16 Helen Whately debates involving the Ministry of Justice

Mon 11th Mar 2019
Children Act 1989 (Amendment) (Female Genital Mutilation) Bill [Lords]
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons
Mon 25th Feb 2019
Wed 5th Sep 2018
Voyeurism (Offences) (No. 2) Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons
Thu 12th Jul 2018
Voyeurism (Offences) (No. 2) Bill (Third sitting)
Public Bill Committees

Committee Debate: 3rd sitting: House of Commons
Mon 2nd Jul 2018
Voyeurism (Offences) (No. 2) Bill
General Committees

Second reading committee: House of Commons

Oral Answers to Questions

Helen Whately Excerpts
Tuesday 12th March 2019

(5 years, 2 months ago)

Commons Chamber
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Edward Argar Portrait Edward Argar
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The hon. and learned Lady will correct me if I am wrong, but I believe Professor Miller chairs that advisory group. We debated this issue in Westminster Hall some weeks ago and I read his report with interest. We note with interest the measures being considered by the Scottish Government to enhance human rights in Scotland, and the principles and seven recommendations set out in that report. Of course, Scotland’s legal system is separate and distinct from that of England and Wales, but I am considering that report, and others, with great care.

Helen Whately Portrait Helen Whately (Faversham and Mid Kent) (Con)
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6. What discussions he has had with the Crown Prosecution Service on improving prosecution rates for people responsible for female genital mutilation.

Lucy Frazer Portrait The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)
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Last night, the House unanimously passed legislation to further protect women and girls from the horrific crime of FGM, and I am pleased that my hon. Friend the Member for Mid Faversham and Kent served on the Bill Committee that was part of the passage of that legislation through the House. My hon. Friend asked particularly about improving prosecution rates, and I am pleased to tell her that each CPS area now has a lead FGM prosecutor. Those prosecutors will be working with their local police forces on arrangements for the investigation and prosecution of FGM offences.

John Bercow Portrait Mr Speaker
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The voice of Faversham and Mid Kent, rather than of Mid Faversham and Kent; I call Helen Whately.

Helen Whately Portrait Helen Whately
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I thank my hon. and learned Friend the Minister for her support for the FGM Bill that was passed last night and for her work in this policy area. As she knows, as many as 137,000 women and girls in the UK have suffered from FGM. I urge her to take further action to make sure that we end FGM in the UK.

Lucy Frazer Portrait Lucy Frazer
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My hon. Friend is not only a constituency MP in Faversham and Kent but the Conservative party vice-chair for women. She makes a really important point about the number of women who have suffered from this crime in the UK, pointing out that 137,000 women living in the UK right now are suffering the consequences of FGM. Some of those women had the crime inflicted on them here, while others had it inflicted on them in other countries, so our response needs to be two-pronged. First, we need to ensure that we support other countries, which the Department for International Development is doing—it recently made the largest single donation of £50 million to help countries overseas. Secondly, we need to tackle it in this country. We are taking a cross-governmental view, with many Departments taking action, from the Department for Education to the Home Office to the Department of Health and Social Care, and of course my Department is enacting legislation.

--- Later in debate ---
Lucy Frazer Portrait The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)
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As the hon. Gentleman will know, thresholds across the board, including in relation to criminal legal aid, are part of the legal aid review that we are now undertaking.

Helen Whately Portrait Helen Whately (Faversham and Mid Kent) (Con)
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T5. Some of my constituents have told me that they have waited over a year for a court date to appeal a welfare decision. Will my right hon. Friend assure me that he is taking steps to improve access to justice for benefit claimants?

Lucy Frazer Portrait Lucy Frazer
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My hon. Friend is right to highlight that we need to speed up the hearing times for people’s welfare claims. There are two aspects to that: the first is that we need to work with the Department for Work and Pensions, which we are doing, and I am doing with my counterpart in the DWP, to get decisions right first time; and the second is to speed up those hearings.

Children Act 1989 (Amendment) (Female Genital Mutilation) Bill [Lords]

Helen Whately Excerpts
Helen Whately Portrait Helen Whately (Faversham and Mid Kent) (Con)
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I congratulate my hon. Friend the Member for Richmond Park (Zac Goldsmith) on his work on this issue, particularly the progress of his Bill, and I pay tribute to Lord Berkeley, in the other place, who originally brought this measure forward, and to the vocal and courageous campaigners, such as Nimco Ali, who several Members have mentioned. It is the work of brave women such as her that is making a difference and turning the tide against FGM.

