Police, Crime, Sentencing and Courts Bill — House of Commons, 2022-02-28
Topic: Civil Rights
Maria Frances Lewis Miller (Conservative, Centre-right): I think, listening objectively to today’s debate, there is an enormous level of agreement on both sides of the House that there is a job of work to be done to protect women against abuse, and that there are different options for how we might achieve that. That is the point at debate: what we do, not whether we need to do something. That is really important to acknowledge. I thank my right hon. Friend the Minister for his opening explanation of the resistance particularly to amendment 72, and I commend my near neighbour in Hampshire, my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes), the Chair of the Women and Equalities Committee, for her excellent and impassioned speech on why we need to do more The Lords amendments show that more can be done. Lords amendments 13 and 57 show that the Government can continue to be pressed to do more on these important issues. I am glad to see that they are doing more to extend serious violence duties to include domestic abuse and sex offenders. Lords amendment 57 extending the time limit in the way that it does will significantly help. The real issue is, if we want to tackle the issue of sexual harassment and the abuse of women, how do we do that most effectively? I think Amendment 72 has been looked at in detail by the Law Commission, which has been looking at the issues since 2018. There is, I am afraid to say, widespread support for the Government’s thesis that this is not the right way to tackle the problem The Law Commission is very clear that there is demonstrable need for additional law when it comes to supporting and protecting women and girls, and that there is more than ample evidence of the harm that is done. Its real concern is how we tackle this in practice. We have to listen very carefully; otherwise, we risk undoing the good work that has been done. The need for additional law is not under debate; it is the form that that law takes. Sometimes we just have to take a moment, and I think that this is a case in point. We cannot just say, "Something must be done." We have to ensure that we are doing the right thing. We have to accept the role of the Law Commission in helping us to make law that works in practice. It does not see misogyny being a hate crime as the way to solve the problem that has been so eloquently outlined by hon. Members on both sides of the House. Its concern is not because of a lack of understanding of the problem; it is whether the change that is being proposed will work in practice Although I listened very carefully to the interventions of the hon. Member for Walthamstow (Stella Creasy), it concerns me that the solution that is being put forward involves carve-outs for domestic violence and sexual offences, which could in a way suggest, or give people ammunition to say, that those issues are not as connected with misogyny as I am frankly sure that most Members of this House would agree that they are. The concern is not about being able to prove that a crime was motivated by hostility to gender—a point made by the CPS and Rape Crisis. In particular, Rape Crisis said that such an approach would make trials even more complex—an issue brought out by an hon. Member earlier. I also fear trial juries being asked to navigate questions around gender-based hate crime, which frankly we in this House find very difficult to navigate our minds around—all of this leaving people very confused I really hope that the Minister, although he may not be able to go much further today, can very shortly tell us much more about what he will be doing on issues that the Women and Equalities Committee has been looking at for more than five years. We did Select Committee reports on sexual harassment in schools back in 2015, in universities, in public spaces, online and in the workplace. This is not a new issue; this has been an issue looked at not only by the Law Commission but by the Select Committee for well over six or seven years. It would be disappointing if the Government were coming back now to say that they will be taking further the idea of public sexual harassment, as if it were a new notion that had just emerged from the ether. It is something that many of us have been looking at, and calling for it to be tackled more effectively, for a number of years Perhaps my right hon. Friend the Minister can, when he sums up, indicate in a little more detail how he intends to take forward what I think will be a sensible way of trying to tackle the issue that has been so eloquently talked about in today’s debate. Adding sex or gender into hate crime law may not be the way to tackle things, but there is extensive evidence of how the harm disproportionately impacts women, especially online. The Government have a VAWG strategy, and today they are launching a communications strategy, but too many of us still see deficits in the law when it comes to sexual harassment. There needs to be more focus on prevention by demonstrating across the board that sexual harassment towards women, in the same way that my right hon. Friend the Member for Romsey and Southampton North talked about, is a crime that is utterly unacceptable whenever it occurs, at any stage of our lives. Until we get to that stage, all of us will be calling on the Government to take more action.