Violence against Women and Girls

Stephen Doughty Excerpts

Thursday 14th February 2013 Commons Chamber

[Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)]

It is a pleasure to follow such a fine speech from the hon. Member for Brentford and Isleworth (Mary Macleod), and I also commend to others a reading of what the hon. Member for Totnes (Dr Wollaston) said earlier in her moving, sensible and informative speech.

Last year, I had the privilege of chairing the parliamentary inquiry into stalking law reform, which resulted in the creation of a new law a new law on stalking. I declare an interest, as I am a practising barrister, having practised for many years in the fields of crime and domestic violence. I have seen many lives ruined by domestic violence.

Early in 2011, I became aware of the limitations of the Protection from Harassment Act 1997, which eventually gave rise to the parliamentary inquiry. The panel drew its membership from both Houses of Parliament and from across the political spectrum. We considered the adequacy of the existing law and, over the course of six months, took written evidence and held five oral evidence sessions during which we sought the views of practitioners, legal experts, campaign groups and victims of stalking.

The panel concluded that the existing law was not fit for purpose and, in February last year, we published a report with recommendations on how legislation and practices should be improved. Within a month of our report’s publication, the Prime Minister announced that the Government would be implementing our main recommendations, and new clauses to that effect were passed by both Houses within a staggering 11 days. I only wish that changing the law were routinely so easy.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

The right hon. Gentleman has an honourable record on these issues. What does he think about the Welsh Government’s proposals to introduce a Bill on domestic abuse and violence against women? Does he agree that such a Bill would provide an opportunity to take concrete action on this issue?

[Mr Llwyd]

I am delighted to agree with the hon. Gentleman. I know that the Welsh Government are proactive on these issues, and I am delighted to hear that they are taking action, because this problem is as prevalent in Wales as anywhere else. I am grateful to him for making that point.

As of November last year, stalking is a named offence in the law of England and Wales. The new law is split into two sections, which have been added to the Protection from Harassment Act—namely, a section 2A offence, punishable by up to 51 weeks in prison or a fine, as well as the section 4A offence, which involves stalking that prompts fear of violence or serious alarm or distress. This latter offence is punishable by up to five years’ imprisonment or a fine, and is triable by either a Crown court or a magistrates court.

We felt that it was of utmost importance for the new law to take note of the fact that threats to the safety of those suffering stalking are not always physical. I do not want to enter into a debate about etymology, but I would argue that violence is not always physical. The “Oxford English Dictionary” defines violence as

“treatment or usage tending to cause bodily injury or forcibly interfering with personal freedom.”

It is in relation to that last part of the definition—forcibly interfering with personal freedom—that stalking can be considered an example of violence. Last year, the Association of Chief Police Officers also reviewed its definition of domestic abuse and, thankfully, it now takes account of controlling and coercive behaviour as well as of more immediate and obvious bodily harm.

Some forms of violence against women, such as stalking, are unfortunately more subtle than others, since they involve a pattern of behaviours which, taken alone, might seem innocent, but which take on a terrible significance when viewed over a period of time. Taken out of context, sending someone flowers or always being at the same events might not seem like threatening behaviour, but for a victim of stalking, every such incident can induce feelings of anxiety, panic and acute distress.

I would like to take this opportunity to pay tribute to the survivors of stalking, and their families, who gave evidence to our inquiry and also acted as ambassadors for our campaign. Tracey Morgan, Claire Waxman and Sam Taylor gave us an insight into the sheer horror that stalking can wreak on people’s lives. Tricia Bernal and Carol Faruqui spoke bravely about the murder of their daughters, Clare and Rana, by their stalkers. John and Penny, the parents of Jane Clough, also gave evidence to our inquiry. Jane was murdered by her former partner, but only after he had raped her on nine separate occasions. When the man who was to go on to murder her was charged with those nine counts of rape, and four counts of common assault, the court made the disastrous decision to grant him bail, during which time he followed Jane and killed her.

That is why we recommended that there should be a presumption that anybody charged with a serious violent or sexual offence should not be bailed except in the most exceptional circumstances. We also recommended that judges and magistrates should take account of previous offences as serious acts of aggravation. Raping, like stalking, is characteristic of obsessive behaviour that is likely to escalate if it is not stopped and treated. That is why it is essential that criminal justice professionals are made aware through mandatory training about the patterns of behaviour that make up these crimes.

This motion focuses on educating the generations to come about the realities of violence against women, so as to prevent it from happening in the future. That is to be applauded, of course, but we must also tackle the prevailing attitudes. In earlier debates, we highlighted the need for a domestic abuse, stalking and harassment risk assessment—or DASH—tool. I understand that the Association of Chief Police Officers has been running a trial in Hampshire for officers, but it is not sufficiently widespread.

I would welcome any information on how many individuals have been convicted under the new stalking offences. I would also welcome an update on the Government’s intentions in respect of improving victims’ advocacy. Some of the campaigners I met over the course of our inquiry have written to me expressing concern that not enough is being done. I know the Minister will pass these questions and concerns on to his colleagues. I repeat again that training must be rolled out for all police officers, to hammer home the message that the psychological impact of these crimes is considerable.

This law will be a step in the right direction towards ensuring that women are not subjected to violence without the perpetrators being punished. We must protect women and give them redress. This is urgently needed.