I am going to read out the story of a 14-year-old girl who now lives in the UK and who I will call Aminah, although I warn hon. Members that it might not make for very comfortable listening. She says:

“I was six years old when it happened to me. I knew what was going to happen, I knew they were going to cut me because a lot of my friends had had it done. My friends had told me that it was really painful, that it was horrible, so I was terrified. I was at school, when they told me it was ‘my time’. My uncle and aunt came to take me from the school. It was my sister’s time too - she was eight years old. The woman who cut us was my grandmother’s sister - and she was going to cut us in a tent near a huge tree. They used ropes to tie our legs apart and there were lots and lots of girls there. I could hear screaming, lots of horrible screaming and there was so much blood. Girls were crying. Then they said it was my turn. I ran away - I ran as fast as I could but they sent boys after me and they caught me. They took my legs and my arms and carried me back. One of them was my older brother - he helped carry me back to the cutter. They tied me down, I was fighting as hard as I could, but they were stronger. I was screaming. The old woman, my great aunt, used a razor blade - it was clean and new, but there was no anaesthetic when she cut me.”

Members can find out more about her story on the website of the sexual health charity, Brook. I read it because although we talk about FGM—we normally just use the acronym—it is the stories that really bring home how disgusting and completely abhorrent the practice is.

One of the most harrowing aspects of Aminah’s story is that it was done to her by people she trusted: her uncle, aunt and great aunt. FGM is carried out on girls by people who love them. It is done out of fear that uncut girls will not find husbands and will be ostracised or considered unclean by their communities. Some communities believe it can be used to control female sexuality and increase male pleasure, and it is done supposedly for these girls’ own good, but it can kill. For the majority who survive, the short and long-term health consequences are appalling: there is the immediate pain of being cut without anaesthetic, followed by a long, painful healing process; the risk of haemorrhage; the risk of infection from contaminated instruments; and, in the long-term, very serious health consequences from repeated urinary tract infections, difficulty menstruating and problems with childbirth, not to mention the trauma and psychological damage.

At least 200 million girls and women worldwide have undergone FGM. No religion endorses FGM, but myths and deeply ingrained traditions perpetuate it. In every society where it is practised, it is a sign of deeply entrenched gender inequality, and FGM is happening here in Britain too. According to the NHS, between April 2017 and March 2018, 6,195 women and girls were treated by the NHS for FGM, and in 85 of them, the FGM was known to have taken place in the UK, although the NHS is clear that this data is not complete, so the true figure could be substantially higher. The National FGM Centre estimates that 60,000 girls are at risk of FGM—either of being cut in the UK or being taken abroad to undergo the procedure—and that 137,000 girls and women in the UK are living with the consequences of FGM.

That is despite the fact that FGM has been illegal in Britain since 1985, that the Female Genital Mutilation Act 2003 created an offence of taking a girl abroad to undergo FGM and that the Serious Crime Act 2015 further extended the law by introducing an offence for failing to protect a girl from the risk of FGM and providing for the anonymity of FGM victims. Currently, anyone who commits FGM faces up to 14 years in prison and anyone found guilty of failing to protect a girl from the risk of FGM faces up to seven years in prison. As we know, last week, the mother of a three-year-old girl was sentenced to 11 years in prison. This was the first FGM conviction in the UK. It is awful, in some senses, that that can be considered a success—a success that a conviction was secured—but it has proved very difficult to secure convictions, and the fact that one has been secured sends, I hope, a strong message that FGM is not okay, and there will be consequences under UK law.

The 2015 Act also introduced FGM protection orders, which give courts powers including the power to remove children’s passports to prevent them from being taken abroad. The Bill will close a small gap in the law to make the process of issuing protection orders a little bit easier.

I will wrap up now, Mr Deputy Speaker, because I can see that you would like me to do so. Let me simply say that ending this barbaric practice, and overturning the misogyny that underpins it—as well as the cultural practices that have enabled it to continue—will not be easy, but the Bill brings us a small step closer to doing so, and every step that can save a child like Aminah from suffering as a result of FGM is a step worth taking.

Children Act 1989 (Amendment) (Female Genital Mutilation) Bill [ Lords ]

Helen Whately Excerpts
Helen Whately Portrait Helen Whately (Faversham and Mid Kent) (Con)
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It is good to be here today to play a part in this small but significant step towards trying to stop girls suffering FGM. I welcome the Minister’s prompt response and I congratulate my hon. Friend the Member for Richmond Park on bringing forward this private Member’s Bill. I acknowledge Lord Berkeley’s work in this area and Nimco Ali’s vigorous campaigning, which has brought the issue to the fore for many of us.

