in adjudicating between two groups of protesters. There are two groups. There are the anti-choice people, and then there is a group in my constituency called Sister Supporter; its members, who wear pink hi-vis vests, want to escort women into the clinic. There is friction, and the police, who should be fighting crime, are tied up there.
Kerry McCarthy (Bristol East) (Lab)
My hon. Friend mentioned the impact of the people outside the clinics on the people going into the clinics, and the obstruction of the pavement and passers-by, but does she agree that there is a difference between the two? As we have discussed in Committee, protests that cause people inconvenience are legitimate, but there is quite a difference between that and the harassment of people making a possibly difficult life choice. Does she agree that there is a difference in the impact on people, and that protesters could hold a protest without being close to the clinic?
Dr Huq
My hon. Friend makes a really good point. When is a protest not a protest? These women are subject to harassment. There is a time and place for protest. If someone wants to attack legislators, they should protest here, or they could protest at the Department of Health and Social Care, wherever that is now—I know it is not in Richmond House anymore, because my office is there. There are legitimate places where people can hold a protest without shaming individual women and rubbing their noses in it. We have heard how these things are filmed and put on Facebook Live, and the new clause takes that into account.
The Minister has chided me on this before, but last time there was a Labour amendment on this issue, it also concerned anti-vax protests. The former Minister for vaccines used to have a Friday call with all of us that was very popular, and he pointed out that stuff has been done in law to stop those protests. This is not dissimilar. We said after the horrible Sarah Everard episode that women should be able to go about their lawful business, to use the public highway and to walk down the street without being impeded by others. Some people would describe what is happening outside clinics as a protest; the people doing the “protesting” would say they were holding vigils and offering advice to the women, but there is a time and a place for that, and it is not at the clinic gates when women are making the most difficult decision of their life, as my hon. Friend the Member for Bristol East said. They are not doing it lightly, and it may be for all sorts of reasons, such as fatal foetal abnormality.
Other jurisdictions have similar legislation. The French legislation brackets the offence with causing psychological distress, and the amendment is lifted from British Columbia. Several American states have such an offence, as does Australia. I have given the example of Ealing before, and I am proud that my local authority was the first to set up a public spaces protection order, or PSPO. Ministers have told me, “Well, councils can do that,” but that order was set up in 2018, and only three other councils in the country have done the same, although new locations for such action are popping up all the time. The Minister might not understand, but my hon. Friend the Member for Bristol East and the shadow Minister, my hon. Friend the Member for Croydon Central, will know that walking past certain unpleasant things will send a shiver down a woman’s spine anyway. Imagine how that might be magnified when they face a difficult medical procedure. Women can sometimes be uneasy about using the public highway; such activity adds a whole new dimension.
As I say, only three other councils have used a PSPO. Why have other councils not done so? Because setting them up is time-consuming and clunky for local authorities, who have quite a lot on their plate. In Ealing, we have the west London Marie Stopes clinic. It is not just my constituents who use it; women come from all over the country, and women from Ireland historically have used it. We are lucky in Ealing: protesters are moved away from the clinic gates. They are moved only 150 metres away, because there is a main road boundary there. We could be flexible about the limit; it could depend on where the clinic gates are, and where women have to pass. As a mother, I have taken little ones past these groups. We are not just talking about protests; there can also be gruesome images of foetuses and 3D dolls. I have been asked, “Mummy, what’s that?” People who are not even using the clinic have had to divert and use other roads so as not to pass that distressing scene.
Other councils have not followed Ealing because doing so is very resource intensive. We had this situation for 24 years in Ealing before the council took the imaginative route of using antisocial behaviour order byelaws; that is what PSPOs are thought of as being. The order is only temporary; it lasts three years before it has to be renewed, and a huge burden of evidence is needed. There is the principle of consistency before the law. We are lucky in Ealing, but this should not be a matter of luck. People should have equal protection under law, wherever they live, and there should be such restrictions for every clinic. I understand that Birmingham has two clinics, one in the north and one in the south; sometimes the protest gang will be at the north clinic, and sometimes at the south one. The element of uncertainty needs to be eliminated. Life has enough uncertainties as it is.
We are often told in Committee, “There is sufficient legislation.” Opposition Members have at times asked the Government, “Why do you want to create a new offence? There is sufficient legislation out there. These people can be stopped.” In this instance, it is proven that there is not sufficient legislation. Whenever I have ventilated the issue, the idea of taking action has been popular on both sides of the House. As constituency MPs, we all know about the complaints we get in our postbags when a street becomes unusable and police are tied up in dealing with unnecessary stuff. I was discussing this offline with a Committee member who I cannot see in his place today. He has an issue with abortion, but this is not about abortion at all; it is not about the number of weeks before which a person can have an abortion, or about being anti-abortion or pro-abortion. It is just about people not having a protest within the buffer zone, however many metres wide we define that as being. People can make their protest in a way that does not interfere with women’s right to walk into the clinic and have the procedure.
