Violence Against Women and Girls: Sentencing

Wera Hobhouse Excerpts

Wednesday 1st February 2023 Westminster Hall

[Cherilyn Mackrory]

My hon. Friend, who has a wealth of experience on these matters, is absolutely right. That is why this is such an important debate. Although the title is “Violence Against Women and Girls”, the violence affects all children who witness it or are subjected to it.

[Wera Hobhouse (Bath) (LD)]

I congratulate the hon. Member on securing this important debate. She is absolutely right that the violence is corrosive, because it leads to childhood trauma, and from that childhood trauma comes the next generation of violence. Does she agree that we need much better trauma-informed services across the board?

[Cherilyn Mackrory]

I agree, and later in my speech I come on to educating boys and girls on breaking the cycle of violence. The hon. Lady is right that we need to ensure that we manage their trauma to get them to that point. In the last year, 34,408 violent offences were recorded in my police area of Devon and Cornwall, which is about 3,500 more crimes than in the year before the pandemic. That is consistent with national trends, which show that 2.1 million violent crimes were recorded by the police in England and Wales—up more than 20% on pre-pandemic levels. Around 2.4 million people in England and Wales experienced domestic abuse in 2022, and around one in five homicides was related to domestic abuse. There were 1,765 convictions in the year to June 2022, up a third from the year before. Convictions are up by 23%.

The language that we use in this place should ensure two things. First, victims of violent crime and abuse must be assured that the police, courts and society as a whole are on their side. That means stopping the dangerous language suggesting that this Government have somehow decriminalised rape. I am generally not the most political of my colleagues, and I like to work collaboratively across the House wherever I can, but when I hear those claims and similar accusations from Members at the Opposition Dispatch Box, as I have done several times in the last few months, my heart sinks. We need to encourage more women to come forward, and to have faith in the authorities. If I were to make a plea to the Opposition, it would be to cease using that language. Those claims embolden perpetrators, and I am certain that the Opposition do not intend that outcome when they say those things.

We also need to encourage and properly resource the good practice that has been shown to work around the country, so that arrests can be made quickly, and so that conviction and sentencing is based on clear evidence that is gathered swiftly, with as little further distress to victims as possible. If there is to be an effective deterrent for perpetrators, the outcome has to be that victims are encouraged and nurtured when they come forward, and that convictions are swift.

In June 2022, Devon and Cornwall police published its violence against women and girls delivery plan, which has been developed in consultation with stakeholders. It is focused on building trust and confidence, relentless perpetrator pursuit and creating safer spaces in public, online and at home. Operation Soteria Bluestone, an approach pioneered by Avon and Somerset police, our neighbouring force, is now being rolled out in our force area. It aims to bring together criminal justice agencies and academics in order to deliver a more victim-focused and responsive approach, based on six key pillars of action.

Ahead of the introduction of Soteria Bluestone, Devon and Cornwall police launched Operation Gemstone in Plymouth. The six-month pilot is based on the findings of Soteria Bluestone, and provides four specialist investigative teams focused on rape and serious sexual offences in the city. Specialist teams have received bespoke additional training, benefited from improved supervision, and had enhanced engagement with the Crown Prosecution Service and partners, including independent sexual violence advocates, to address domestic abuse perpetrators’ behaviours.

Devon and Cornwall secured £417,000 in funding from the Home Office for 2022-23 to support projects across the peninsula. These projects involve working with people who cause harm to address their offending behaviours and prevent future victimisation. The funding also enables community safety partnerships to deliver behaviour change programmes, which ensure that those who cause harm can access vital support for mental health issues, drug and alcohol addiction and so on. Often financial stress is a factor as well.

Our area has also recruited a new domestic abuse behaviour change strategic lead to deliver an 18-month project developing a new partnership strategy. That brings together partners to collaborate on improving the peninsula-wide approach to working with people who cause harm by domestic abuse, and to prevent sexual offending. We commission two services that work with sexual offence perpetrators.

The South West Community Chaplaincy also works with sex offenders who no longer pose a harm according to the probation service. The chaplaincy provides a mentoring service that helps practically as well as with the behavioural challenges of individuals, who are referred directly by Devon and Cornwall police. 

Measures to increase physical safety in public spaces are important to combat the issue. That includes the £5 million safety of women at night fund, in addition to the safer streets fund, which focuses on the prevention of violence against women and girls in public spaces at night, including in the night-time economy. A new online tool, StreetSafe, provides women with a way to anonymously pinpoint areas where they have felt unsafe and to state why they felt unsafe there. It could be because of the lack of closed-circuit television or lighting, or because of the people they found around them. More than 15,000 reports have been submitted so far.

The Government have introduced a new national police lead on violence against women and girls; I suspect that the Minister will tell us more about that. The lead will be the point of contact for every police force, so that best practice is shared around the country. Following the end-to-end review of how the criminal justice system responds to rape, the Government announced an ambitious action plan to increase the number of rape cases that reach court without compromising defendants’ right to a fair trial. It includes plans for better data extraction technology that will, for example, reduce the time that victims spend without their phones; the aim is for the police to return devices within 24 hours. Too often, victims feel that they are being investigated and do not feel supported.

A new approach to investigations will be established that places greater emphasis on understanding the suspect’s behaviour, rather than placing undue focus on the victim’s credibility. More rape victims will not need to attend their trial; instead, a cross-examination video can be recorded earlier in the process, away from the courtroom. That is key, as it will mean that the victim’s ordeal—physically, at least—is now over, and she no longer has to dread a courtroom appearance with an alleged perpetrator.

Over £170 million has been invested in victim services that provide more specialist help, such as rape support centres. That includes £27 million of national investment over two years to recruit more independent sexual violence advisers and independent domestic abuse advisers to ensure victims can access support. We need to ensure that the people offering that support are specialised and experienced, so that the victims get the right help; if they do not, it can take a lot longer for victims to recover emotionally from the trauma they have faced.

The Domestic Abuse Act 2021 introduced measures to boost protections for survivors and clamp down on perpetrators. The Police, Crime, Sentencing and Courts Act 2022 ended the automatic halfway release of prisoners sentenced for serious crimes. That includes rapists on standard sentences of four years or more. They will be required to spend longer in custody. The Domestic Abuse Act 2021 also creates a legal definition of domestic abuse. It clarifies that abuse can be not only sexual or physical, but financial, verbal or emotional, and, critically, that it is about patterns of abuse over time. Children are recognised as victims, as they also witness the abuse, as my hon. Friend the Member for Maidstone and The Weald (Mrs Grant) said.

The definition of “controlling or coercive behaviour” has been extended to include abuse where perpetrators and victims no longer live together. We must remember that it was only in the 1990s that rape within marriage was made illegal. We are still on this journey, and we need to accelerate, because although we are doing a good job, the issue is so multifaceted that it will take a long time to get there.

The Government have introduced changes that will allow victims of domestic abuse more time to report incidents of assault or battery. Previously, prosecutions had to commence within six months of the offence. That requirement has changed to six months from the date the incident was reported, with a time limit of two years to bring a prosecution.

Sentencing must remain independent of the Government. However, this Government have ensured that the criminal justice system has the tools necessary to deal with offenders appropriately. The number of custodial sentences has been going up since 2018. The Government have increased the maximum penalties for stalking and harassment—we have a new offence of stalking—and we have ended the early release of violent and sexual offenders from prison. Sentencing is a vital part of the solution. We will seek to transform the whole of society’s response to prevent offending, support victims and pursue perpetrators, as well as strengthen the systems and processes needed to deliver our goals.

