Misogyny as a Hate Crime

Victoria Atkins Excerpts

Wednesday 7th March 2018 Westminster Hall

[The Minister for Women (Victoria Atkins)]

I thank the hon. Member for Great Grimsby (Melanie Onn) for calling the debate, particularly as tomorrow we celebrate International Women’s Day, when I hope the House will have a long, thorough debate on the issues facing women—not just in this country, but across the world. One thing that, sadly, too few women across the world have is the right to participate in democratic processes. Today, we have seen how valuable the democratic processes of our country are. I hope very much that Back Benchers and those of us on the Front Benches do everything we can to safeguard the principles of democracy in this great country. [Interruption.] It appears that I am in stereo as well.

I am also feeling a little bit rebellious. Pretty much for the first time on Sunday, I went on a march—I am not a frequent participant: the March4Women. We were joined by up to 10,000 supporters, and we took over the streets, perhaps in a way that the hon. Member for Walthamstow (Stella Creasy) would have liked. It was an incredible experience to feel that energy and positivity, but sadly some of the women and men on the march also felt anger about some of the issues we have been discussing today. Against that backdrop, I congratulate the hon. Member for Great Grimsby on securing this debate, and other hon. Members on participating. I hope that this will lead to a continuation of such debates over the year—this year of all years.

The hon. Lady used one phrase that very much stuck in my mind: she described the abuse faced by girls and women in the street or workplace as “the wallpaper of their lives”. I hope that we will get to a stage—sooner, rather than later—when that is no longer the case. The Government are clear that any crimes that target women, whether sexual offences, domestic abuse, or any other forms of abuse, are completely unacceptable and out of step with where we are as a society in 2018.

Since 2010 the Government have done more than ever to tackle these crimes, pledging £100 million over four years to support our ending violence against women and girls strategy, and committing to publish a landmark draft domestic abuse Bill. I hope that Members will use their networks to ensure a good response to the consultation when it is launched, and I am sure some of these issues will be raised during it. We play a leading role in the world in our response to violence against women and girls. We have introduced new offences for coercive and controlling behaviour, stalking, forced marriage and female genital mutilation. We have banned revenge porn, and only last month the Sentencing Council announced increased sentences for domestic abuse, in recognition of the seriousness of such crimes.

Sadly, we know that women and girls face harassment and abuse all too often, and understandably people are calling for action. This involves not just women and girls, but men as well: I feel obliged to remind Members, in the heat of this issue and debate, that most men behave with decency, propriety and respect towards women. However, they are not the men we are worrying about in this debate, and today we want to focus on those who fall outside the majority and treat women in a disrespectful or abusive way.

[Melanie Onn]

I entirely support what the Minister is saying, and I feel strongly that men have a critical role in setting a positive example for young men who are growing up. I went running with my son, and someone in a van decided to beep as they drove past and shout something out of the window. My son was confused by that, and wanted to know what it was all about. I did not know where to start—I do not want to introduce the idea that such things are a common form of behaviour. The Minister is right in what she says, and I applaud her for setting it out so clearly.

[Victoria Atkins]

Indeed, and sometimes men can be the best feminists of all. My little boy is growing up thinking that of course women are Members of Parliament, and of course they are Prime Ministers, because that is what he understands at the moment. The value of men in this debate is important and we all have supportive male colleagues. If we are honest, none of us—or very few of us—could do the amazing job of representing our constituencies in the House of Commons without support networks. Those networks could be male, female or whatever, but we need people behind us—our family and friends—to support us in this role. Men have a vital role in this debate.

Let me turn to current hate crime provisions; if I may, I will be quite detailed in my response on the law because we must take this issue step by step. Currently, specific hate crime provisions, including aggravated and incitement offences, and aggravated sentence uplift, are for offences that target race, religion, sexual orientation, disability and transgender identity. Hate crimes are motivated by hostility or prejudice against a person on the basis of one or more of those five strands. It is a fundamental aspect of the legislation that those motivations can be proven to demonstrate the hate element, including where that leads to sentences being increased.

At the moment we have no clear evidence to show the extent to which the range of crimes committed against women and girls are specifically motivated by misogyny, which is defined as

“the dislike of, contempt for, or ingrained prejudice against women.”