As my hon. Friend the Member for Bristol East pointed out, having an abortion is a huge, difficult decision, and women should be informed of the pros and cons and their choices by medical professionals, counsellors and family members. These things should not happen in the street, in a pressurised environment, and in a distressing and confrontational way that is about trying to bring on all these feelings of guilt and shame.
This issue is just not going away. The number of protest sites is growing year on year. The stuff going on across the Atlantic, where Roe v. Wade is being revisited, is very regressive. I do not want us to take a polarised position in Britain. As I have said before in this Committee, the Ealing decision has been challenged at every level—in the High Court, the Supreme Court and the Court of Appeal—and it has always won. Judges have seen that someone having a medical procedure has a right to privacy that trumps freedom of belief, thought, conscience and expression. The two do have to be balanced, and people can have their protest, but not in a way that interferes with women’s right to use the public highway, and to have a procedure to which they have been legally entitled for decades—for longer than my lifetime. All the medical opinion supports this approach; it is supported by the British Medical Association, all the royal colleges, the nurses and midwifery people, and even good old Mumsnet, who are not normally seen as militant crazies.
I think I have said my bit for now. As I say, this measure was massively popular when it was a ten-minute rule Bill, and that was at the height of covid, so not everyone was in the building, but I think the numbers in support of it were crushing. If there was a free vote on the measure, I think that the House would support it. The Government should adopt it; they can then show that the Sarah Everard case was not in vain, and that something has been done for women and girls, even though there are zero mentions of the issue in the Bill.
Mrs Natalie Elphicke (Dover) (Con)
I agree with the hon. Member for Ealing Central and Acton that the new clause is not about abortion rights. This is a Public Order Bill about the right to protest, the extent of active protesting that seriously disrupts others, and where the balance lies.
The public order subject matter of new clause 1 has been debated previously and was the subject of an in-depth review by the Government in 2018. That review engaged with more than 2,500 people and organisations, and it concluded that national exclusion zones of the type proposed in new clause 1
“would not be a proportionate response, considering the experiences of the majority of hospitals and clinics, and considering that the majority of activities are more passive in nature.”
I note the evidence submitted to the Committee by a Mr Damien Fitzgerald, who described in the following way the activity we are discussing:
“Peaceful pro-life vigils are not ‘protests’…Pro-lifers at peaceful vigils do not behave in a harassing or intimidating manner. They are simply praying and making it clear that help is available.”
That description was echoed in the findings of the Government’s review:
“The main activities reported to us that take place during protests include praying, displaying banners and handing out leaflets.”
The review went on to say that there were
“relatively few reports of the more aggressive activities described.”
Those examples included
“handing out model foetuses, displaying graphic images, following people, blocking their paths and even assaulting them.”
Such behaviour is entirely unacceptable and should, like all such activity on any issue, be tackled robustly.
There are existing laws to address personal intimidation and assault, as the then Home Secretary set out at the time of the review. There are also laws that allow local authorities to introduce local exclusion zones, where they believe that to be right. I note what the hon. Member for Ealing Central and Acton says about Ealing Council’s order, which has been in place since 2018. I therefore suggest that new clause 1 is wholly unnecessary for addressing the harm that has been outlined. It can be addressed, and indeed is being addressed, under current laws.
On balancing those rights, I note that new clause 1 is considerably wider in scope than the Ealing order. I would be grateful if the hon. Lady explained the reasoning behind the significant widening in the new clause. In particular, the Ealing order relates specifically to protests approving or disapproving of abortion services, but the new clause would criminalise only those who disapprove of abortion services. It seems that any person who wishes to facilitate the provision of such services within the buffer zone, for example by providing a physical or verbal presence in the zone, would not be criminalised by the new clause. That is a considerable difference from the approach taken in the Ealing order.
The Ealing order specifies that the people who are to be protected are service users—the women seeking the services—and those who work in the abortion clinics, but not protesters. Under the Ealing order, where there is a protest and a counter-protest at the same site, all protesters are treated equally, but that is not the case under subsection (1) of the new clause. It favours one side of a protest over another. That is an issue on which the Committee has heard evidence; I will come to that in a moment.
The Ealing order limits the offence to interfering, intimidating, recording or photographing service users or members of staff in the controlled area. New clause 1 contains no such limitation, which raises the question of whether a protester could be criminalised for photographing a counter-protester—not a member of staff or service user—when both are in the buffer zone, or indeed when one is in the buffer zone but the other is outside it.