I add my disgust to what others have said about this completely abhorrent practice. It is shocking that it happens not only around the world and in Africa, but here in the United Kingdom. As my hon. Friend the Member for Richmond Park mentioned, it has awful consequences for the girls and women who suffer it, from the sheer pain and risks of infection, to the lifelong consequences, which include mental and physical scarring, problems with childbirth and risk of death. We should do all we can to stop it, but clearly that is not easy. Despite the fact that FGM has been illegal in this country since 1985, there has been only one successful prosecution, so it is hard to stop.

NHS data tells us that FGM is happening in not insignificant numbers, so we must do whatever we can. The Bill is one step towards doing something. As my hon. Friend said, it will not completely stop FGM, but it is one step, along with education for girls and for adults who might think that FGM is okay; identifying girls at risk from FGM, and taking more steps to reduce those risks; and encouraging people who have suffered or who know that FGM is going on in their communities to speak up and to take action.

More must be done to ensure successful prosecutions when FGM occurs. We need to send out the strongest possible message that, as a society, we are completely against FGM and do not want it to happen in our communities, or to women and girls around the world. We must do everything we can, so I am glad to support the Bill as a step in that direction.

Legislation against Female Genital Mutilation

Helen Whately Excerpts
Monday 11th February 2019

(5 years, 3 months ago)

Commons Chamber
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Each Urgent Question requires a Government Minister to give a response on the debate topic.

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Lucy Frazer Portrait Lucy Frazer
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The hon. Lady, who I was pleased to work with on her private Member’s Bill on upskirting, raises some very important issues. She is right that we need to protect these vulnerable women, and I am pleased to say that, as she said, we have recently had a successful prosecution in this area.

Since 2015, the Government have introduced a number of measures to protect women and girls from female genital mutilation. We have created several offences, including failing to protect a girl from FGM. We have introduced civil protection orders, and there is a mandatory duty to report known cases involving under-18s. As I mentioned at the beginning, the Government will present a Bill in Government time.

As for the broader question of private Members’ Bills, the hon. Lady will know that many have passed through the House successfully, including important measures involving my own Department relating to emergency workers, to mobile phone technology, and—last Friday—to Finn’s law.

Helen Whately Portrait Helen Whately (Faversham and Mid Kent) (Con)
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I welcome my hon. and learned Friend’s commitment to ensuring that the Bill will be given Government time, but will she give me an indication of when she expects this amendment to the Children Act to be presented to the House?

Lucy Frazer Portrait Lucy Frazer
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I cannot give my hon. Friend a precise indication, as that is not within my power, but the Government intend to act very swiftly.

Oral Answers to Questions

Helen Whately Excerpts
Tuesday 13th November 2018

(5 years, 6 months ago)

Commons Chamber
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Helen Whately Portrait Helen Whately (Faversham and Mid Kent) (Con)
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15. What steps the Government are taking to help offenders find employment immediately after they leave prison.

Rory Stewart Portrait The Minister of State, Ministry of Justice (Rory Stewart)
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Focusing on education is about getting employers into prisons and making sure that the education that we provide is relevant not just to employment, but to local employment. If there is a shortage, for example, of window cleaners in an area, it is about making sure that prisoners can get education in window cleaning. We have launched the New Futures Network, which helps to settle employers into employing prisoners. Getting this right will mean employers learning, as Timpson has in the past, that prisoners can be among an employer’s most loyal, dedicated employees, changing their lives and ultimately protecting the public.

Helen Whately Portrait Helen Whately
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Women in East Sutton Park Prison in my constituency get to gain qualifications and work while they are in prison, but the nearest parole hostel is in Reading, so some have to quit their jobs after they leave prison. Could my hon. Friend look into this and see whether something can be done?

Rory Stewart Portrait Rory Stewart
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There is a big challenge about where prisons are located, as the whole House understands. It is often very helpful to have prisoners located near the place where they are eventually going to be settled. We are not able to do that in every case, but the Under-Secretary of State for Justice, my hon. Friend the Member for Charnwood (Edward Argar), is leading an investigation into new forms of women’s centres to provide rehabilitation and resettlement for exactly those women prisoners.

