Police, Crime, Sentencing and Courts Bill

Sara Britcliffe Excerpts

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

[Kit Malthouse]

I can appreciate the hon. Lady’s requirement for action. As I say, action is what we are trying to put in place. To be clear, again, we are not saying that the fact that we are declining to make this Lords amendment means that we should not do anything. As I said to my right hon. and learned Friend the Member for South Swindon, there are further offences that we need to consider.

In fact, the Law Commission’s report went further and said that if we were to introduce that offence, it would complement other work on offences that may be coming forward, such as cyber-flashing, which my right hon. Friend the Member for Basingstoke (Mrs Miller) has raised several times in the House; rape threats; and intimate image abuse. There are several areas where we need to consider interlocking offences, and that work will take time beyond this Bill to get right. As my right hon. Friend the Member for Romsey and Southampton North urged us, we are committed to adopting both recommendations of the Law Commission, and that is exactly the work that we intend to do in the months to come.

[Sara Britcliffe (Hyndburn) (Con)]

Does the Minister agree that it is important for Opposition Members to understand what Rape Crisis England & Wales has said, which is that:

“Rape prosecutions are already at an all-time low, and we believe adding sex/gender as a protected characteristic would further complicate the judicial process and make it even harder to secure convictions.”?

[Kit Malthouse]

My hon. Friend has put her finger on the button of the problem. It is not that we are unsympathetic to the issue—of course we are not. I just do not see how, given the views of large organisations and of the Law Commission, somebody could, with any conscience, vote for something that they are being told might be damaging. I understand that the hon. Member for Walthamstow is exercised by the issue—as are all hon. Members present—but we hope to address it in other ways and to look seriously at the further offence that my right hon. and learned Friend the Member for South Swindon has urged us to look at and bring it forward in future.