On “seeks to influence” in subsection (3)(a), I draw the Committee’s attention to the evidence we received from Martha Spurrier of Liberty, who said:
“People are entitled, as part of their right to protest, to seek to influence people, as long as they do not do so in a way that is harassing.”––[Official Report, Public Order Public Bill Committee, 9 June 2022; c. 74, Q143.]
The new clause seems much broader than the Ealing order, and I would be grateful if the hon. Lady could explain why in detail.
Subsection (2) of the new clause specifies that the buffer zone boundary should be 150 metres from any part of the abortion clinic, or any access point to the site. The hon. Lady stated in evidence:
“The distance need not be 150 metres. We just took that from Ealing, because that is where the main road is, so then it is not in the eyeline.”––[Official Report, Public Order Public Bill Committee, 9 June 2022; c. 73, Q143.]
I think she expressed a similar view just now.
The map of the area covered by the Ealing order shows that it has a highly unusual shape. It is a fat T; it covers a long strip of main road along the top, and a section of the park in which the clinic is situated. Reports, including from the BBC, refer to it as a 100-metre buffer zone, rather than a 150-metre one. I would be grateful if the hon. Lady clarified the basis for that, and her understanding of how the measures would operate in different locations. Is it intended, as the drafting suggests, that the buffer zone be a 150-metre circle around the site, or does she envisage a more site-specific approach being taken, as was the case in Ealing? She referred to Ealing, but the new clause does not provide for a site-specific or case-by-case approach.
The Minister for Crime and Policing (Kit Malthouse)
Given the comprehensive nature of the speeches, not least that of my hon. Friend the Member for Dover, I will keep my remarks short. During the course of the Committee’s debates, it has been interesting to hear how Members have tried to strike a balance between the competing rights that we acknowledge exist in society.
The hon. Member for Ealing Central and Acton put her finger on what is basically the entire point of the Bill when she asked, “When is a protest not a protest?” I think we can all agree that there is a case for the rights of the individual to be balanced when anybody faces harassment—people screaming at them, pretending to be protesters; effectively any sort of verbal assault—whether that is on entering an abortion clinic or, indeed, in the case of the women protesters in Bristol at the weekend. These are different situations where we, as democratic politicians, have a duty to try to balance the competing rights on display.
The hon. Member for Ealing Central and Acton has campaigned passionately on this issue; I salute her for her indefatigable pursuit. Her new clause is very similar, if not identical, to one she tabled during the passage of the Police, Crime, Sentencing and Courts Act 2022. The remarks made at the time by the Minister responsible for the Bill—the Minister of State, Ministry of Justice, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins)—are essentially the same as our position now. We believe that a suite of existing offences can handle this harassment, as the hon. Lady knows. The Public Order Act 1986 makes it an offence to display images or words that may cause harassment, alarm or distress, attracting six months’ imprisonment or a fine. It also means the police can impose certain conditions on protests.
Kit Malthouse
I will give way in a moment. We also have the Protection from Harassment Act 1997, which makes it an offence for someone to pursue a course of action that they know will amount to harassment of someone else; again, this offence attracts six months’ imprisonment and/or a fine. There are also the PSPOs, which the hon. Lady talked about. We have three in operation—Ealing, Richmond and Manchester—that have successfully put an end to some of those harmful protests.
The hon. Lady can respond at the end to the points that have been raised. Before she does so, however, I would just say that there are some difficulties with the scope of her new clause, as my hon. Friend the Member for Dover pointed out. It goes much further than existing PSPOs and covers private dwellings and places of worship that fall within 150 metres of a clinic, as well as other premises where the behaviours she has described would not have the impact of interfering with access, but could be criminalised. That, I am afraid, would be disproportionate. As my hon. Friend said, it would also include doctors in surgeries within 150 metres of a clinic who offer advice to patients about abortions. That too would be disproportionate.
We believe that the argument the hon. Lady made strengthens the case for locally driven responses that take into account local facts, issues and circumstances, rather than a nationwide blanket ban. As my hon. Friend said, we reviewed this matter in 2018, with a further review in 2020. We will continue to keep it under review, particularly by engaging with the National Police Chiefs’ Council and local authorities as they see these events unfold.
Based on the evidence, we have concluded that it would not be proportionate to introduce a blanket ban. Obviously, none of the provisions in the Bill that we have talked about so far has imposed a blanket ban. They are all about imposing conditions when a protest crosses the line, as the hon. Member for Ealing Central and Acton says, into being something else—into being a crime. As the hon. Member for Glasgow North East knows, it is possible to impose such conditions in Scotland; we would like to mirror that in England and Wales. The hon. Member for Ealing Central and Acton voted against Second Reading on the basis that the Bill would curtail the right to protest, but here we are with a new clause that puts a blanket ban on protests, rather than placing conditional controls on them that would essentially seek to balance competing rights.