Voyeurism (Offences) (No. 2) Bill

Helen Whately Excerpts
3rd reading: House of Commons & Report stage: House of Commons
Wednesday 5th September 2018

(5 years, 8 months ago)

Commons Chamber
Read Full debate Voyeurism (Offences) Act 2019 View all Voyeurism (Offences) Act 2019 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 5 September 2018 - (5 Sep 2018)
Lucy Frazer Portrait Lucy Frazer
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I beg to move, That the Bill be now read a Third time.

I am very pleased to have this opportunity to speak. I cut short some of my comments on Report to ensure that I covered all the points. I would like to mention something that I did not say when I addressed the amendments tabled by my hon. Friend the Member for Christchurch (Sir Christopher Chope). It was suggested at one stage that he had opposed the legislation that will criminalise upskirting. I know that he never opposed it as a matter of substance, but objected to it as a matter of procedure, as we have heard today. Like other Members, he has made it clear that he supports criminalising this inappropriate behaviour. I spoke to him about his amendments, and I am very pleased to be able to address them at this stage.

I wish to highlight the fact that this is a simple but important piece of legislation with a very clear purpose—to fill a gap in the law in the prosecution of those who upskirt. I am grateful to Members across the House who have engaged with this Bill as it has progressed, and I hope that that spirit will continue in the other place. We can all be rightly proud of this Bill, and I would like to take this opportunity to thank everybody who has contributed to it.

There has been much discussion about the sharing of upskirting images. This is an important issue and one that we need to tackle as a Government. However, the Bill is narrow, and is not the right place to solve the many issues that have been raised. We will work with the Law Commission to look at legislation in relation to the sharing of intimate images.

We have welcomed the opportunity to debate the purposes of the Bill and whether it will capture all those who commit this offence. The Bill should catch those who should be criminalised and ensure that the reach of the criminal law does not extend to where it should not extend to. The post-legislative review in two years’ time will help ensure that the offences that the Bill will introduce are as effective and as comprehensive as intended. I am grateful to the House for its support.

I want to touch on the notification requirements, which are an important aspect of the Bill. It is not an issue that we take lightly, which is why we have committed to place those who commit this offence for reasons of sexual gratification on the sex offenders’ register, subject to certain thresholds to ensure proportionality, focusing resource on those who pose a significant risk to the community. I am confident that the Bill strikes the right balance in this regard.

We have had an interesting debate on hate crime. Although these are important issues, this Bill focuses on a narrow issue and it is not the right place to bring forward small, narrow legislation. However, hate crime is an area that the Government intend to look at closely, and we will be asking the Law Commission to conduct a review of hate crime.

Let me conclude by thanking once again and paying tribute to the hon. Member for Bath (Wera Hobhouse) for introducing the Bill and Gina Martin who first raised awareness of this important issue. I also wish to mention the important work of my right hon. Friend the Member for Basingstoke (Mrs Miller) both in her work as Chair of the Women and Equalities Committee and more broadly to ensure that the important issues in this Bill have been debated in this House. It is also important to recognise the contribution of my hon. Friend the Member for Christchurch who put forward ideas in relation to the sex offenders’ register. I am grateful to the hon. Member for Bolton South East (Yasmin Qureshi) and the Opposition for their support in getting this important Bill through the House so quickly.

Helen Whately Portrait Helen Whately (Faversham and Mid Kent) (Con)
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I agree with my hon. and learned Friend about the good work done by campaigners in this area. I want to make one specific point: so often women and girls have been told that it is their fault if they are harassed, because it is their fault for choosing to wear a short skirt, for example. Does she agree that the Bill puts into law the important point that the person at fault is not the woman or girl who chooses to wear the short skirt, but the person who chooses to harass them and makes the poor choice to take a photo up their skirt?

Lucy Frazer Portrait Lucy Frazer
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That is a very important point, and such legislation sends a message about how people should act in relation to women.

I was mentioning those who have played a significant part in this Bill’s progress. My hon. Friend served on the Committee, and I also thank the other members of the Committee; we had an interesting debate on the provisions before the recess.

I thank, too, the other parties’ spokespeople on justice: the hon. and learned Member for Edinburgh South West (Joanna Cherry), and the hon. Members for Belfast South (Emma Little Pengelly) and for Dwyfor Meirionnydd (Liz Saville Roberts). I worked closely with them as this Bill went through the House. I also extend my thanks to our hard-working Bill team, our private offices, our parliamentary private secretaries and the Whips, who can get overlooked at times. I also thank the Clerks and the other parliamentary staff for their sterling work and support on this issue.

