Upskirting

Wera Hobhouse Excerpts

Monday 18th June 2018 Commons Chamber

[Wera Hobhouse (Bath) (LD)]

(Urgent Question): To ask the Secretary of State for Justice if he will make a statement on the Government plan to legislate on making upskirting a specific sexual offence.

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

I am very pleased to have this opportunity to respond to the urgent question asked by the hon. Member for Bath (Wera Hobhouse) because she and Gina Martin have campaigned tirelessly for upskirting to become a criminal offence. I am delighted to have met both of them on a number of occasions to discuss how we can progress this important legislation, and to have worked with them to support the hon. Lady’s private Member’s Bill—the Voyeurism (Offences) Bill. I welcome Gina Martin to the House today. We will continue to build on their efforts to ensure that this activity becomes a criminal offence because upskirting is an invasion of privacy, and a humiliating and distressing experience. The Lord Chancellor and I were disappointed when the private Member’s Bill did not make progress on Friday.

Although there are existing offences that can be used to punish upskirting in some circumstances, there is a gap in the law. The offences of outraging public decency or voyeurism may be used to capture upskirting. However, the public order offence is limited, as the offence needs to take place in a public place and two people need to be present. Conversely, the voyeurism offence needs to be a private act and must take place in a place where one would expect privacy. There may be activities, such as photographs taken in schools, that are not caught by either provision. This law will close that loophole, and ensure there is no doubt that this activity is criminal and will not be tolerated. For the most serious sexual offences, we will ensure that the offender is also placed on the sex offenders register.

Upskirting is an invasion of privacy that leaves victims feeling humiliated, so we will bring legislation before the House in Government time to ensure that this practice becomes an offence. We will introduce the Bill in the House of Commons on Thursday, with a Second Reading before the recess. The leadership of the hon. Member for Bath and the outstanding campaign of Gina Martin have shown how it is possible for individuals to make a difference. I am looking forward to working with colleagues from across the House to progress this matter and make upskirting an offence.

[Wera Hobhouse]

I thank the Minister for her response and for the fantastic teamwork on this issue so far. Does she share my appreciation of the Prime Minister saying on “The Andrew Marr Show” yesterday that the practice of upskirting is “invasive”, “degrading” and “offensive”, and that she will take the Bill that was blocked and put it through in Government time? Will the Minister join me in congratulating Gina Martin and her lawyer, Ryan Whelan, on their fantastic work in bringing the issue to the point we have reached today?

My Bill remains on the books and will be reached again on Friday 6 July. Will the Minister provide me with a full timetable of the Government’s planned programme for their proposed Bill? The Bill must, of course, travel through the Commons and the Lords to become law. If the Government do not introduce the legislation until the end of July, the changes will not be in place soon enough for the summer and further potential victims will be left vulnerable to this vile practice.

It is a shame that we have to be here today because of the objection of the hon. Member for Christchurch (Sir Christopher Chope) to the Bill on Friday. The private Member’s Bill system must be modernised, but that is a matter for a different day. The Government must bring about this important change to the law, making upskirting a specific offence as soon as possible. Will they ensure that the Bill has the full support of all their Members?

[Lucy Frazer]

I thank the hon. Lady for her comments and I agree with the Prime Minister that upskirting should be an offence and should be prosecuted; having spoken to Gina, I understand the humiliation it causes. Our priority is that it should become an offence as soon as possible. We will introduce the Bill on Thursday. I understand that it has considerable support across the House, and I welcome that cross-party support.