Protection from Sex-based Harassment in Public Bill

Debate between Stella Creasy and Sarah Dines

Committee stage
Wednesday 22nd February 2023 Public Bill Committees

[Miss Dines]

To be able to get forward to the next step of the offence, the prosecution must always prove intent, so we would not get to the statutory defences until we have dealt with intent, and intent depends on the circumstances. I think we all know that it is all quite obvious, although I and the Government are willing to look at a better form of wording. I appreciate that my right hon. Friend feels passionately about this issue, and it is something that will be considered very carefully.

[Stella Creasy]

I thank the Minister for her time looking at this, because I have spent many hours doing so. I pay tribute to the Clerks, who were incredibly patient as we worked through the almost circular logic of when intent comes into this offence, partly because it is not a new offence; it is a kind of offence-plus, which is where some of the challenges about the decision on intent could be.

With the Government’s support on Report, we could learn lessons from other protections from harassment and other harassment legislation about the reasonableness test and where it comes in. I know that that would get support from the Opposition and the Minister’s colleagues, and it could clarify the point at which a defendant could claim reasonableness. That may be the way to do it, in the same way that this offence-plus also brings in the concept of discounting whether sexual gratification was part of the process. There will clearly be a point at which somebody decides whether it is a 4A or 4B offence, and that seems to be the point at which we could be clearer about the intent and whether somebody reasonable would know about it. We could put that in the Bill to give directions to judges and magistrates about how to interpret “reasonableness”, which is what I think we are all looking to get to. I hope that that is a helpful intervention to clarify where I think there is space to marry the two different types of legislation together.

[Miss Dines]

The hon. Lady makes very interesting points, and I know she is particularly interested in intent. It is right that we need to prove intent as part of the offence. I would question how much of a barrier this is in relation to the sorts of behaviour that the Bill is intended to address. I remind right hon. and hon. Members that the explanatory notes suggest five examples of behaviour that the Bill would cover, and I know the hon. Lady will be very aware of them. They are:

“(a) following a person (for example, deliberately walking closely behind someone as they walk home at night);

(b) making an obscene or aggressive comment towards a person;

(c) making an obscene or offensive gesture towards a person;

(d) obstructing a person making a journey; and

(e) driving or riding a vehicle slowly near to a person making a journey.”

I ask right hon. and hon. Members whether it can be plausibly claimed that a person carrying out that sort of behaviour does not actually intend to cause harassment, alarm or distress. It is not benign behaviour; it is almost as if that behaviour speaks for itself.

[Miss Dines]

I am grateful for that intervention. Of course, there are lots of different types of offences, and the circumstances that are explained are normally—I will not say “more serious”, because all these offences are serious—higher-level punishment serious offences. The Government have worked very hard in this area with the non-death strangulation measures that have been brought forward, and we seek the Labour party’s support for those sorts of measures. To some extent I agree with the hon. Lady, and to some extent I do not. For every matter that comes before the courts, it depends on the circumstances of the case. But things do evolve, and I accept that point.

[Stella Creasy]

Will the Minister give way?

[Miss Dines]

May I make a little progress? Things do evolve. Perhaps some people in the 1970s would have thought that following somebody closely in a car to pay them a compliment was acceptable. We now know that it is totally unacceptable; things evolve. Quite rightly, we know that such behaviour is certainly not benign. The climate is thankfully very different now and there is much greater awareness, but there is always more to do. If it can be plausibly claimed that somebody who does that was doing it without intent, we would have to get to the reasonableness defence.

--- Later in debate ---

[Miss Dines]

I thank the hon. Member for that intervention. My question is whether it could be plausibly claimed that such behaviour is not intended. I do not doubt that some defendants will try to claim that they had no malign intent when they walked closely behind someone at night, for example—defendants will try anything—but it would not be plausible, and I do not believe it would succeed.