As part of their implementation of the violence against women and girls strategy, Devon and Cornwall police have launched their part of the national communications campaign, Enough. The second wave of the campaign started in October 2022. It focuses on a range of safe ways for a bystander to intervene if they witness violence against women and girls, helps to tackle barriers to intervening, and ensures prompt action. Also, across England and Wales, £55 million has been allocated to communities through the safer streets fund. Projects—some in Truro and Falmouth—include the education of night-time economy workers, extra closed-circuit television, and street lighting. All that helps us to change societal behaviours, so that no one thinks that violence is acceptable, people are given the confidence to go out at night, and victims have greater confidence to come forward.

[Wera Hobhouse]

The hon. Lady points out that it is important that women feel safe when they go out at night. An appalling thing that happens time and again—we are trying to do something about it in Parliament—is spiking. Will she join me in condemning spiking as one of the vilest forms of violence against women and girls?

[Cherilyn Mackrory]

The hon. Lady is again absolutely spot on. We have issues with that, particularly in Falmouth, where we have a big student population, as she does in Bath. It takes a lot of agencies to come together to get on top of spiking. She is absolutely right to ensure that it is part of this debate.

Those who commit certain offences with a maximum penalty of life imprisonment, including rape, manslaughter and grievous bodily harm with intent, and who are sentenced to a standard determinate sentence of more than four years’ imprisonment are now required to serve two thirds of the sentence in prison before automatic release, instead of half. That is an improvement, but colleagues across the House will agree, having heard me say “four years”, that we should be going for a longer sentence when someone has, in effect, ruined a person’s life.

I support the appointment of a National Police Chiefs Council lead for violence against women and girls to drive a better policing response. It has been announced that we will add violence against women and girls to the strategic policing requirement, meaning that it will be set out as a national threat for forces to respond to alongside other threats such as terrorism, serious and organised crime, and child sexual abuse.

There are a lot of measures there, which are welcome, but a lot more needs to be done. Thirty-five per cent. of violent crimes are alcohol-related. We need to tackle that with more alcohol addiction programmes that target the behaviours that lead to violence, and pre-empt those behaviours at an earlier age. The education of boys—and girls, actually—at an appropriate age is a way to try to change inherited behaviours. We need to get better at that.

--- Later in debate ---

[Wera Hobhouse (Bath) (LD)]

It is a pleasure to serve with you in the Chair, Mr Robertson. I congratulate the hon. Member for Truro and Falmouth (Cherilyn Mackrory) on securing this debate and leading it in such a comprehensive way. It is a complicated and difficult issue. It is as old as the ages, and this is the time when we should change it. I am pleased there is cross-party consensus that we need to do more and better, but hopefully we are getting on to the right path to tackle this insidious and awful situation that still continues.

According to Rape Crisis, five in six women who are raped do not report it. Charging and conviction rates are among the lowest ever recorded. In my local authority of Bath and North East Somerset, police have logged a record number of sexual offences. However, the justice system is failing women and girls in this country. It is a well-known national scandal that only 3% of rape cases have led to charges against the perpetrator. If we are to improve sentencing outcomes, we need to improve conviction rates.

Female victims of violence are put under a microscope. They are subjected to what Big Brother Watch describes as “digital strip searches”. Victims fear that they have no choice but to hand over their private data, including social media messages, call records, photos and even things that they have deleted. The Centre for Women’s Justice reported one woman fearing her case would be closed if she refused to provide that very invasive data. She was asked to provide medical and counselling notes over the two-year investigation. That is a disgraceful invasion of privacy, and victims should not be subjected to it. No victim of violence should be put under such scrutiny. The invasive process will only dissuade victims from pursuing their case through the criminal justice system.

The “Operation Soteria Bluestone Year One Report” quoted one officer who believed cases of rape and sexual offences were “pink and fluffy”. He avoided them in favour of burglary and robbery cases. The report also found that some serving officers do not think sexual offences should be a priority for policing. Those officers are more than just bad apples. They are part of a rotten culture of misogyny that undermines sentencing. The Operation Soteria Bluestone report argues that a microscopic focus on victims’ credibility creates

“conditions of virtual impunity for predatory men.”

Women’s Aid has warned that violent men are being handed lenient sentences that do not reflect the severity of their crimes, which we have already heard about. It is not fair to the women who deserve justice. We need a whole system change to shift this victim-blaming culture.

Fortunately, we are seeing some progress in creating that culture shift. I commend the work of Avon and Somerset police in that area. I recently visited the Operation Bluestone team in the police force to see the good work they are doing. By changing their investigative focus from the victim to the perpetrator, they have tripled charge rates and brought more cases to the Crown Prosecution Service. Avon and Somerset police are showing that it is possible with a dedicated, well-resourced team and the right leadership. Unfortunately, the team is constrained by the risk aversion of the wider criminal justice system, with charges only brought against a perpetrator when there is a guaranteed conviction. When I visited the police, I heard that they were focused on putting a very solid case forward to the Crown Prosecution Service, so that they got a conviction, but the CPS said, “Bring more cases to court, even if the chance might be 50:50, because if we have more cases coming to court, we have more cases that can possibly lead to a proper conviction.”

[Cherilyn Mackrory]

My concern—and I am happy to hear the hon. Lady’s side of this—is that if the evidence is not conclusive and a case gets put forward to the CPS, there is a potential for the victim to have to go through the trial only to not get a conviction. I can see both sides of the story.

[Wera Hobhouse]

I thank the hon. Lady for that intervention. This is a good debate about how we best get justice. I totally understand the trauma that victims face if they have to go through repeated processes and there is not a firm conviction at the end. That can be very traumatising, but there seems to be evidence that we get to more perpetrators, and that is what we need to do. We must get the message out to violent men that we are going to go after them.

It is important that we follow exactly how this works. I understand that there are pilots of specialist courts for these types of crime, where victims are treated much more sensitively, with an understanding of the trauma they are facing. For that reason, these specialist courts are so important, and I hope the Minister will talk about how they work and how we can learn from good practice.

Avon and Somerset police is showing what is possible with a dedicated, well-resourced team and the right leadership. Unfortunately, as I said, the team is constrained by the risk aversion of the wider criminal justice system, which means that cases with substantial evidence often get overlooked, allowing perpetrators to escape justice. Another thing that I learned during my three hours with Avon and Somerset police was that if there is such a focus on the victim, it gives time to the perpetrator to eradicate all their evidence. That is not only unfair; it adds insult to injury in these cases.

The police—certainly Avon and Somerset police—have learned from that and are changing the culture. They are also incredibly data-focused. As I understand it, by going back through historical data, they can now identify repeat offences that previously could not be captured. Avon and Somerset police is doing a wonderful job, and I wish that everybody in this room had a police force that did so well.

One step forward would be to expand the pilot of specialist courts, which would help to clear case backlogs and ensure that victims’ experiences are respected. These changes are essential for women and girls to receive proper justice. I am following the progress of the Ministry of Justice pilot programme with interest, and I am really interested to hear from the Minister about it.

Women and girls need to know that violent and abusive perpetrators are being brought to justice. As it stands, women are not getting the justice they deserve. Sentencing is part of the problem, but to even get to that stage, women must be given the confidence that the system is not stacked against them.

--- Later in debate ---

[Edward Argar]

The Domestic Abuse Act 2021 introduced a range of measures, including a new wider statutory definition of domestic abuse, which recognises all forms of abuse beyond physical violence. It also created a new criminal offence of non-fatal strangulation, extended the offence of sharing private sexual photographs and films with the intent to cause distress—so-called revenge porn—and extended the offence of controlling or coercive behaviour to cover post separation. The majority of those measures are already in force.