We understand the intentions behind the hon. Lady’s new clause, and see her passionate campaigning. I know that she has support from across the House, and that the issue will emerge again, but for the reasons that we have set out, I am afraid that I urge her to withdraw the new clause.
Dr Huq
There is quite a lot of stuff to respond to there. There has been quite a lot of whataboutery. I will start with the hon. Member for Dover. She made a large number of points, and I did not want to stop her flow, because she was reading out her speech so nicely, but there were some misunderstandings. The new clause is not identical to the Ealing order. I think that I explained that the new clause is based on the British Columbia provision, and I am happy to work with the Government to iron out any wrinkles in it. The distance of the boundary of the buffer zone should depend on the situation of the clinic. I understand that the Streatham clinic is in a cul-de-sac, so the buffer zone there would be different.
The Ealing PSPO came in relatively recently, in 2018, whereas the protest there has been going on since the ’90s. A great number of people thank me for the PSPO, and say that they can now use the pavement. The hon. Lady described BPAS in east London. I do not know the lay-out of that clinic, but she says that it is in a doctor’s surgery. Unusually, in this country, these services tend to be provided in stand-alone clinics. It is different in Scotland, where they are often provided in a hospital.
Dr Huq
Let me finish what I am saying. There are two main providers: BPAS and Marie Stopes, which runs the West London clinic in my constituency. They have stand-alone clinics, and these services are all that the clinics provide. The east London clinic is not known to me. I advise the hon. Lady to take a trip to the Marie Stopes in Maidstone, the nearest one to her, and look at the evidence logs. Getting the PSPO involved presenting the evidence logs.
The Chair
Order. Hon. Members must ask the person speaking if they will give way, and should not carry on talking if the other person is still talking.
The Chair
No. To be absolutely clear, when a Member is speaking, and someone wants to intervene, they ask if the Member will accept the intervention. If the Member carries on speaking, they have not agreed to the intervention. Could we follow that process? Otherwise, things will get chaotic.
Mrs Elphicke
I am grateful to the hon. Lady for giving way. That is not what I said; I wanted to clarify, because I think that there has been a factual misunderstanding. I was describing the location of the BPAS centre, and mentioned the things around it—a doctor’s surgery, a school, a midwifery clinic. I was not saying that the BPAS centre sits in a doctor’s surgery.
Dr Huq
I think there has been plenty of misunderstanding of our two positions. I think that there are about 77 clinics across the country, including in Streatham and Bournemouth. Three local authorities have orders in place; that is a tiny number. I wanted to ask the Minister whether he knows how many prosecutions there have been under the Public Order Act 1986 and all the other bits and pieces of legislation that he cited. I think it is pretty much zero. Again, there was whataboutery; it was said that the new clause would criminalise people unnecessarily. [Interruption.] Yes, exactly; that stuff.
The Chair
Order. Can we let people speak? I do not want shouting across the Committee. If people want to intervene, they need to ask to intervene.
Dr Huq
Thank you, Mr Dowd.
We have heard hypotheticals about the new clause criminalising x, y and z. It has been pointed out that these people are passive and very nice—they hold rosary beads, or whatever. There have been zero prosecutions in Ealing, because these people are actually quite law-abiding, and they have simply moved their protest to the other side of the road. They are complying with the law—I think there was one warning at the very beginning. As I say, the order has been renewed once, in 2018.
My worry is that we are going down a very American sort of route. There are very well endowed groups, largely from across the Atlantic, that fund things such as the research and statistics we have heard. There are several of those groups. There is one called 40 Days for Life that is active every Lent, which shows how these protests are sometimes sporadic. That is why it would be wise to have a consistent approach—I call it consistent, not blanket—where, under the rule of law, every woman has that protection, not just if they live in Ealing, Richmond or Manchester. Every Lent, 40 Days for Life pops up and does a 40-day running protest. Again, that is something that should not be there, but we do not know.
It is claimed that these protests are passive and that the protesters are only praying. I have been trying to explain how that can be intimidatory and psychologically disturbing to women. How many times do we sometimes cross to the other side of the road or go the other way because some bloke looks a bit dodgy? I am disappointed that the hon. Member for Dover, as a sister, did not understand that—although the Minister, as a robust bloke, might not get the same feelings walking down the street that we do. The French version talks about psychological distress, as well.
The hon. Member for Dover described it as peaceful, but that is utterly subjective—it can be quite sinister and chilling to see these people with their rosary beads. The entire thing is designed to affect a termination and to individually shame women. That is what it is about. My hon. Friend the Member for Croydon Central, the shadow Minister, described this experience of running the gauntlet and the onslaught that people can feel, and she was going to a clinic as an observer. She was not even a user. There are examples from America of women staff of these clinics having had their cars booby-trapped. It is really quite alarming. We are going down that road.