The police pilots that have been mentioned in this debate are of great interest to the Government. As the hon. Member for Great Grimsby said, there are pilot areas across the country, including in Nottinghamshire, where it has been led by Sue Fish, the former chief constable of Nottinghamshire police. That approach has been used to help give women confidence to come forward to the police to report incidents, and to raise the priority of investigations and enhance support offered to women and girls. There has been positive early feedback from women and girls, and those who support them, which is why the National Police Chiefs’ Council is gathering more data on those local initiatives. We will ask the police to feed back on the results of any pilots such as that in Nottinghamshire in recording misogyny as a hate crime.

However, we must be careful about creating laws that would inadvertently conflict with principles of equality. My hon. Friend the Member for Shipley (Philip Davies) is no longer in his place, but he raised a point about misandry. Under the Equalities Act 2010, certainly in the workplace we must balance the issue of equality. For example, our laws on religious hate crime provide equal protection for people of all faiths and of none. Equality of protection is a crucial element of ensuring public support for hate crime legislation. In other words, if we were to have hate crime in relation to gender, we would have to think carefully about whether that would apply to the entire population or just to half of it.

[Melanie Onn]

Rather than considering the barriers, I strongly request that the route to overcoming potential obstacles requires the intent of securing misogyny as an extension to the categorisations as its ultimate aim. Although issues may present themselves, I am sure the Minister has flexed her intellectual muscles on more complex issues than this, and I hope she will apply similar rigour to achieving something that fundamentally could be really positive for our society.

[Victoria Atkins]

Very much so. I am setting out these points because one’s instinctive reaction might be, “Yeah, let’s go for it”. But we must be mindful of unintended and inadvertent consequences. I wonder whether hate crime legislation is definitively the best way to treat these crimes. Women are not a minority, and I would be hesitant to put us forward as one.

Perhaps I am a little more robust in the way that I would like this abuse and harassment to be treated. Within equalities legislation, it is being a minority covered by the five strands that causes something to fall under hate crime legislation. [Interruption.] I see that the hon. Member for Walthamstow is perched on her seat.

[Stella Creasy]

We must be very careful when we talk about being “robust”, because we are putting this back on to women and how they manage these experiences, rather than challenging the behaviour. The Minister says that this is about being a minority, but the disproportionate balance of power in our society means that one “minority”—men—have disproportionate power over women.

These incidents are about the abuse of that power, just as we see the abuse of people on the basis of their religious characteristics or ethnic identity. I do not think the Minister’s minority/majority point is robust enough to defend not looking at whether, if we were to categorise misogyny as a hate crime, that would recognise fully the protected characteristic that we are seeking to include.

[Victoria Atkins]

I am so glad that the hon. Lady clarified that. I was not for a moment suggesting that women themselves must be more robust in the way they deal with such things. That is not my intention. I am saying that we as a society should be more robust.

It comes down to attitudes—something that has been raised a great deal in the debate. I am treading carefully at the moment with respect to equalities legislation because, as far as inserting anything into the current hate crime provisions is concerned, there are legal wrangles that we have to consider. We want to ensure that any changes that we make in the law to reflect the abuse in question would not have any impact on the five protected strands—of religion, and so on.

[Melanie Onn]

I thank the Minister for being generous in taking interventions. Does her concern about including misogyny in the legislative framework call into question the existing extensions, and what police forces are doing?

[Victoria Atkins]

No. At the moment we do not have any clear evidence and, as I have said, we welcome the evidence from the pilot projects. However, the practical legislative steps are what we must put our mind to—as we are doing. I am flagging them up as issues that we shall have to settle one way or another.

For example, there are high rates of under-reporting of the existing five strands of hate crime. We would not want to remove the focus from them, because we want to encourage more people to report that they have been abused racially or because of their religion. Perhaps the best way I can sum up our position is to say that the Government are listening.

There have been calls from both sides of the Chamber for a change in attitudes. When I practised at the criminal Bar, I used to say that by the time things have got to court the harm has been done, and it would be much better if they did not happen in the first place. We all need to challenge the attitudes that normalise or excuse the abuse and harassment of women. We have had examples today of the abuse that colleagues have, sadly, faced in their professional lives. I commend their calling out those instances of abuse. Perhaps I may say that I constantly admire the hon. Member for Swansea East (Carolyn Harris) for the beautiful necklaces that she always wears, and I do not understand why anyone would feel they had reason to make any criticism about that.