Some hon. Members have alluded to the Online Safety Bill, which is currently passing through Parliament. There are some challenges with the scope of that Bill; parts of the Law Commission’s report into these offences will not fall within scope, which limits what can be done in this context. However my starting point, notwithstanding the complexity of the Law Commission’s report, is that where we can, where it is within scope and where it is possible—I think the DCMS Minister, my hon. Friend the Member for Sutton and Cheam (Paul Scully), said this on Report—we should implement at least some of its recommendations in a way that does not inadvertently have negative impacts. It is a complex package, and large parts need to be taken as a whole, but where we can take individual measures and use this legislative vehicle—we all know the challenges of finding a legislative vehicle for a whole package—I am keen that we do that so that we make at least some progress even if it is not 100%.

In the rape review action plan, published in 2021, the Government looked at how the entire criminal justice system responds to rape. We recognised that in too many instances, it simply has not been good enough. I take a particular interest in the rape review action plan, not just because it is a key part of my ministerial portfolio but because when I last covered this portfolio in 2018-19—I was Under-Secretary of State for Justice, my hon. Friend the Member for Louth and Horncastle was at the Home Office and my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) was Solicitor General—at the direction of the then Prime Minister, we looked at commissioning exactly that. I pay tribute to Emily Hunt for her work on that.

Our ambition was to more than double the number of adult rape cases being referred, charged and reaching court by the end of this Parliament, and we are making steady progress on our ambitions set out in the rape review action plan. The latest data show that the number of cases referred, charged and reaching courts has increased. In April to June 2022, there were 901 adult rape police referrals—more than double the 2019 quarterly average—and suspects charged by the CPS were up by two thirds on the 2019 quarterly average. In July to September 2022—a slightly different period of time—there were 467 adult rape Crown court receipts which, again, is more than double the 2019 quarterly average.

I will touch on two aspects of the comments of the hon. Member for Bath. I will pick up her points about Operation Soteria and Avon and Somerset police in a moment, because I had the privilege of visiting them recently. I would just be a little cautious. She referred to how we guarantee more convictions. The only reason I am a bit cautious is that we cannot guarantee convictions. We can guarantee charges, and I think that is what she meant—bringing more cases to court. I do not think it is the case that the CPS will pursue a case only when there is a guaranteed conviction, because it cannot guarantee that in any case. However, it has to meet the two tests for Crown prosecutors—the evidential test and the public interest test—in order to bring a prosecution. Due to the nature of these offences, those tests can be challenging.

[Wera Hobhouse]

I am grateful to the Minister for clarifying that. I am glad that he corrected the record, because I was obviously going a bit free range. It is absolutely true that these institutions are independent. We cannot guarantee anything, but it is about increasing conviction numbers, and that is what we are here to talk about.

[Edward Argar]

I am grateful to the hon. Lady. I suspected I knew what she meant, but I wanted to be clear for the record. To ensure that victims are adequately supported, the Ministry of Justice is also quadrupling the funding for victim and witness support services, which includes funding to increase the number of independent sexual violence advisers, ISVAs, and independent domestic violence advisers, IDVAs, by 300, to more than 1,000 by 2024-25.

Assisted Dying

Wera Hobhouse Excerpts

Monday 4th July 2022 Westminster Hall

[Wera Hobhouse (Bath) (LD)]

I want to thank the tireless campaigners, especially Pauline Carroll from our local Bath branch of Dignity in Dying, who has taken me on a journey over the past five years. Due to her courageous campaigning—she never let go—I gradually changed my mind over this difficult and complex issue, and Pauline is in the Public Gallery today.

The Government have amended the Health and Care Act 2022 so as to fully fund palliative and hospice services in the future. That is very welcome, but it is not enough. Our current law needs to change. One approach should not exclude the other. It is disappointing that no time was given to debate Baroness Meacher’s Bill and that Conservative peers were whipped on 16 March to vote against Lord Forsyth’s proposed assisted dying amendment to the Health and Care Act. It is time to apply honesty and justice to the debate. Constituents of mine have campaigned for years for a safeguarded assisting dying law for mentally competent, terminally ill adults with a six-month prognosis. I do not accept that this is the thin end of a wedge.

Whatever might otherwise be heard, it is a fact that palliative medicine and care has its limitations, even at its most excellent. Figures from the Office of Health Economics in 2019 show that every year, 6,400 terminally ill patients in hospices have horrendous deaths. One of my constituents wrote to me:

“I watched my mother being tortured to death with care, she was in extreme pain and was given the maximum level of pain relief. This only works for a time and between doses she was in agony.”

Those who suggest that palliative care can manage pain are ignoring what happens. In too many cases, pain cannot be alleviated. We should not hide that truth.

It was disappointing to learn in 2021, in a piece of research on end-of-life preferences by my local hospice, that assisted dying was not to be included. The reason given was that it is not legal. We cannot leave out the most pressing topic for end-of-life preference. Some people wish for assisted dying. Discounting it as a patient’s preference from the start is ideologically blinded and suggests that blanket opposition to assisted dying is supported by the hospice movement, for which I otherwise have the greatest respect.

In a BMA survey, 4,500 doctors voted in support of assisted dying legislation, whereby they could assist patients who can voluntarily take life-ending prescriptions under very clear and defined legislation. Recent evidence from a Royal College of General Practitioners survey shows that opposition to such legislation has fallen from 77% to 46%. Here in Parliament, we are falling very far behind public and medical opinion. We continue to force people to suffer a protracted death against their wishes, to spend £10,000 to go to Dignitas at a rate of one a week, or to add to the horrific new suicide statistics from the ONS.

Some terminally ill people will not choose palliative care but will opt for the choice of a safeguarded, doctor-assisted death, and that should be their right. I have gone on a journey to believing truly that prolonging an agonising life is not what I should stand for, and I speak as a Christian. Instead, we should allow for a compassionate death when that is what the dying person wishes for.

Judicial Review and Courts Bill

Wera Hobhouse Excerpts

Consideration of Lords amendments
Tuesday 26th April 2022 Commons Chamber

Well intentioned attempts to seek a compromise miss the point. They will in effect render nugatory the recommendation made in IRAL—a clear recommendation made by independent and, in the proper sense of the word, disinterested members of that review panel—and will, I am afraid, have the baleful effect of undermining the intention of this House. I am pretty sure that that is not what their lordships really intended. I say to them that it is the clear will of this House that those clauses go through, with the Government amendment, as part of our incremental reform programme that is designed to rebalance our unwritten constitution and strike the right relationship between this elected House and this Parliament and our independent, world renowned judiciary.

[Wera Hobhouse (Bath) (LD)]

I rise to speak to Lords amendments 1, 2 and 3, all tabled by Lord Marks in the other place. I appreciate that the Government have made some concessions and I thank the Minister for his meeting with me.

Amendments 1, 2 and 3 would remove from the Bill the power to make prospective-only quashing orders. They are backed by the Law Society and Justice, and I urge Members across the House to back them too. Judicial review is one of the most powerful tools that an individual has to enforce their rights. Challenging the Government through the courts when they get things wrong is one of the core principles of our parliamentary democracy.

[Dr Caroline Johnson]

Will the hon. Lady give way?

[Wera Hobhouse]

No; I am conscious of time and Madam Deputy Speaker is anxious that we proceed.

The principle should not be party political but one shared across the House. It is disappointing to see the Government pushing ahead with plans to restrict judicial review by opposing the amendments. Unamended, the Bill is described by the Law Society as “chilling”; clauses 1 and 2 undermine judicial review. Prospective-only quashing orders could be hugely harmful to those seeking justice: they would not only deny redress to someone who had been harmed by a public body’s unlawful action, but actively serve as a disincentive to those seeking justice through judicial review.