We seem to be stuck in a groove in 2018. We have been told there was a review in 2018, but when I have asked questions about this, the Home Secretary has even said that it is under constant review. So what is going on? Have the Government shut the lid—“It was done in 2018; sorry, go away”—or is it under constant review? This issue is dynamic, and it needs to be looked at.
The conclusion in 2018 was that things are not bad enough. How many women are we saying need to be affected? How bad does the threshold have to be? It does not happen at every clinic all the time, but it could happen at any clinic. That is what we should look at. We are talking about 100,000 women a year, and there are other Members with clinics in their seats. The hon. Member for Harwich and North Essex (Sir Bernard Jenkin) and I are very misaligned on Brexit and loads of other issues, but he is my cosignatory on this new clause.
There is just so much I could say. The last time there was a vote on this issue was my ten-minute rule Bill, the Demonstrations (Abortion Clinics) Bill, which passed by 213 votes to 47. The hon. Member for Glasgow North East was saying that the SNP will vote against it. If Members had a free vote, it would be very different. We have seen with the Northern Ireland abortion stuff—
Anne McLaughlin
We will not be voting against it. We will just be abstaining on it because it is our principled stance not to vote for it. I certainly support it.
Dr Huq
I totally get what the hon. Lady is saying. Subject to Supreme Court review, Northern Ireland is about to introduce protections for women using these clinics along these lines. Scotland is very sensibly consulting on this and having a serious conversation. Soon it could be only England and Wales that are in this invidious situation. All the other countries of the Union are going the right way on this.
What I meant is that the hon. Member for Glasgow North East said that the SNP will vote against it. When offered a choice, when not subject to whipping, Members who have clinics in their seats know the trouble caused to ordinary clinic users—to ordinary street users—all the time.
Dr Huq
My ideal would be to sit down with the Government to make something better. I will not press the new clause to a vote today, because I think it can be improved—I take those points—so I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 2
Hostility towards sex or gender
“(1) After Section 5 of the Public Order Act 1986 insert—
‘5A
Offences aggravated by sex or gender
(1) An offence under section 5 of this Act is aggravated by sex or gender where the offence is—
(a) aggravated by hostility toward the sex or gender of the victim,
(b) of a sexual nature, or
(c) both of a sexual nature and aggravated by hostility toward the sex or gender of the victim.
(2) A person guilty of an aggravated offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.
(3) It is not a defence under this section that a person did not believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress if a reasonable person in possession of the same information would think that there was a person within hearing or sight who was likely to be caused harassment, alarm or distress.
(4) An offence is “aggravated by hostility towards the sex or gender of the victim” for the purposes of this section if—
(a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s sex or gender (or presumed sex or gender); or
(b) the offence is motivated (wholly or partly) by hostility towards members of a group based on their sex or gender.
(5) In this part, gender has the same meaning as in the Gender Recognition Act 2004.’
(2) Part 3A of the Public Order Act 1986 (Hatred against persons on religious grounds or grounds of sexual orientation) is amended as follows—
(a) In the heading for Part 3A at the end insert ‘or grounds of sex or gender’.
(b) In the italic cross-heading before section 29A at the end insert ‘and hatred on the grounds of sex or gender’.
(c) After section 29AB insert—
‘29AC
Meaning of “hatred on the grounds of sex or gender
29AC In this Part “hatred on the grounds of sex or gender” means hatred against a group of persons defined by reference to their sex or gender.’
(d) In the italic cross-heading before section 29B at the end insert ‘or hatred on the grounds of sex or gender’.
(e) In section 29B(1) at the end insert ‘or hatred on the grounds of sex or gender’.
(f) In section 29C(1) (publishing or distributing written material) at the end insert ‘or hatred on the grounds of sex or gender’.
(g) In section 29D(1) (public performance of play) at the end insert ‘or hatred on the grounds of sex or gender’.
(h) In section 29E(1) (distributing, showing or playing a recording) at the end insert ‘or hatred on the grounds of sex or gender’.
(i) In section 29F(1) (broadcasting or including programme in programme service) at the end insert ‘or hatred on the grounds of sex or gender’.
(j) In section 29G(1) (possession of inflammatory material) at the end insert ‘or hatred on the grounds of sex or gender’.”—(Alex Cunningham.)
Brought up, and read the First time.
Alex Cunningham
I beg to move, That the clause be read a Second time.
The new clause was tabled by my hon. Friend the Member for Walthamstow (Stella Creasy), to whom I pay tribute for her tireless campaigning on this issue. Last year, when we were debating the Police, Crime, Sentencing and Courts Bill, I and my Labour colleagues on the Bill Committee spoke at length about how the Government were missing a golden opportunity to take robust action to protect women and girls from the violence and harassment that they face every day. Sadly, however, the Government chose to miss that opportunity, instead pushing the Bill through without any consideration of the steps that they could take to ensure that women and girls were able to go about their lives without worrying about their safety.