The Government Equalities Office is taking forward a programme of work to identify and challenge harmful social norms, ensuring that men and boys are included in the conversation as well as women. We need to ensure that all children grow up understanding that we should all be treated with respect, and not abused on the basis of gender, race or religion, and so on. Working with the Advertising Association, we have provided teachers and parents with resources to improve primary school children’s resilience with respect to harmful gender stereotypes. In addition, following on from the successful “This is abuse” campaign—and it was successful in teaching people about what constitutes an abusive relationship and what should be normal and acceptable in a loving relationship—the Home Office and the Government Equalities Office have provided £3 million in the past year to develop and run a new “Disrespect NoBody” campaign, to tackle abuse within teenage relationships and encourage teens to rethink their views on violence, controlling behaviour and the meaning of consent in relationships.

Modern life can impinge on those matters as well, in the form of sexting and so on. We are also engaging with young people on questions of respect and equality to prevent such behaviour in the first place. That is why we have committed to making relationships education mandatory in all primary schools, and relationships and sex education mandatory in all primary schools from September next year.

[Stella Creasy]

I completely agree about the importance of getting sex and relationships education into every school. It is age-appropriate and sensitively done, so does the Minister share my concern that parental withdrawal might undermine the principle of giving every young person the best start in life and the best values about how we should treat each other?

[Victoria Atkins]

I must admit I am naturally cautious about the state interfering—or rather, because “interfering” is too pejorative a term, about the reach of the state into family life. Of course it is justified on occasion, but at the moment I do not have enough evidence to suggest that the rate of withdrawal would be very high; we simply do not know at the moment. Also, we should try to take parents with us. There is a lack of understanding about the education intended for primary school children about relationships and respect. We need to explain that more, so that when children start to receive that education people understand the boundaries of what their seven, eight or nine-year-old will hear in school. I would naturally just pause before setting out such legislation to make it mandatory, before we have evidence about how many families are going to withdraw.

To move on to the legal framework, there are of course criminal laws that prohibit sexual harassment, assault and rape. They include the Protection from Harassment Act 1997, which could cover sexual harassment, as well as the Sexual Offences Act 2003 and the Public Order Act 1986. We want women to know that those protections are there for them in law. It is also vital that when women and girls report their experiences they feel that they are treated with dignity and respect. We have recognised in our violence against women and girls strategy the gendered nature of crimes such as domestic abuse, sexual violence, so-called honour-based violence and stalking. As I have said, we have committed more than £100 million over this spending review period for critical services for victims of those crimes. We are committed to ensuring that victims of sexual assault have access to the specialist support that they need. We are also ensuring that the police and Crown Prosecution Service use the powers that they have to charge and prosecute for the abhorrent practice of upskirting. We are reviewing those powers to ensure that they are still fit for purpose.

Laws need to keep pace with modern life—and upskirting is, indeed, an example of that. We are determined that the internet should not be a safe place for those who carry out threatening or abusive behaviour online, whoever is being targeted. The Government are clear that what is illegal offline is illegal online.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Minister is being generous in giving way. I apologise for not being here earlier, as I was in Committee. She will be aware of Amnesty International’s research into abuse of female MPs, which was published last year when I, along with the Home Secretary and the shadow Home Secretary, were listed among the most abused UK female MPs. A lot of that abuse is misogynistic. What are the Government doing to address the abuse that is directed towards female MPs? We all know that the shadow Home Secretary gets by far the worst of it, but as the second most abused female MP in the UK I find the degree of homophobia, misogyny and anti-Catholic abuse that I must tolerate online quite shocking.

[Victoria Atkins]

That is disgraceful to hear. It comes to something, does it not, when colleagues have a league table of the people who receive the most abuse? It is a sorry sign, and the Prime Minister is absolutely committed to tackling the problem. The hon. and learned Lady may recall that on the day of the centenary of women’s suffrage, the Prime Minister announced that we have commissioned the Law Commission to launch a review of the current legislation on offensive online communications to ensure that laws are up to date with technology. We have tackled the question of the treatment of women in public life—it is not just women Members in this place; we know that women who have any sort of high profile, whether through business, television or whatever, sadly get their share of abuse.