Let us imagine a person who had incorrectly been deemed ineligible for carer’s allowance by the Department for Work and Pensions. That person successfully challenges the decision through judicial review. Prospective-only quashing orders would mean that the person did not receive the back payments unlawfully denied to them. Those payments could mean the difference between a person heating their house or going cold, or between eating or going hungry.

To make matters worse, extensive delays in courts mean that decisions could be put off for even longer. Prospective-only quashing orders arbitrarily discriminate between those affected by an unlawful measure before a court judgment and those affected after one. There are numerous examples. In 2017, the High Court ruled that a Home Office policy to deport EU rough sleepers was unlawful and discriminatory. The policy was scrapped. If a prospective-only quashing order had applied, then potentially only those receiving a removal notice would be protected; all those who had already faced removal or had had a removal notice issued against them would still have faced deportation. That would not have been justice.

Important as they are, the damaging effects of prospective-only quashing orders go far beyond individual cases. They damage the basic principle that underpins our democracy: that individuals must have the power to challenge the powerful when the powerful get things wrong. If the Government or public bodies are spared the risk of retrospective legal consequences, the motivation for good decision making is lower. Public bodies will take their chances, particularly in issuing welfare benefits, because the cost of getting things wrong would still be lower than getting them right in the first place. That is bad not only for those seeking redress from the courts but for all of us. It should ring alarm bells for all of us.

The Bill is just another Government programme of constitutional reform that weakens the institutions and rights that hold them to account. We saw that in the Police, Crime, Sentencing and Courts Bill, the Nationality and Borders Bill and the Government’s voter ID proposals. We Liberal Democrats will continue to stand against any attempts to weaken the institutions and rights that hold the Government and the powerful to account. I urge Members across the House to do the same and vote in favour of Lords amendments 1, 2 and 3.

[James Cartlidge]

I am grateful to all those who have spoken about the Bill today. I have only a short time, so I will briefly canter over the points raised in this important debate. I am grateful to the hon. Member for Hammersmith (Andy Slaughter) for recognising that we have made a significant concession on the presumption; we, in turn, are grateful for having been enabled to bring important reforms to judicial review through clauses 1 and 2.

On the issue of judicial review and prospective-only quashing orders, I thought that my hon. Friend the Member for Sleaford and North Hykeham (Dr Johnson) made a good point to the hon. Member for Glasgow North East (Anne McLaughlin) in saying that we cannot have it both ways. The Bill gives new powers and flexibility to judges; we should not at the same time fetter judges and try to predict what they would do in individual cases. That is the key point. As my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), Chair of the Justice Committee, said, this is about giving judges an extra club in the bag—a golf analogy; I said that it was another tool in the toolbox. Whether we use DIY or sport analogies, we all understand that there is an extra tool for the judiciary—more powers and flexibility.

On the issue of Cart JR, my hon. Friend made a really important point. The resource issue is about High Court judges, particularly in the Queen’s bench division, who after all hear some of the most serious cases around the country, not just in London.

I understand where my hon. Friend is coming from, and concerns from all hon. Members, when it comes to legal aid. I have previously expressed my strong sympathy—particularly for MPs in the north-west, who have had a long experience around Hillsborough. Of course we are looking at that and other matters.

The hon. Member for Hammersmith is aware of the measures that we have already introduced. Even if we agreed on this measure, the Opposition would surely have to accept that it simply would not be possible for such a significant measure to be introduced at such a late hour in the course of a Bill. Were we to continue to go back and forth on this, we would risk undermining the Bill—and we must not forget that it also contains very important measures on criminal procedure, not least changes in magistrates’ sentencing powers. As soon as those new powers come in, they will start to have an impact on our backlog by ensuring that cases that would otherwise be dealt with in the Crown courts can be heard in magistrates courts. I therefore think it important for the Bill to receive Royal Assent.

As I have said, I am pleased to commend the vast majority of the Lords amendments to Members, but I ask them to join me in disagreeing with Lords amendments 1, 2, 3, 5 and 11, and agreeing to the Government’s amendment (a) while disagreeing with Lords amendment 5.

Question put, That this House disagrees with Lords amendment 1.

Tackling Violence Against Women and Girls

Wera Hobhouse Excerpts

Wednesday 2nd March 2022 Commons Chamber

[Victoria Atkins]

If I may, I will develop that point in my speech. As the right hon. Lady knows, an enormous amount of work is going on, particularly in the rape review, and I want to take the House through it in detail. She is absolutely right that there is action now, this day, to tackle these crimes and behaviours, but we must acknowledge—as, in fairness, colleagues across the House have acknowledged throughout our domestic abuse debates and so on—that there are real, fundamental problems that we have to tackle at a societal level so that women and girls know we agree that this behaviour is not their fault, is not their responsibility and must be tackled.

[Wera Hobhouse (Bath) (LD)]

We talk about wider societal change and bringing young people up with proper relationship training. I was a secondary school teacher; that sort of relationship training is done at the end of the day by maths teachers or foreign language teachers. Does the Minister believe that we need professionals to lead it? We cannot leave it to schools to pick up the pieces any more.

[Victoria Atkins]

May I say that there has been progress since the hon. Lady has been in her place? I very much hope that she welcomes the progress that we have made. Importantly, there is now a statutory requirement and, what is more, there is specific training to help to roll it out. We take her point that it has to be done in a way that is appropriate and sensitive but also effective, so we get the messages through to children at the right stage and the right time in their lives.

There is one way in which every single person in this Chamber can help and do something today. When hon. Members leave the Chamber, will they please share the “Enough” campaign across their many social media networks? Not only are we bombarding social media, but over the weeks to come we will have adverts cropping up across our towns and cities on buses, billboards, television and so on. This is how, individually, we can make a real difference today.

--- Later in debate ---

[Wera Hobhouse (Bath) (LD)]

It is a real pleasure and privilege to speak in this debate. We have talked about this issue many times, and I could not agree more with the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) that the time for talking should be over and we need to see a lot more action.

I want to praise the organisations in Bath that are working on tackling violence against women and girls: the Southside project, which supports families affected by domestic violence and abuse; Somerset and Avon Rape and Sexual Abuse Support, or SARSAS, a specialist support service for women and girls who have experienced any form of sexual violence at any point in their lives; and Voices, a survivor-led charity supporting those living with and beyond domestic abuse to recover from their trauma, which redoubled its efforts during the pandemic to make sure that no one was forgotten. I was delighted to recognise Voices with the first Best of Bath award last year.

But we should not leave it to charities to tackle violence against women and girls. We must do a lot more not only to support survivors but to prevent the terrible violence from occurring in the first place. We absolutely need to improve police training so that victims and survivors are properly supported. Many crimes do not even enter the criminal justice system. Over 600,000 women are sexually assaulted each year, but only one in six of those assaults is reported to the police. We must give women and girls the reassurance that their concerns are taken seriously whenever they report crimes of assault or domestic abuse.

I would like to add something to the motion before us today. Supporting victims of violence and sexual abuse begins at a local level. The Government must support local authorities to perform this vital task by giving them the duty and funding to provide accommodation for survivors of abuse. Our criminal justice system is failing women. It takes an incredible amount of bravery to not only report sexual abuse but then to relive that trauma in the courts. To add insult to injury, 1.6% of reported rapes lead to a charge. I need to repeat that: 1.6% of reported rapes lead to a charge. We are letting survivors down; it is shocking. We absolutely need better training and more resources for prosecutors and judges to punish perpetrators and deliver the justice that victims and survivors so desperately need.

