(9 months, 1 week ago)
Commons ChamberDuring my time as Home Secretary, we issued new guidance on non-hate crime incidents, and it supports many aspects of what we are talking about—not all, but some. We clarified the parameters for such non-hate crime incidents to protect minority groups, to protect the LGBT community, and to ensure that fairness and safety were applied by policing.
The next reason is that the scope of the Bill is incredibly wide, as the hon. Member for Kirkcaldy and Cowdenbeath said. The Bill does not require the defendant to intend any harm to be caused in order for their action to be criminal, which I find incredibly concerning. That will capture so many types of behaviour where there is an innocent or well-intentioned objective and where legitimate practices, whether in the religious, therapeutic or teaching field—or just being a regular parent—will be caught. That might be inadvertent, as we have discussed today, but some things will necessarily be caught by interpretations of some of the clauses.
I do not agree with much of what the right hon. and learned Member is saying. She must recognise that we do legislate in the House for things other than harms. For example, we legislate against false advertising. We legislate in other areas to say that people cannot do certain things, even if they do not cause direct harm to individuals, because it is for the social good of the fabric of our society that those things do not happen. Is not the point to say that, when explicit harm is caused, it is criminal and Home Secretaries should have put forward guidance for it to be prosecuted, and where it is not harmful but it is dangerous for our society, we should produce a threshold for that? Is that not the point of the Bill?
I agree with the hon. Gentleman to the extent that we have victimless crimes and we have legislation that provides for those kinds of offences, but the Bill runs the risk of causing harm through bad law. I will come on to the point about the potential harm caused by the proposed legislation. As I said, I seriously and strongly challenge the evidence base that the hon. Gentleman relies on to suggest that there is a definable problem that needs to be fixed in this country.
My next point is about the potential harm caused by this well-intentioned but misguided Bill. There would be a disproportionate impact on people of faith. The language of “predetermined purpose” would disproportionately catch people of faith. Many religions—most religions, I would argue—make many claims about the truth, based on a body of teaching to which followers must adhere. In traditional religions at least, any religious advice will be predetermined by that teaching, and that will be communicated to people. A priest, an imam, a rabbi or any leader in one of the major religions who attempts to pray for a member of their congregation who has presented to them with concerns or anxiety about these issues would be caught by the Bill. There would be a real chilling effect on expression of religion and freedom of religious belief.
It is clear in the exemptions that individual prayer is not caught by the Bill, but if Members feel that that is too thinly defined, we could thrash it out in Committee. Can the right hon. and learned Member tell me any mainstream religion whose religious texts say, “You must change your sexual orientation or your transgender identity”? I am not aware of any, so I do not understand why any religion would be caught by the Bill.
Order. Before the right hon. and learned Lady responds, I just want to point out that several other Members still wish to participate in the debate.
(1 year, 10 months ago)
Commons ChamberThe Carrick case will be looked at by Lady Angiolini, and hopefully the issues to which the hon. Lady referred will be fleshed out. I am interested in her point about the transfer of police officers. It has been identified that insufficient vetting is taking place when police officers move between forces; we need to take action to improve that.
This is another case in a long list of cases, and it is about not just misogyny but race and homophobia. When Sadiq Khan called in the then commissioner and asked her to produce a report about what she was going to do, rather than doing her work she walked out the door, and she had the backing of this Government, rather than their backing Sadiq Khan. Now that we know this is a systemic problem in the Metropolitan police and probably among police around the country, is it time that we moved disciplinary matters away from the police force concerned and allowed women and other victims to be able to report to an independent service when it is regarding a police officer, without fear or favour and without fear that it will be covered up?
It is important that we ensure that whatever disciplinary process is in place actually works. It is clear that there are serious questions about the efficacy of the process, the time it takes and the process-heavy experience, and that ultimately bureaucracy and procedure are prevailing over ethics and common sense. We need to ensure that the system is fit for purpose and that police officers who fall short in their behaviour are dismissed.
(4 years, 2 months ago)
Commons ChamberI speak frequently to Cabinet colleagues on various matters relating to Government business, including measures taken on covid. Everyone has made huge sacrifices this year to protect the NHS and save lives, and most people are still following the rules and doing their bit to control the virus, but we do need to act now to stop the virus spreading.
But does the Attorney General not agree that greater parliamentary scrutiny would prevent some of the wrong convictions and charges, and enable the police to better enforce the law?
The Coronavirus Act 2020 was put before Parliament and went through every stage that a Bill is expected to go through. Any regulations made under it are also subject to parliamentary approval. There is also a sunset provision in the Coronavirus Act, which means it will expire automatically after two years, if not extended. There is a parliamentary review every six months, which will give this Parliament the chance—for example, this coming Wednesday—to vote on a motion stating that the Act should not end.