There may be some other types of behaviour where intention to harass is harder to prove. I am reluctant to say that they are less serious, because all public sexual harassment behaviour is serious, but we are talking about relative degrees of severity. Perhaps an example is a wolf whistle in a crowded place in broad daylight, at some distance from a victim. Let me stress immediately that such behaviour is very far from okay. It is demeaning and objectifying to the woman, and has no place in our society, but it is perhaps the type of behaviour where non-criminal responses are more appropriate. I remind hon. Members of our Enough campaign, which doubtless they have seen. An intention test can usefully differentiate behaviour where the criminal justice path is the right one from behaviour where societal interventions are more appropriate.

[Stella Creasy]

The Minister is being very generous in giving way. A few years ago, when I left Parliament late at night and I walked up the steps to go to the underground, a young man—I was probably old enough to be his mother—walked up behind me, and slid his arms around my neck and then slowly round my breasts. He was trying to persuade me that I wanted to go to the Red Lion pub with him. I was very clear that that was not acceptable and I was not going to go. He followed me all the way down the street and I had to be quite physical to get him off me.

In that instance, he believed his intent was to charm and seduce me. He thought that that was an acceptable way to approach somebody. The difficulty with this legislation as it is currently constructed is that he could say in court, “My behaviour was reasonable—I thought it was reasonable.” In other forms of harassment legislation, that concept of reasonableness could be tested by whether anybody else would think it reasonable, but that would not come into play here, because of this difference in how we define what harassment is in different pieces of legislation. This is not about whether we could prove intent per se; it is the gap between how we define harassment in other forms of legislation as opposed to under public order offences, because they are about the first time somebody has contact with somebody.

I know the Minister said she and the officials will look at this. I hope they will. I hope we can clarify that it is not about whether something is serious and it is not about whether someone has intent; it is specifically about this concept of who decides whether behaviour is reasonable, so someone can mount a reasonableness defence. I am sure that young man would argue until he was blue in the face that I just could not take a compliment. That was not a compliment. It was harassment. It was intimidating and it was scary, and it is exactly the sort of behaviour the Bill is designed to capture—but he would have that defence unless we close the loophole. That is what we are getting at.

[Miss Dines]

I respectfully suggest that that stark example supports my position—that it would be so obvious what he was doing, and what he intended, that the defence would very easily be wiped away. But we need to keep that defence for the one or two circumstances where it should be reasonably argued.

Protection from Sex-based Harassment in Public Bill

Debate between Stella Creasy and Sarah Dines

2nd reading
Friday 9th December 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Miss Sarah Dines)]

I rise with some trepidation, as this is my first debate of this sort in this role, but what a pleasure it is to do so with what I hope will be cross-Chamber and cross-party agreement on this serious issue. I thank all right hon. and hon. Members for being here on a Friday to discuss this serious Bill. In particular, I thank and pay tribute to my right hon. Friend the Member for Tunbridge Wells (Greg Clark). Members who are here will have heard the real passion and conviction with which he presented his arguments in introducing the Bill. That interest has been inspired by not only his own deep-felt thoughts of what is right, but by hearing individual accounts from constituents, including women who are here today. I am grateful to him for his dedication. One thing I can say is that society is changing for the good in this space, and this Bill will make things better. Things such as intentional kerb-crawling are not going to be acceptable.

I also wish to thank the other Members who will be speaking today and the hon. Member for Walthamstow (Stella Creasy), who has already spoken. I know that many have campaigned compassionately and passionately for a long time to introduce this legislation, and I would mention Members who are not here but who have been working hard on this issue, such as the right hon. and learned Member for Camberwell and Peckham (Ms Harman). Of course, we will be hearing from many other Members shortly.

I pay tribute, too, to the many charities that have worked assiduously for change, such as Plan International UK and Our Streets Now. My ministerial predecessors and I have been in receipt of many letters from hon. Members on behalf of constituents who support the campaign. I know that the efforts of Our Streets Now, in particular, are inspired by the real world experiences of its two founders and of many other young women.