We are still waiting for the Government to ratify the Istanbul convention, 10 years after signing it. We are one of only 13 countries that are dragging their feet. The Istanbul convention enshrines rights of survivors of sexual violence, including the right to access crisis counselling and mental health support. The Government have yet to give a good reason for that delay. This is really about the number of support centres that the Government should support and fund, and I think that is the reason they are dragging their feet: it is simply about money. I hope that the Minister can give her commitment to ratifying the convention without delay, and do so today. I ask the Government: please sign the Istanbul convention.

Violence against women and girls is endemic in our society. If we are serious about tackling it, then we need a dramatic culture change. We in Parliament, and Government, have to lead that change: it is our duty. It starts with better age-appropriate sex and relationship education in schools. I welcome the Minister’s announcement today that something will be done, as I was a teacher six years ago. It was just not good enough for tired teachers to give some relationship training in the afternoon after all the lessons had finished.

[Tonia Antoniazzi]

I want to support and highlight the hon. Lady’s comments about teaching staff. Having been a head of modern foreign languages myself, I know how difficult it is, when you are not trained, to give this specialist advice and to talk to young people, whose formative years are the most important, about relationship forming. I completely agree that specialist services are needed in schools.

[Wera Hobhouse]

Once again, it is simply a matter of resources. Schools must be given extra resource to have specialists who guide young people into proper relationships. It will probably save us a lot of money if we get this right, but we need to spend the money in the first place.

To back this up, a 2021 Ofsted report highlighted just how early sexual harassment begins, to the point where it becomes “commonplace”. According to the report, 92% of girls said that sexist name calling happens a lot or sometimes; and 80% of girls—80%—reported being put under pressure to provide sexual images of themselves. These figures speak for themselves and say that we need urgent action.

It is hugely disappointing that the Government continue to rule out making misogyny a hate crime. Yes, we discussed this at the beginning of the week, but I need to repeat what I said just two days ago: we have to get to the root causes of violence against women and girls. We must send a powerful message that negative attitudes towards women that lead to hate and lead to offences—from harassment all the way to very serious sexual assault—are not acceptable, and that is what making misogyny a hate crime would do. Hate crime legislation, as we have established, does not add to an offence, but it has made a clear difference to crimes based on racial or religious hate. Why do women not deserve the same treatment? I still cannot understand why the Government are not supporting this. Making misogyny a hate crime is not a silver bullet, but existing hate crime legislation has made a clear difference. So let us get on with it and make misogyny a hate crime.

None of the steps that I have pointed to will make violence against women and girls stop overnight, but the time of inaction and making excuses is up—we owe it to all women and girls who suffer violence and harassment on a daily basis.2.48 pm

[Mr Toby Perkins (Chesterfield) (Lab)]

I am really pleased that the Labour party has chosen to use one of our precious Opposition day debates for this subject today. It is a matter of tremendous importance. There is obviously a huge amount on the parliamentary agenda at the moment, so it really sends a positive sign that the party has chosen to debate this today.

I want to speak a bit about why this matters so much to me. As Members of Parliament, we on occasion have things that influence small numbers of our constituents—maybe just one of them. Sometimes it might be something that matters to a reasonable number of our constituents. If we had a factory closure that affected 5% of our constituents, we would be racing to Parliament to speak about it, but here we have an issue that not only affects the 51% of our population who are women, but demeans all of us who live in a society where our sisters, our partners, our wives and our daughters experience this and are not safe to go about their lives.

When I speak with those who I know intimately enough to have this kind of conversation, it is remarkable to me how absolutely everyday it is for women to face some kind of sexual harassment. Almost every woman I know who I am in a position to know this about has had an experience of something reasonably serious in this epidemic of violence. My right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson) was right to say that we need to accept that we are talking about male violence against women and the extent to which it is culturally everyday and normalised.

This issue matters to me not just as a Member of Parliament representing all the women and girls in my constituency, but as a partner, a father, a brother and a friend of women who suffer from it. It also matters to me as a constituency Member of Parliament. My right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) spoke about how we all have constituency casework trying to support women who have been victims of rape and victims of sexual and domestic violence. We recently had the appalling murder of Gracie Spinks in my constituency. Because of the ongoing police investigation, I am not able to go into detail about that at the moment, but Gracie was murdered by a man who had been stalking her. She had no relationship with him previously, but he had become obsessed with her, and that case has touched the hearts of every person in Chesterfield and led to a very passionate debate in Westminster Hall a few weeks ago.

The Government’s approach is failing at every level. The number of offences committed is shocking enough. The number that do not get reported is shocking enough. The number of reported offences that get inadequately investigated is shocking. The number of cases that have been investigated that get submitted to the Crown Prosecution Service is shocking. The number of cases that get referred to the CPS, but that wait so long to get into court that the victim removes their support for the trial is appalling, as is the number convicted. At every level, this is an absolute crisis and an epidemic that the Government and we all collectively are failing to address.

It is regrettable that the Home Secretary is not responding to this debate, because it would have sent a powerful message if she had come and said, “I am fronting up here. I am taking this seriously. I am not going to delegate this to my junior Minister. I will be the one to respond to this debate.” I put that on the record.

One of the important things that came across very strongly in the debate that we had about stalking was that, when it comes to sexual and domestic violence and stalking, there is such a responsibility on the victim of crime to prove that an offence has taken place, in a way that does not happen if we report to the police that we have been attacked and beaten up or that something has been stolen. In those cases, it is accepted there is a likelihood that the offence has taken place. When it comes to these kinds of offences against women, there is a huge burden of proof on the woman to prove that something has taken place.

I want to talk particularly about the important issue of stalking. The motion does not talk about stalking, but the matter is incredibly important to us in Chesterfield in the light of the Gracie Spinks murder. We need police forces across the country consistently to provide stalking advocacy services for victims and to ensure that every police officer recognises what stalking is all about and the impacts of that offence. Importantly, we have been talking about online violence against women, but often if the police investigate the online case, they will get the evidence they need to back up the stalking case.

Alongside all the pressures that this motion places on the Government, there is a need for us collectively to have a candid conversation about the culture of male violence and the culture, particularly among younger men and older boys, of watching porn and in particular the kind of porn, readily available on the internet, that normalises vicious sexual violence against women. The Government have been too quiet on that, and it needs to be said.

The motion

“condemns the Government for failing to take sufficient action”.

I do not think that anyone who has listened to the statistics that have been put out today can have any doubt that insufficient action has been taken. I welcome the positive tone we heard from the Minister, but we all need to be relentlessly saying to the Minister and the Government that the time for talk is over. We need to see a collective approach that addresses the manifold failures we have here so that more of our sisters, wives and daughters can live more peacefully in the future.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)]

Thank you, Madam Deputy Speaker, for allowing time for this important debate. I thank all Members who have contributed. I also thank Members for the tone in which most of the contributions have been made, because I have a real sense that this is a collective effort we are all engaged in. Our colleagues in the police force, local police and crime commissioners, and local authorities, with whom Members engage, also bear that responsibility, and that has come over loud and clear.

I want to start by addressing the points made to me by individual Members. I have made copious notes and I hope I can give due credit to the points that have been made. I thank the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), the Chair of the Home Affairs Committee, for her points. We will, absolutely, commit to publishing the perpetrator strategy within the legislative timelines that we have set out and legislated for very clearly. I hope that will command some welcome from the Opposition.

My hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), the Chair of the Justice Committee, made, in his detailed speech, some extremely useful comments and challenges for us. I listened carefully to his points, as did the Minister of State, Ministry of Justice, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins). He highlights a very important matter that the House should reflect on, which is that we are now prosecuting rape in a digital age. We are grappling with challenges on phones that simply did not exist a few years ago. We are setting out how we will tackle some of those challenges in our rape review and the end-to-end taskforce.

My hon. Friend mentioned specialist rape courts. We are looking at those as part of the report and will come forward with our response to that. Members will be interested to know—this was also referenced in the debate—about domestic abuse courts. We are taking steps on that matter. We have set up domestic abuse courts pilots to look at how we reduce the re-traumatisation of survivors of domestic abuse. We are taking a more investigative and less adversarial approach to limit the trauma victims have to go through in family court proceedings. Pilots are ongoing and we will report on them.

I pay tribute to the hon. Member for Swansea East (Carolyn Harris) for all her fantastic work on the menopause. She is absolutely right to highlight the link between domestic abuse and traumatisation. My colleagues in the Department of Health and Social Care are bringing forward the women’s health strategy, which, largely down to her, will reference that.

I thank my hon. Friend the Member for Newbury (Laura Farris) for all her points and for her very balanced comments about the somewhat fraught issue of misogyny as a hate crime. She highlights how complicated the situation is. Members need to reflect that the House voted overwhelmingly against making misogyny a hate crime, but that is not to say there are not steps we need to take to tackle misogyny in society. The Home Secretary is carrying forward that work with Maggie Blyth and the National Policing Board.

The hon. Member for Streatham (Bell Ribeiro-Addy) spoke very sensitively about the constituency case that I think we are all aware of. She has represented her constituent and her family extremely well. I want to highlight the funding that is going into refuge spaces. I announced just last week an additional £125 million for specialist support to go into refuges to help victims to rebuild their lives after the awful experience they have suffered.

The hon. Member for Canterbury (Rosie Duffield) highlighted the rise in reports. Obviously, we want to stamp this out and we do not want victims, but all of us recognise the issues around reporting and recording crime. She mentioned that, and said that those crimes have gone up. It is important that we continue to capture those crimes and that people come forward. There is a positive sign there, although obviously we recognise that there is much to do.

The hon. Member for Bath (Wera Hobhouse) talked about the Istanbul convention. We are already virtually fully compliant with the Istanbul convention. We already have those protections for women and girls. There are some legal technicalities, which we are resolving with our friends in the devolved Administrations, and we will be able to fully ratify it soon.

[Wera Hobhouse]

We have signed it but not ratified it. Is it really just a legal delay? I cannot understand it. We have been asking for this for about two years and we keep being fobbed off. Can the Minister please explain why there is this delay?

[Rachel Maclean]

I am afraid that I do not have the capacity in this debate to go into the technicalities. I have a lot to go through. As I have said, they are legal technicalities that we are working through with our friends in the devolved Administrations, which have a different legal jurisdiction. We can discuss that at another opportunity.

I thank the hon. Member for Chesterfield (Mr Perkins). We debated another tragic case in his constituency, or near to it, I believe. It was an honour to meet the family, and he is absolutely right to raise awareness of the importance of stalking protection orders. That is work that I am doing through the National Police Chiefs’ Council, to ensure that it is taking up those stalking protection orders.

The hon. Member for Liverpool, Wavertree (Paula Barker) asked why we are not taking femicide as seriously as terrorism. That is precisely what the strategic policing requirement sets out to do. I am afraid that I must take issue with her comments about the allocation of funding in her area going to perpetrators, not victims. Those funding matters are local decisions. The Home Office will make funding available to her locally elected Labour police and crime commissioner, so she needs to take that up with her Labour party colleagues in the area. We have put aside national funding of £300 million for victims, so I suggest that she has those conversations.

The hon. Member for Brentford and Isleworth (Ruth Cadbury) talked about honour-based violence. Just last Friday we banned child marriage thanks to the incredible hard work of my hon. Friend the Member for Mid Derbyshire (Mrs Latham). We fund many services helping victims of that horrific crime.

The hon. Member for Pontypridd (Alex Davies-Jones), who was very passionate in her remarks, asked why we do not talk about this as male violence against women and girls. Many Members have responded in that way. We do not shy away from talking about this as a gendered crime. As I said, we will publish the perpetrator strategy and all the associated guidance soon.

Police, Crime, Sentencing and Courts Bill

Wera Hobhouse Excerpts

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

[Kit Malthouse]

I completely agree with my hon. Friend, and he is absolutely right that we need to look carefully at the recording patterns and what they are telling forces such as Gloucestershire about how they can and should intervene in particular neighbourhoods. We then need to look to other forces exhibiting the same patterns of offending, but not necessarily recording it, so that we can act to spread this kind of practice more widely.

I am encouraged by my hon. Friend’s sense of cross-party enthusiasm for this issue. I know that some in the House—I am not sure necessarily anybody present here—would seek to make it a political issue, but as the person who devised and published the first ever violence against women and girls strategy in the entire country when I was deputy Mayor for policing at City Hall, I am proud of the work I have been able to do in this particular area over the past decade or so, and I hope I will do it for many years to come. This issue breaches all divides, because we are all sons, brothers, sisters, fathers—whatever it might be—and we all know people who have been subjected to this crime.

[Wera Hobhouse (Bath) (LD)]

The amendment to the hate legislation does not create a new offence, and the Minister will be aware of that. I had a long discussion with the Law Commission last week, and it admits that not all women’s rights organisations agree with its view. Many organisations, such as the Fawcett Society and the Young Women’s Trust, support this amendment.

[Kit Malthouse]

All I can do for the hon. Lady is quote from the Law Commission’s report, which I assume she has read, extensive though it is. It specifically states:

“We recognise that many people may disagree with our conclusion and find it difficult to understand given the prevalence of sex and gender-based violence and abuse…our recommendations have been decided…on the strength of the evidence and policy considerations before us.”

I hope she will understand that notwithstanding the division of opinion there may be, the fact that the Law Commission—after three years, and with weighty legal minds—disagrees with this move, along with large women’s organisations, such as Rape Crisis, means that in all conscience we cannot support an amendment that they say will make things worse. We have to commit ourselves to making things better and by other means, as my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) has pointed out. That is exactly what I am doing today.

--- Later in debate ---

[Sarah Jones]

I feel as if there should be a three-way conversation in another place to tackle some of these questions. But they are real questions, and my hon. Friend the Member for Walthamstow has campaigned on this issue for a very long time, and it is important that we listen to what she says.

[Wera Hobhouse]

Perhaps I can help out and say that, although no legislation is a silver bullet, this measure would make powerful progress and take a powerful stance against certain attitudes that are so prevalent and stare us in the face. We should send a signal that such attitudes are unacceptable, in the same way that we have done with other hate crime legislation.

[Sarah Jones]

The hon. Lady puts it very well, and I completely agree. We have seen with the recording of such crimes in Nottinghamshire and other places that this measure works. It is welcomed by the police, as it is a useful thing for them as well.

--- Later in debate ---

[Craig Whittaker (Calder Valley) (Con)]

I would like to speak in support of the Government and against making misogyny a hate crime, as suggested in Lords amendment 72. It is safe to say that everybody understands the strength of feeling about adding sex and gender to hate crime laws—as I do, not least, from my mailbox—and this debate has shown that. However, I feel unable to support the amendment in the light of the Law Commission’s conclusion in its independent review of hate crime laws in December last year. It said that such a step would potentially

“prove more harmful than helpful, both to victims of violence against women and girls, and also to efforts to tackle hate crime more broadly”—

the Law Commission’s words, not mine. It specifically noted that adding those characteristics may make the prosecution of crimes disproportionately affecting women and girls, such as sexual offences and domestic abuse, much more difficult.