You can imagine, Mr Dowd, how pleased I was last week when, about to present my private Member’s Bill on the Floor of the House, I heard the right hon. Member for Tunbridge Wells (Greg Clark), a few Bills ahead of mine, presenting his Protection from Sex-based Harassment in Public Bill to make provision against causing intentional harassment, alarm or distress to a person in public when the behaviour is done because of that person’s sex. I do not know whether he was seeking some form of review or specific action, but clearly there is support for such measures in all parts of the House. It is time for the Government to put aside all the talk about acting on misogyny and to accept the new clause. Furthermore, given the Minister’s speech in the debate on new clause 1, I feel somewhat encouraged that he, too, is ready to take some action.
Last week I received a letter from the hon. Member for Louth and Horncastle, who is the Minister for ending violence against women and girls. She provided an update on the Government’s response to the end-to-end rape review. She ended her letter by saying:
“Thank you for your engagement on these crucial issues. Violence against women and girls is a global problem and it is our collective mission to support victims and bring perpetrators to justice. I look forward to working with you to address these crucial issues and bring about the transformational change that victims deserve.”
I found that message extremely heartening because she is, of course, correct that we need to work together in all parts of the House as a collective to improve the dire outcomes that women and girls face when seeking justice. I hope the Minister will share that sentiment, engage positively with the substance of the proposed new clause and accept that it should be included in the Bill.
I know that the Minister will be aware of the scale of the problem, which affects women and girls across the county on a daily basis. Some 66% of girls in the UK have experienced sexual attention or sexual or physical contact in a public space. That gets worse with age: a report by UN Women UK published in January 2021 showed that in a poll of 1,000 women, 71% had experienced sexual harassment in a public space. That figure rose to 97% for women under 25. That harassment, intimidation and abuse never shows up in formal crime statistics, not because it is not serious enough, but because women do not think that going to the police will help.
House of Commons Library data shows that half a million crimes against women go unreported every year, and women are less likely than men to report abuse to the police. Research shows that two thirds of women experience abuse or harassment in public places, but 80% of them do not report those crimes to the police as they do not believe they will be addressed or taken seriously.
There are two reasons why it is so important that these supposedly lower-level offences are taken seriously by the police and the criminal justice system. First, those who perpetrate violence against women are often repeat offenders whose violence and abuse shows a pattern of escalation. That is not to say every misogynist who shouts at women in the street goes on to violently attack women, but many of those who do carry out such attacks start by throwing verbal abuse. If we can identify, monitor and—where necessary—restrict those who commit the early offences, we will be better able to prevent the all-too-familiar pattern of escalation before it has dire consequences.
Secondly, by letting these offences go unregistered or unpunished, we are sending a message about how seriously—or not—we take violence against women and girls. If someone is abused because of their sexuality, ethnicity or religion, the law rightly says that the abuse—based on who someone is—is unacceptable. Unfortunately, the law does not say the same thing if someone is abused simply for being a woman or a girl.
We all recognise that more needs to be done to tackle misogynistic abuse, but if we do not act, we are endorsing a legal system that is permissive of such abuse. If we do not act, we are endorsing a system that sees women repeatedly targeted but then choosing not to report the crime because they—too often rightly—suspect that it will not be treated as seriously as it should. I cannot repeat that fact enough: until we demonstrate that the law is on the side of women and girls, most of them will not report the abuse, which we ought to recognise as crimes.
The proposed new clause would be a crucial first step in tackling the harassment and abuse that women and girls face every day. It would, in simple terms, put in place harsher sentences for those who commit abuse or harassment motivated by misogyny or misandry. Sentences would be set at the same level as intentional harassment, allowing courts to recognise the higher degree of culpability that these crimes should carry. It would, for the first time, recognise that there is something particularly damaging about targeting someone solely because of their sex, in the same way that we do if someone is targeted for other aspects of their identity.
During the passage of the Police, Crime, Sentencing and Courts Act 2022 in the other place, the Minister there said that the Government would bring forward a consultation on public sexual harassment. That was some time ago, but I am afraid there are two reasons why I do not think that is an appropriate solution. First, a myopic focus on sexual harassment ignores other harassment that women and girls face on a daily basis. If the focus is narrowed to only behaviour that is explicitly sexual or for the purposes of sexual gratification, conduct such as ripping off a Muslim woman’s hijab would not be covered.
That would be counterproductive, because it would suggest that such behaviour is somehow less serious than sexual harassment, and it would prevent the police from gathering crucial information about patterns of offending. Instead, we need to adopt the approach that the new clause takes and recognise that, at its root, sexual harassment is about power and hostility, and we should treat it as such. We should not separate out sexual abuse from sexist abuse; we should treat them as symptoms of the same underlying problems.