Public sexual harassment is a terrible crime and, as we all know, it is far too widespread. Recent Office for National Statistics data, based on a survey carried out in January, February and March this year, found that one in two women and, indeed, one in six men felt unsafe walking alone after dark in a quiet street near their home. It is important to state that this legislation is not in any way to be construed as being anti-men, anti-women or anti-anyone. This is pro safety and pro people. It is to protect people who might be targeted because of their sex. We know that, by and large, it is women, but it is also boys and men. This is to protect us all.

I am sure that colleagues from all parts of the House will agree when I say that the ONS data contains shocking findings. Public sexual harassment is not only harmful, but totally unacceptable. Why should a woman, or a young man, have to let their friends know which route they will take home and what time they intend to arrive? Why should a woman have to hold her keys in her fist? It is the most basic responsibility of Government to keep our public places safe. Everyone should be able to walk our streets without fear of violence or harassment. Women, and of course men too, should feel confident, safe and secure when they are out and about in our cities, towns and villages.

There has been much discussion generally about non-legislative actions. These matters are, clearly, of the utmost importance and they are being treated as such by the Government. I am really proud of the many actions that we have taken. For example, we have awarded £125 million through the safer streets and safety of women at night funds to help women and girls feel safer in public places and to make the streets safer for all, whether through additional patrols, extra lighting or more CCTV. I know that the figures and sums of money that we cite seem rather abstract, so let me bring them to life with one example. From the safety of women at night fund, we funded West Yorkshire Combined Authority to launch a train safety campaign to promote access to an online link with safety information for public transport users, such as bus tracking. This means that there is no longer a need for someone unnecessarily to stand at a bus stop alone waiting for a delayed bus. That is just one of many examples of how money can help in this area, rather than just giving a nod to what ought to be.

[Stella Creasy]

Anybody who lives in London and has to wait for buses that never seem to show up would welcome that, but it is also important to say that it is not the case that, if somebody was at a bus stop that did not have any lighting, or if they went somewhere that was still dark, they are somehow culpable for these crimes. The funding that the Minister has mentioned should be about making sure that everybody is safe. Women in particular should not face any challenge that they went somewhere that was not on the list of places where there was the lighting, for example.

[Miss Dines]

That is, of course, part of the change that we all want to see. As with most Government strategy now, we will be looking in the future at the perpetrators, not the victims. That is a move forward. Although the hon. Lady’s intervention re-echoes what she said a little earlier, I just want to remind the House that there are a number of great initiatives under way. Just yesterday, I had the opportunity to meet Deputy Chief Constable Maggie Blyth, who, as we know, is the national police lead for violence against women and girls. The Government has confirmed, with, I hope, the support of all parties in the House, that we are adding violence against women and girls to the strategic policing requirement. This is that huge shift from victims to perpetrators, which is only right.

Let me provide some other examples of where money is effectively and properly being targeted on these issues. Our safer streets tool is allowing people to pinpoint on a map places where they felt unsafe. This really helps. We all know how digital innovations can make things far easier and far more focused. More than 23,000 reports have been made using that tool. That is empirical evidence. We very much need to base our legislation on the evidence—not on window dressing or what is thought to work, but on what actually does work. This Government, with Opposition assistance, are moving in the right direction.

In addition to what we are instigating, the College of Policing and the CPS have published new guidance for officers and prosecutors on how to respond to reports of public sexual harassment. I know that Members are concerned about enforceability and getting convictions and the right evidence. We are doing that.

Finally for the moment, I ask everyone to look at the Enough campaign, which has been funded and stretched out over the past few months. This communications campaign is giving bystanders—because we are all in this together, and our focus should not just be on particular people experiencing alarm and distress—the confidence to safely intervene when they see harmful behaviour. It is empowering victims and getting to the root of the perpetrator’s behaviour. We all know that it can start young and then gain in momentum.