It has been an honour to take the Bill from Second Reading through to today, particularly given the strong support from all parties across the House. I wish the Bill a safe and speedy passage through its remaining stages.

Voyeurism (Offences) (No. 2) Bill (Third sitting)

Helen Whately Excerpts
Committee Debate: 3rd sitting: House of Commons
Thursday 12th July 2018

(5 years, 10 months ago)

Public Bill Committees
Read Full debate Voyeurism (Offences) Act 2019 View all Voyeurism (Offences) Act 2019 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 12 July 2018 - (12 Jul 2018)
Stella Creasy Portrait Stella Creasy
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We are going to come on to some of the broader questions underpinning the offence. The sad truth is that this is not the first time that people have tried to humiliate, and to humiliate mainly women. This is not the first time that there has been a sense of entitlement to see, to judge and to talk about the privacy of a woman’s body. Do I have confidence that there would be people on the jury who would think, “Well, fair play”? Sadly, that is the society that we live in and we are making legislation in that society. I wish I could be with the hon. Gentleman in having confidence that in the 21st century people would recognise that treating women as pieces of meat for their entertainment is no longer acceptable, but, sadly, both case law and modern society tell us that we still have a long way to go.

The risk for all of us is that we create a loophole in the legislation, where people quibble about whether it was entertaining or not, rather than ask the simple question: did she say yes? Did she say she was happy for it to happen, because it was something she was doing for her career, or whatever? I wager him that we would have a case where we would have that kind of discussion, and ask him to think what it would be like for the victim in that circumstance to have motivation pored over in court, rather than the simple question of whether she said yes or no.

We are not pushing these amendments to a vote today, but we have to recognise that there is a risk that there could be a loophole. There is a risk that we are sending a message from this place that our focus is going to be all about the ins and outs of motivation, rather than on saying that, in 2018, consent and equality are what matters in our legislation and we will introduce legislation accordingly.

Helen Whately Portrait Helen Whately (Faversham and Mid Kent) (Con)
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I rise to speak briefly on the question of motive, which we are all clearly thinking about. Although there is widespread support for the Bill, this is an important question on the detail.

I certainly feel that the weight of evidence we heard was on the side of victims, and victims arguing that motive should not matter. If someone were a victim of upskirting, whatever the reason for doing it, it would still feel awfully humiliating and degrading for that person. We have heard the concern that someone might argue in defence that it was just for a laugh or high jinks. I do not think any of us believe that that is appropriate, because it would be deeply humiliating, but there is a concern that that might be argued as a defence—even though, as my hon. Friend the Member for Cheltenham, who has expertise in the area, has said, it would be highly unlikely that that would be permissible as a defence as the intention would clearly be to humiliate somebody.

The weight of evidence has been in support of the principle that motive should not matter. We should just think about the other side. Who would give evidence on the other side of the argument? There are lots of people who are standing up for victims, and we heard very compelling cases from people who have been victims, including a very powerful one that we have been asked not to quote from.

There was only one witness who gave the other side of the story very strongly. Lisa Hallgarten from Brook said:

“It is interesting that we are going from lots of schools not even excluding a child who has been proven to be involved in sexual bullying or harassment to moving to prosecution. It would be good to think about the different steps that are appropriate at different ages for a child and different kinds of offence.”––[Official Report, Voyeurism (Offences) (No.2) Public Bill Committee, 10 July 2018; c. 32, Q73.]

What she brought to light is that we are going from nought to 60 here. The Government are absolutely doing the right thing and I have huge respect for the hon. Member for Bath for pushing this—we must urgently plug this loophole in the law—but there is a question of proportionality and of making sure that we do not unintentionally criminalise people. Being a criminal would have such a huge impact on lives—I think about teenagers. As I say, it is totally inappropriate to do this for a laugh, and the level of sexual harassment and bullying in schools concerns me. The Minister mentioned that 10-year-olds and upwards may be criminalised by the Bill, so we must be mindful of the need to get the balance right.

Many of us have an instinct to be campaigners. We stand up for the women of the world and we want to put an end to such horrendous, degrading offences, which technology has made possible—the law has not necessarily kept up with technology—but in this room we are not so much campaigners as legislators. We must be conscious of the enormous power of Government, which has certainly struck me since I became a Member of Parliament, and ensure that our decisions are proportionate.

None Portrait The Chair
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If no one else wishes to speak, I call Liz Saville Roberts.