That issue arises because establishing whether a hate crime has occurred would require additional proof to be demonstrated in court. The Law Commission notes, by contrast:

“It might be practically difficult to prove a sex or gender-based aggravation in the context of VAWG crimes that usually take place in private”.

As a result, the Law Commission notes:

“We are particularly concerned about the potential for this to make some sexual offence prosecutions more difficult”.

We should not put this in the “too difficult” box; it will just work against women and girls who are the victims.

The Law Commission subsequently recommended against adding these characteristics to the law. Given those and other potential unintended consequences, as we have heard, organisations responding to the consultation support the Law Commission’s review in opposing these characteristics being added to the law.

It is also worth Members noting, when they come to their decision today, that the Lords amendment seeks to mitigate the most serious risks identified in what I have spoken about by excluding certain offences from any hate crime designation, including sexual offences and domestic abuse. However, the Law Commission similarly identified that such models would not be helpful, noting that this would then make the addition of the characteristics largely “tokenistic”—the Law Commission’s words, not the Minister’s—by excluding the most serious offences that frequently harm women and girls. It also noted that the exclusion of these offences risks suggesting that they are, by default, less serious or not rooted in misogynistic hostility, and would treat sex and gender unequally to other characteristics in the scope of hate crime laws.

I therefore share the Law Commission’s concern that adding sex and gender to hate crime laws in any form could prove unacceptably counterproductive and work against women and girls.

[Wera Hobhouse]

I rise to speak in support of Lords amendment 72. Existing hate crime legislation must be extended to include misogyny, and the police must be required to record hate crimes as misogynistic. The amendment has the backing of such powerful organisations as the Fawcett Society, Refuge, the Young Women’s Trust and many more, as well as the police.

Last year was a terrible year for women and girls, with two high-profile cases of young women murdered on our streets by vile sexual predators, peaceful women’s protesters pinned to the ground by serving police officers, thousands of women being subjected to spiking, including in my Bath constituency, and countless other horrific crimes against women and girls.

There is growing and very obvious evidence that misogyny is at the centre of violence against women and girls. Nottinghamshire police have led the way to enabling cases of abuse and harassment to be recorded as misogyny; Avon and Somerset police are following suit. I commend all police forces that are doing so, but it should not be a postcode lottery.

Making misogyny a hate crime would send a powerful signal. We need a culture change, and we in this House have a duty to lead it. I have listened carefully to this evening’s debate, in which the Government have said that making misogyny a hate crime could lead to unintended consequences, possibly making it harder to prosecute the most serious cases of sexual violence. Of course we need to protect those women who are exposed to the most serious cases of sexual violence, but Lords amendment 72 especially sets out to avoid any such consequences.

--- Later in debate ---

[Craig Whittaker]

Will the hon. Lady give way?

[Wera Hobhouse]

I will not, because of time.

We should start sending a very strong signal today. Hate crime legislation has made a difference to religious and racial hate crime, so why should women not have the same right? Let us listen carefully to what is being said and make sure that we make progress. It would not be an entire answer, but making misogyny a hate crime would send such a powerful signal that certain attitudes that lead to harassment and later to more serious crimes are not okay, and they are not lawful.

[Ruth Edwards]

I spent last Friday evening in St Peter’s Rooms in Ruddington with a nurse, councillors, shop owners, a reiki practitioner, childcare professionals and many more members of the community. We were taking part in a training programme to help people to identify signs of domestic abuse, talk to survivors they might come across in their place of work and put them in touch with local professional services. The programme is called J9, after Janine Mundy, who was brutally murdered by her ex-husband. I think I must have taken part about 15 times now in the course, which I am delivering across the constituency with my constituent Nicola Brindley, but it never gets any easier to hear the stories of abuse suffered.

I therefore strongly welcome Lords amendment 57, which extends the time limit for prosecution for common assault or battery in domestic abuse cases. There are so many reasons why it takes time for victims to come forward. We must do everything we can to stand with them and support them when they do.

I also welcome Lords amendment 13, which clarifies the inclusion of domestic abuse and sexual offences in the serious violence duty, and Lords amendment 56, which protects women doing the most natural thing in the world: breastfeeding their child. I commend the hon. Member for Walthamstow (Stella Creasy) for all her work in the area.

Also before the House is the issue of making misogyny a hate crime, as set out in Lords amendment 72. I fully support the intention behind the amendment, as I think every Member does, but having read the Law Commission’s report, I share some of the concerns voiced. I take very seriously the concerns raised by organisations such as Rape Crisis, which believes that adding sex or gender as a protected characteristic would further complicate the judicial process and make it harder to secure convictions.

Lords amendment 72 also carves out sexual offences and offences related to domestic abuse from the scope of prosecution as a hate crime motivated by sex or gender, because there are considerable difficulties with keeping them in. As the Law Commission’s report shows, research has shown that sex or gender-based hostility is much more likely to be identified or proven in the context of sexual violence perpetrated by strangers in public settings, particularly where it is accompanied by physical violence. Using misogyny as an aggravating factor in such cases would risk perpetuating the highly damaging myth that there is a hierarchy of sexual violence, which already does so much damage to victims whose experience is different, but whose suffering is no less.

In many crimes of violence against women and girls, such as those in cases of domestic abuse where the victim is known to the perpetrator or is in an intimate relationship with them, it may be more difficult to evidence hostility to gender, so I understand why those offences have been left outside the amendment’s scope. I understand the very strong views of Opposition Members that the amendment should be made without including them, but I worry what sort of message we would send as a Parliament if we made crimes such as domestic abuse and sexual violence—some of the most serious crimes against women and girls—exempt from an aggravating sentencing factor of misogyny. Those concerns, which have been set out by the Law Council, Rape Crisis and Women’s Aid, are the reason I cannot support the amendment.

The findings of the Law Commission, which I believe began its consultation with the expectation of supporting such a change, show why it is so important that changes to law are based on evidence so that we can focus on the most effective measures, which is why I welcome the Home Office’s public consultation on the issue of sex for rent—

Laboratory Animals: Animal Welfare Act

Wera Hobhouse Excerpts

Monday 7th February 2022 Westminster Hall

[Wera Hobhouse (Bath) (LD)]

It is a pleasure to serve with you in the Chair, Mr Pritchard. I congratulate the many petitioners who have ensured that we are debating this important topic here in Westminster Hall. Like all those who speak in today’s debate or listen to it, I worry about the state of animal welfare. I hope this debate will help to advance scientific research without the needless suffering of sentient beings.

I have been contacted by a large number of constituents in Bath who are animal lovers. So often, people see themselves through the eyes of their pets. They see a friend, capable of affection, happiness and pain. It is upsetting for all those who love animals to learn that, in laboratories around the country, man’s best friends are subject to torturous experiments under the guise of public good. As we have already heard, beagles are tested because they are forgiving, rabbits because they are docile and mice because they are cost effective.

It is not the first time that I have been asked to attend a debate on animal welfare. What was once a minority has become a visible and audible majority, as we have heard today, with over three quarters of the public wanting an end to animal testing. The “necessary evil” justification is no longer publicly acceptable. We should put an end to this unnecessary injustice. When we were members of the EU, animal sentience was recognised in law. As we work with the Government to transfer this essential insight into UK law, we have the chance to continue, or even better, those animal welfare standards by moving towards banning laboratory experiments as quickly as possible. As I have said, banning laboratory experiments on those creatures is ethically and publicly favourable and is supported by scientists.