I was rather surprised when I gave an interview on that day and the person interviewing me asked me why I was not on Twitter. I said, very matter-of-factly, “I came off it because I got fed up with the abuse.” I thought no more of it; I did it quite some time ago. That seemed to attract attention. The reason I raise it is that I would like to emphasise to anyone who may be thinking of standing for public life that they do not have to be on Twitter if they do not want to be. If they want to be, fine, but equally it is not mandatory to be on Twitter if they do not want that side of things. There are other social media platforms, all of which I am sure everyone is very aware of.

[Joanna Cherry]

I take the Minister’s point that nobody has to be on Twitter, but does she agree with me that women in all walks of life should not feel forced off Twitter because they are abused simply for having the effrontery to hold a view and to articulate it?

[Victoria Atkins]

I would not describe myself as feeling forced to leave Twitter; I just took the decision. That is the point I am trying to get across. We are all trying, on a cross-party basis, to attract more women into politics. There is a great campaign called 50:50 Parliament, which is encouraging more women to stand, not just in national Parliament but in local councils and so on. I am just saying that there are many ways of doing this job, and it is one’s own choice.

[Mhairi Black]

I completely appreciate the point the Minister is making, and I have done the same thing; I have been on Twitter and said, “Oh, I can’t be bothered with that,” and I have put my phone away and not looked at it for a couple of weeks. That is fine, but the reality is that all the views are still there, whether or not I am online and looking at them. Whether or not we use Twitter, the vast majority of the public do. As long as they are in a sphere where that kind of stuff is acceptable and completely without consequences, our coming off Twitter does not solve anything.

[Victoria Atkins]

Of course. Social media and the tech companies are coming under a lot of attention at the moment for the way in which they are reacting not just to abuse online, but to the fact that criminals are using social media networks for horrific crimes such as child sexual exploitation and terrorist offences. As I see it, if we are not on the cusp of revolution, it feels as though we are perhaps beginning the beginning of the cusp of a revolution, in that we have got to a stage where we expect more from the people who run those great big companies and have such a sway over our day-to-day lives.

[Mhairi Black]

Is that not where Government step in and we lead by example? If we are able to say to the tech companies that we think they should be doing more to clamp down on such views, and if we, as the leaders of society, are looking at this cultural and structural problem and seeing that our society is poisoned with this stuff just now, it is on us to do something about it. It is not just for the Twitter and Facebook giants; it is on us.

[Victoria Atkins]

The hon. Lady will know that the Government are taking the issue seriously, particularly in the areas of counter-terrorism and the sexual exploitation not just of children, but of women. We are taking it very seriously. Indeed, I was at a conference of the global partnership to end violence against children last month in Sweden. I was there to explain what the United Kingdom is doing to support the WePROTECT global alliance. That is an extraordinary, groundbreaking global alliance of Governments to tackle online child sexual exploitation; as we know, there are no geographical boundaries to it. I think I am right in saying that we are the highest contributor to the scheme, with £50 million, and we are doing some groundbreaking stuff on programmes that are creeping through the net and getting to the sites that are sharing the most appalling images.

[Angela Crawley (Lanark and Hamilton East) (SNP)]

Will the Minister give way?

[Victoria Atkins]

Will the hon. Lady forgive me? I am conscious that the hon. Member for Great Grimsby will want to respond, and I have two more pages, which may take me a couple of minutes.

On the issue of the internet, we have also published the internet safety strategy Green Paper to look at ways of tackling online abuse and harassment where they fall short of a criminal offence, such as, in some cases, trolling. That includes a commitment to introduce a voluntary social media code of practice. In addition, since 2015 we have introduced strong legislation to address revenge pornography—another way in which women can be humiliated online and have their lives affected by relationships that have since ended—and the helpline we funded has received more than 6,000 calls since 2015.

I thank the hon. Member for Great Grimsby for calling this debate. I will end on a positive note: this is the centenary of women’s suffrage, and I have promised friends and family that by the end of the year they will be thoroughly fed up with me using the phrase “Ask her to stand”. We have seen today in the Chamber the impact that women standing up and speaking on issues that matter to them and to their constituents can have. I am sure I am not alone in hoping that through this debate and our cross-party activities this year, we will encourage more women to stand not just for the House of Commons but for local government, local councils and devolved Assemblies and Parliaments. If more women stand for elected office to talk about and campaign on issues that they care about, they will make a difference. I will end with my hashtag, #askhertostand.