The second reason is that we all know that a Government consultation is absolutely no promise of action. Indeed, the Government’s own adviser on sexual harassment has said that both she and the Home Secretary are supportive of action, but the idea is being vetoed by those higher up in Government. Given how few people are able to overrule the Home Secretary, the Minister will forgive me if I am sceptical that a Government led by the current Prime Minister will take action on sexual harassment without being pressed to do so.
Even putting those misgivings aside, this is not an issue that can wait for the slow cogs of Government policy making to engage. If we do not take the opportunity that the new clause offers us, it could be years before we have another opportunity to act. In that time, millions more women will experience this behaviour and not report it because they know our legal system does not treat it with the seriousness it deserves. I appreciate that we are yet to see the detail of the Protection from Sex-based Harassment in Public Bill, in the name of the right hon. Member for Tunbridge Wells. Whatever measures he may succeed in introducing, however, it could be a year or more before they take effect. We can take out the uncertainty now and prevent further delay.
Proposed new subsection (2) is aimed at those who may never carry out a violent or abusive act themselves, but who may encourage others to do so. Encouraging racial or homophobic abuse is already a criminal offence, and rightly so. As we have seen across the world, and during the tragic events in Plymouth last year, there are people out there who seek to stir up hatred of women for no reason other than that they are women. That is clearly unacceptable, and I was pleased that the Law Commission recommended last year that we bring our laws into the 21st century and tackle the stirring up of misogynistic and misandrist hatred.
I am sure the Minister will say that the Government are considering very carefully what the Law Commission has said and will respond in due course, but we know that when it comes to radicalisation, every day can make a difference. Every day that the Government delay is another day in which poisonous ideologies, such as so-called incel culture, have a chance to spread further and do more damage to the fabric of our society. This new clause would enable us to skip the inevitable delays of Government going back and forth over an issue when the right course of action is clear to us all, and immediately tackle those who seek to spread such hate. I know that the Government may act eventually in this area, but I appeal to the Minister and other Government Members to put an end to it all—end the talk about the issues I have raised, end the delay in taking action and back the new clause.
Mrs Elphicke
I am grateful to the Minister for his comments and ask him to consider in greater detail whether the action is sufficient. This was a probing new clause, which I spoke to on behalf of my hon. Friends the Members for Thurrock and for Blackpool North and Cleveleys. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 8
Publication of data about use of stop and search powers
“(1) The Secretary of State must publish data about the use of the stop and search powers under sections 6 and 7 within three years of—
(a) if sections 6 and 7 come into force on the same date, the date on which they come into force, or
(b) if sections 6 and 7 come into force on different dates, the later of those two dates.
(2) The data published under this section must include—
(a) the total number of uses of stop and search powers by each police force in England and Wales, including whether the powers were used on suspicion or without suspicion,
(b) disaggregated data by age, disability, ethnicity/race, sex/gender and sexual orientation of the people who have been stopped and searched, and
(c) data relating to the outcomes of the use of stop and search powers.”
Brought up, and read the First time.
The Chair
With this it will be convenient to discuss new clause 9—Review of the use of stop and search powers—
“(1) The Secretary of State must appoint an independent reviewer to assess and report annually on the use of the stop and search powers under sections 6 and 7.
(2) In carrying out their review, the person appointed under subsection (1) must—
(a) consider the impact of the use of stop and search powers on groups with protected characteristics under the Equality Act 2010, and
(b) consult such civil society organisations as appear to the person appointed under subsection (1) to be relevant.
(3) The person appointed under subsection (1) must ensure that a report on the outcome of the review is sent to the Secretary of State as soon as reasonably practicable after the completion of the review.
(4) On receiving a report under this section, the Secretary of State must lay before Parliament—
(a) a copy of the report, and
(b) the Government’s response to the findings.
(5) The first report under this section must be completed no later than one year after the date provided for under section [publication of data about use of stop and search powers](1).”
Dr Huq
These new clauses are authored by my hon. Friend the Member for Battersea (Marsha De Cordova) and address clauses 6 and 7 of the Bill, on stop and search. New clause 8 would make it mandatory for the Home Office to collect data on how stop and search is going—demographic data on who it affects, how old they are and what ethnic group they are from. New clause 9 would create a new position of an independent reviewer, who would then assess the use of the powers.
Over the past few days and weeks, we have heard how this Bill criminalises protest tactics and potentially drags more people into the criminal justice system. My hon. Friend and I would say that it is people from black and minority ethnic communities who will suffer the most. They are already over-policed and targeted by the authorities. There were the notorious sus laws in a former age. It took quite a lot of good will between the police and the former Prime Minister, the right hon. Member for Maidenhead (Mrs May), to ease tensions, but now I feel that we are going backwards here.