The regulatory requirements that animals be used before human trials is now 75 years old. Reviewing this and removing the needless suffering of animals will finally bring scientific research into the 21st century. I recognise what the right hon. Member for North Thanet (Sir Roger Gale) has said—that we might ban it here, but we are still dependent on other countries where this is necessary—but setting an example is always a good way to move forward and take the global community with us.

This issue matters for other reasons as well. I have supported the roll-out of the covid vaccination, as everyone in this Chamber probably has, and we have supported it 100%. However, many people have refused the vaccine on grounds of animal testing. I understand their moral objections. For successful vaccine roll-outs now and for the future—whenever the next public health threat comes—it is important that we get as many people on board as possible, including animal lovers.

Covid-19 was a huge scientific challenge. Animal testing was deemed a necessary compromise. However, there is now much evidence to suggest the contrary. Animal-tested drugs have a 90% failure rate in human trials. The polio vaccine was delayed by decades due to inadequate testing on monkeys, as was treatment for HIV, whereas, human trials on diabetes and breast cancer have led to major scientific breakthroughs. The scientific outcomes from human trials far outweigh those of animal trials. Animal testing normalises cruelty. Its outcomes are negligible, and the tide of public opinion has turned against it.

Since our exit from the EU, animal welfare has been threatened by the current inadequacy of UK law, but I recognise that we are making our way through it, and I hope that we will make the Animal Welfare (Sentience) Bill as strong as possible. The Government must not water down animal rights; they must build them up—not merely through limiting biomedical testing but by banning live exports, regulating farming standards and accepting animal sentience. The moral and scientific case for tighter regulation of laboratory testing is glaringly obvious. It is time that the Government listened to increasing numbers of scientists and voters.

IOPC Report on Metropolitan Police Officers' Conduct: Charing Cross Police Station

Wera Hobhouse Excerpts

Wednesday 2nd February 2022 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I want to try to get everyone in but, as colleagues are aware, we have another statement and then further business, so I request that questions are short and to the point, which will enable the Minister to be short and to the point as well.

[Wera Hobhouse (Bath) (LD)]

In the last year alone, Cressida Dick was forced to make two public apologies for corruption and cover-up, in the Daniel Morgan murder case and—although she never apologised—for the atrocious mishandling of the vigil for Sarah Everard. We have seen the Met accused of institutional corruption, misogyny, racism and, following the Stephen Port killings, homophobia, not to mention the handling of the partygate fiasco. Now we have this damning report on the Charing Cross police station by the Independent Office for Police Conduct. This lack of leadership and the culture of cover-up are letting down honourable rank-and-file police officers, so why did the Home Secretary think that it was remotely acceptable recently to extend Cressida Dick’s term, as opposed to demanding her resignation?

[Kit Malthouse]

Two of the matters that the hon. Lady refers to are still under investigation by Her Majesty’s inspectorate and I hope that that will conclude shortly. It is worth pointing out that this incident was discovered shortly after the commissioner became commissioner and the unit was disbanded shortly thereafter on her watch. The reason that her contract was extended is that we thought she was the best person for the job.

Metropolitan Police: Stephen Port Murders Inquest

Wera Hobhouse Excerpts

Monday 13th December 2021 Commons Chamber

[Kit Malthouse]

Obviously the Home Secretary, along with the Mayor of London, felt the current commissioner is the right person to do the job for the next two years. Of course these awful events happened when she was not in the employ of the Metropolitan police. However, the right hon. Gentleman makes a strong point about the culture of the Metropolitan police, and importantly that is something the leadership has acknowledged, hence the appointment of Dame Louise Casey.

[Wera Hobhouse (Bath) (LD)]

An Ipsos MORI poll suggests that trust in the police has fallen from 76% to 63%, especially among marginalised groups and the LGBTQ+ community. Will the Minister agree to the Liberal Democrat call for mandatory, UK-wide awareness training for the police on prejudice and unconscious bias?

Injunction to Protect the M25

Wera Hobhouse Excerpts

Wednesday 22nd September 2021 Commons Chamber

[Kit Malthouse]

My hon. Friend speaks with his usual wisdom on this issue. The knock-on consequences of such traffic obstruction are economic but also emotional. We have seen heartrending stories of people who have been unable to attend to sick or elderly relatives in hospital or who have been prevented from, who knows, getting to job interviews that might have clinched a bright future. All sorts of impacts are brought to bear by this kind of selfish protest. At the same time, the great sadness is that it diminishes, not enhances, enthusiasm for the cause that these protesters seemingly want to promote but are, by their actions, damaging.

[Wera Hobhouse (Bath) (LD)]

First, let me express my support for every police officer who helps to keep us safe and keep public order—their safety is essential. However, I also understand the side of the protesters, who really feel that climate change is a threat to their future. We must make sure that the fundamental right to protest and of assembly is protected. I worry that injunctions such as this will serve to pit the police against protesters. What action is the Minister taking to ensure that this injunction does not undermine the principle of policing by consent?

[Kit Malthouse]

I had hoped that we would reach a consensus across the House. I know that the possibly relatively small number of Liberal Democrat supporters who were sitting in those traffic jams will have been disappointed by the hon. Lady’s question. This injunction was granted by an independent judiciary; it was a case put before them by National Highways that these protesters were causing significant danger, to not only themselves, but other motorists. On that basis, the interim injunction was granted. We will be seeking a final injunction later this week, when the wider case will be heard. That is the way we do things in this country—by the rule of law and democratic process. We do not do this by being bullied, held to ransom and blackmailed, and we certainly do not do it by putting innocent men and women who are just on their way to work, going about their business, to enormous inconvenience, misery and often, sadly, injury.

End-to-end Rape Review

Wera Hobhouse Excerpts

Monday 21st June 2021 Commons Chamber

[Robert Buckland]

I thank my hon. Friend, and I say this: we have already rolled out the section 28 provisions to cover intimidated witnesses, many of whom will of course themselves have been the victims of sexual offences. We are going further: we are working very hard with the judiciary to pilot more use of the pre-recorded cross-examination technology in the case of intimidated witnesses. I have indicated that I will be prepared to legislate, if necessary, to ensure that we can fulfil the scale of my ambition, but I have to work closely with the judiciary to ensure that the operational realities—listing pressures and the sheer way in which we can accommodate these hearings—are fully taken into account as well.

[Wera Hobhouse (Bath) (LD)]

It is of course vital that the charging and prosecution of rape cases improves dramatically, so that rapists are put in prison and survivors get justice, but we also need to stop rape and other forms of violence against women and girls happening in the first place, and that requires a cultural change across our society—all men and boys must understand that violence, harassment and abuse of women and girls is unacceptable. Does the Secretary of State agree that that cultural change must include making misogyny a hate crime, so that it is treated as severely as crimes motivated by racial or religious hatred, as well as better age-appropriate relationships and sex education in schools?

[Robert Buckland]

I am grateful to the hon. Lady, who makes some extremely relevant points and gets to the heart of the issue when it comes to the need to reduce the number of victims in the first place. I was very glad to hear her reference to the curriculum. A lot of work has been done to expand the curriculum on sex education and healthy relationships, and I pay tribute to the work not only of teachers, but of third sector groups that are campaigning actively to improve the quality of that provision. She will be glad to know that the violence against women and girls strategy, which was reopened in the wake of the appalling Sarah Everard killing, has received hundreds of thousands of responses. That is going to be the heart of the Government’s approach to prevention in order to achieve the goal that she and I share.