Police, Crime, Sentencing and Courts Bill — House of Commons, 2022-02-28
Topic: Civil Rights
Stella Judith Creasy (Labour, Centre-left): I will start, because I have had an unintended hiatus from being in the Chamber as a result of having to breastfeed a child, by welcoming the Government’s commitment to amendment 56. It is a cross-party amendment, and I pay tribute to Lord Pannick and Baroness Hayman for the work that they did in the House of Lords on it, my hon. Friend the Member for Manchester, Withington (Jeff Smith), who also led on it, and above all to Julia Cooper, who was a much braver woman than me. I experienced someone taking a photograph of me breastfeeding my child without my permission. She did too, but she challenged the person and went to the police. The police said that there was no protection for her. She started a petition. She took that voice and has turned it into this legislation. We should all be grateful for a woman like that, who stood up What Julia faced is what we are also here tonight to talk about on amendment 72. I certainly hope that the Minister, who has come to the debate rather late but I appreciate has come with a deep concern for women’s rights, has been talking to his colleague Lord Wolfson, whose argument against making it illegal to photograph without her consent a woman who was breastfeeding was that a man might be taking pornographic photographs of his wife on a beach and accidentally catch a woman breastfeeding in his camera lens, and that would be terrible. Of course, many of us think for some time about that husband’s discussions with his wife before we think that that is a realistic example Time and again on the Bill, we are told that, when it comes to women’s safety, matters are complex. It is put in the "too difficult" box. The trouble for Ministers tonight is that next week will be the anniversary of the murder of Sarah Everard. Since Sarah was murdered, we have had more deaths: the murders of Bibaa and Nicole, and of Sabina. In my constituency, I hear countless stories of violence against women. It is the fierce urgency of now that drives this piece of work. I am sure that the Minister is aware, because he has been asking us repeatedly whether we have read the report of the Law Commission, of its provenance. I was on the upskirting Bill, and the Government agreed to commit to the recommendation of the Law Commission as a result of an amendment that we tabled then, recognising that there were crimes driven by misogyny, and that that was putting women at risk It was time to turn the debate around—to stop telling women to keep themselves safe and providing money for lighting, because somehow it is about where they go running, and to start saying that this is about the perpetrators, and holding them to account for what they do. The challenge before the Minister is Lords amendment 72, which, again, is another cross-party effort. I pay tribute to Baroness Newlove, who is a goddess in my mind for her determination to speak up for victims, and Lord Russell, as well as my colleagues on the Government Benches who have been working to look at these issues. We are listening to the police. We are listening to the quarter of police forces that already record sex or gender when it motivates crimes, to help them catch the perpetrators. They recognise that it helps. It helps them to develop the patterns of behaviour I gently say to the Minister that when he says the problem is that women do not report, he needs to ask himself, as the policing Minister, not why women are not reporting, but why they do not feel they can come forward to report. It is not about the women; it is about the reporting. It is about the response they get. My colleague, the right hon. Member for Romsey and Southampton North (Caroline Nokes), is absolutely right when she says that everybody knows a victim and everybody probably knows a perpetrator. Many women will have experienced sexual harassment. They will have experienced abuse online, offline and in our daily lives to such an extent that it infuses what we do: the flinch when we come out of a tube station to make sure there is nobody behind us; carrying our keys in our hands; worrying about what our daughter is wearing; and hoping that our son is not one of those people who does it The truth for the Minister is that the police are telling us, "Actually, we have a clear policy that helps us to identify people early on." He is right when he talks about patterns of escalation. Many perpetrators start with what people might think of as lower-level offences. I have to tell the Minister that I have always said I will stop campaigning on this issue when I go to the wedding where the bride gets up and says, "Well, he followed me down the street demanding I get in the back of the van because he wanted to grope me and I thought it was the most romantic thing ever." It does not happen. What does happen is that that is the daily experience for women across the country and the truth is that the Bill does not offer anything to resolve that. It does not offer anything to back the police, when they say to us that they want to capture that data I understand the concern raised about the carve-out and I will come on to that specifically, but we should be very clear that the first thing the amendment would do is record all that data, including domestic abuse and rape, as misogynistic, because it would help to form a pattern. When we talk to the police in the areas where they are recording it, it is not, frankly, the catcalling that people are reporting. It is serious sexual assault, violence against women, rape and abuse, because they have the confidence that the police are going to recognise it for what it is, which is serious violence. I also say to the Minister gently that he might want to correct the record, because the Law Commission did not look at this very proposal. This proposal is based on the Bertin amendment. The Bertin amendment carves out a definition of serious sexual violence which we did not have, so by its very definition the Law Commission could not have looked at it to consider whether or not it addresses that concern. It is not that we should not record data where crimes are misogynistically motivated, but how we deal with them in sentencing. Carving these offences out does not mean that they are not misogynistic; it means we ensure that the already pitiful sentencing regime does not go any lower There is something crucial in the amendment about how it works with the police and the courts, and what the police are telling us in the areas where they are doing this. I see Government Members who have police who are doing it. The police want the courts to back them. They are gathering the data and using it to track perpetrators, finding them early on in their offending careers before we get to the points that people are talking about in the press. They want the courts to back them, just as they back them when it comes to hatred of someone’s skin colour or their religion Twenty or 30 years ago, when I was a young woman—a long time ago—there was a culture where things were said on TV and things that people said that we would now rightly recognise as racist or as religious hatred. Hate crime legislation does not just target perpetrators, but cultures. Most of all it changes the culture within the police, because the police forces that are doing this are talking about the mindset change among their members. As a Member for a local community where women have been ignored by the Met police for years, I have to say that that mindset change is something we should all desperately want, so we can recognise the danger when somebody starts following women and how that might escalate. We have all seen it in those reporting histories.