Kit Malthouse
The hon. Lady is making exactly my point. I am afraid that the hon. Member for Ealing Central and Acton did use the word “racist” regarding the operation of stop and search. I was refuting that as a conclusion that may be drawn. There are complicated reasons behind the disproportionality in stop and search, and we all have a duty to try to understand what they may be.
Sometimes, there are statistical anomalies. There is a well-known anomaly in Dorset from a couple of years ago where a couple of drug dealers travelled down to deal drugs and they were stopped and searched. They happened to be from a BME background. Even though they were the only two people who were stopped and searched during that period, that stop and search and their apprehension as drug dealers meant that someone was 40 times more likely to be stopped and searched in that part of Dorset if they were from a BME background.
There are lots of complicated reasons that we need to understand about the disproportionality, and I am not downplaying the significance of it. As somebody who has fought crime in London during my political lifetime, I am very conscious of the impact it can have. I have sat and worked with all communities across London, particularly those affected by very serious violence, to understand the impact of stop and search. I have to say that body-worn video, in particular, is making a huge difference.
On new clause 9, I agree with the hon. Lady that independent oversight of the use of intrusive powers is essential. We all expect the police to use their stop-and-search powers as they see fit and to scrutinise their use of powers to ensure they remain focused, legitimate, proportionate and necessary. However, it is also true that having an independent body increases accountability and enhances the service officers are giving to the public.
I am pleased, therefore, to remind the Committee that we are fortunate to have two independent bodies that already perform that vital task. First, Her Majesty’s inspectorate of constabulary and fire and rescue services inspects forces on their use of stop and search as part of their annual inspections, and makes recommendations for improvement where needed. That allows the public to see whether their local force is meeting the high standards we expect. Forces should be able to explain their use of stop and search, including any disparities, to HMIC and the public, and we expect forces to respond to the inspectorate’s recommendations with alacrity.
Secondly, the Independent Office for Police Conduct provides a function through which complaints about police use of stop and search can be investigated. It is also able to issue recommendations to which forces are legally obliged to respond. As the “Inclusive Britain” report set out, the Government also recognise the importance of scrutiny by local communities. We are already enhancing these safeguards through the development of a national framework for community scrutiny of stop and search.
I know the hon. Lady will join me in praising the hard work of those two independent bodies in scrutinising police powers, and indeed the hard work of the police in using stop and search over the past couple of years to remove about 50,000 knives from the streets. I hope I have offered her some reassurance that we are conscious of our duty to deal with disproportionality, and that the existing safeguards and structures, as well as the new powers in the Bill, will be aligned with respect to that responsibility. On that basis, I hope she will withdraw the new clause.
Dr Huq
I hear what people have said, but the new clause would make the publication of data mandatory. The Minister has said that there are statistics around, but the new clause would make that a targeted, mandatory thing, given the huge increase in stop-and-search powers. He said that I called their application at the moment racist, but I spoke, in fact, about revelations and allegations. That would be flushed out by having statistical data that we could see—is it the case or not? There is this whole whataboutery point; people are saying, “This will criminalise a whole load of people, and it will be black and ethnic minority people who are hit hardest by it.” Let us publish the data and see.
As for the independent reviewer, we have that with other things, such as terrorism. In the interests of openness and transparency, we should be overseeing these things. The Minister talked about the IOPC, but it takes years for a complaint to go through it, whereas this measure would mean an ongoing, dynamic process of collecting figures. Yes, nobody should be subject to racist stop and search, but Members should look at the figures, which cause one to think, “Oh, what’s going on here?” Let us have the data.
Question put and negatived.
New Clause 9
Review of the use of stop and search powers
“(1) The Secretary of State must appoint an independent reviewer to assess and report annually on the use of the stop and search powers under sections 6 and 7.
(2) In carrying out their review, the person appointed under subsection (1) must—
(a) consider the impact of the use of stop and search powers on groups with protected characteristics under the Equality Act 2010, and
(b) consult such civil society organisations as appear to the person appointed under subsection (1) to be relevant.
(3) The person appointed under subsection (1) must ensure that a report on the outcome of the review is sent to the Secretary of State as soon as reasonably practicable after the completion of the review.
(4) On receiving a report under this section, the Secretary of State must lay before Parliament—
(a) a copy of the report, and
(b) the Government’s response to the findings.
(5) The first report under this section must be completed no later than one year after the date provided for under section [publication of data about use of stop and search powers](1).”—(Dr Huq.)
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Question negatived.
New Clause 10
Guidance on locking on
“The Secretary of State must by regulations issue guidance to police forces about the protest technique of locking on, which includes—
(a) examples of best practice, and
(b) detailed guidance on addressing new and developing forms of locking on.”—(Sarah Jones.)
Brought up, and read the First time.