Voyeurism (Offences) (No. 2) Bill

John Bercow Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 5th September 2018 Commons Chamber

[Sir Christopher Chope]

I agree with the potential deterrent role that legislation can have, but I would use a different analogy. There is a general law against driving without due care and attention, but due to the incidence of and public concern about people driving while using mobile phones, which was and is, strictly speaking, an offence under the law against driving without due care and attention, Parliament decided to introduce a specific offence, effectively replacing the previous one. The hon. Lady will know that, sadly, that specific offence has not actually had the deterrent effect for which many people had hoped, and that large numbers of people are still offending.

Taking that analogy and looking at the specific offence contained within the Bill, amendments to which we are seeking to discuss, if the general common law under which a lot of upskirting activity is prosecuted at the moment is replaced with a specific statutory law, prosecutions will come under the specific law, rather than under the general common law, which, as Lord Pannick has said, is vague and ambiguous in many respects. If the consequence of the Bill is that all offences of upskirting are then brought within its ambit and prosecuted on that basis, that will be great and I am all in favour of it.

However, if we are going to do that, we should not constrain those offences by saying that they can be proved only if a motive is also proved. As my right hon. Friend the Member for Basingstoke asked, why is not the mere fact that somebody takes a photograph without the consent of the “victim” an offence in itself? Why do we have to limit the offence in the way that this Bill does?

[Mr Speaker]

Order. I have been listening patiently and most attentively to the hon. Gentleman, who has offered the House a procedural disquisition and some remarks that touch on what might be called the theology of the Bill, which is of considerable interest to the House. He also animadverted to a number of the Bill’s explanatory notes, but if he felt able to proceed fairly promptly to the amendments, which relate specifically to guidance, purposes, aggravating factors, and notification under the Sexual Offences Act 2003, he would be beautifully in order.

[Sir Christopher Chope]

I am most grateful to you, as ever, Mr Speaker, for your guidance on such matters. Turning specifically to my right hon. Friend’s amendment 1, it would remove from the Bill any requirement to prove a motive. It seems to me that the activity itself should be criminal and should not need to have a motive ascribed to it. As soon as a motive has to be established, it makes it much more difficult for the prosecuting authorities. It makes it so easy for members of Her Majesty’s constabulary to say, “Well, there was no motive.” Why do we need a motive in respect of an offence that outrages public decency? No one has written to me saying that they think upskirting is a reasonable activity in which to participate. I very much hope the Government will accept amendment 1, tabled by my right hon. Friend.