Oral Answers to Questions

Helen Whately Excerpts
Tuesday 10th July 2018

(5 years, 10 months ago)

Commons Chamber
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Rory Stewart Portrait Rory Stewart
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This is a very serious point and a very serious challenge. I will be following up this allegation with the governor. The governor has generally done a very good job in Berwyn, and the report that the hon. Lady raises is very disturbing. We must be clear that we have to support our prison officers. We are doing that through supporting a private Member’s Bill to double the sentence for assaults, and investing in body-worn cameras and trials of PAVA spray. But unless we have decent safety regimes, it is almost impossible to do other forms of rehabilitation. We need to learn from the prisons that are doing best in reducing violence. I pay tribute, for example, to Wandsworth, which has made a lot of progress over the past 12 months.

Helen Whately Portrait Helen Whately (Faversham and Mid Kent) (Con)
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9. What steps the Government is taking to improve the management of female offenders in the criminal justice system.

Edward Argar Portrait The Parliamentary Under-Secretary of State for Justice (Edward Argar)
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I am pleased that, as my right hon. Friend the Secretary of State has set out, on 27 June we published our new strategy for female offenders. This set out our vision and plans to improve outcomes for women in the community and in custody, but, most importantly in doing so, to help reduce reoffending and see fewer victims of crime. A key theme of the strategy is the need for a joined-up approach to addressing the often complex needs of female offenders, including through new women’s residential centres, which give judges an alternative to short custodial sentences.

Helen Whately Portrait Helen Whately
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I congratulate my hon. Friend on his new role. East Sutton Park prison in my constituency has a fabulous reputation for preparing women offenders for life back in the real world. For instance, 90% of its inmates do not reoffend within two years, which, as he will know, is much better than the general national statistics. While I welcome the plans to reduce custodial sentences for women, may I ask for his support for this model prison in my constituency and invite him to come and see it for himself?

Edward Argar Portrait Edward Argar
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As I highlighted in my response to my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson), while a custodial sentence should always be an option, there is strong evidence that short custodial sentences do not achieve the best rehabilitation and reduction of reoffending outcomes. I recognise that women’s prisons, including East Sutton Park, of which my hon. Friend is a strong champion in this Chamber, are among our best. We will continue to work with it and I would be delighted to visit.

Voyeurism (Offences) (No. 2) Bill (First sitting)

Helen Whately Excerpts
Tuesday 10th July 2018

(5 years, 10 months ago)

Public Bill Committees
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Liz Saville Roberts Portrait Liz Saville Roberts
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Q Would the fact that it should be done in two months override the need for thoroughness?

Gina Martin: No, of course not.

Helen Whately Portrait Helen Whately (Faversham and Mid Kent) (Con)
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Q I want to raise a couple of things. First, you said that you have been hearing from hundreds of women. Is it your impression that this is happening all the time on a daily basis and really is extensive? As Gillian said, many people had not even heard of this until your campaign, but it seems to have suddenly brought something into the open. Is it your impression that it is really quite common now?

Gina Martin: Yes, and a big part of that is because a lot of women do not know it has happened to them. It is incredibly secretive assault. A study done recently by a women’s magazine asked women to give their stories of it anonymously. The feedback it got was that up to 80% of women said that they felt harassed and upset, but a lot women said that people had seen it happen to them. People feel that this is something that happens to women—and men and children—extensively, but they do not know it has happened because it is very hard to see it. I was lucky that I saw the picture. That is why we have not spoken about it for so long, and it has been normalised and accepted in society for so long. This campaign has ignited a conversation, so of course people have flooded in, talking to me. I am the only one who has ever gone out and said loudly that it has happened, so I think they trust me, which is nice.

Helen Whately Portrait Helen Whately
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Q It is also why you want to see action taken quickly on this, rather than solve a bigger problem.

Gina Martin: Yes, because it has always been happening.

Helen Whately Portrait Helen Whately
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Q You talk about closing the loophole whereby upskirting is not covered properly by current law. You have also clearly been very thoughtful about when it would be appropriate for someone to be put on the sex offenders register versus when it would not. You have been clear about ensuring that that is the case for someone who is a sexual predator, but am I right that you think that some people should go on the sex offenders register but that a distinction needs to be made with teenagers fooling around? You think there should be a distinction between the most serious sexual predators who are upskirting and others who are not doing it with the same motivation.

Gina Martin: Yes, 100%. If I did not think that, the amendment would not be valuable. Obviously, there is a distinction between someone who has 5,000 photos on their phone and a 13-year-old who does it once and does not fully understand the full repercussions of his actions. I feel like the Bill that we have put forward covers all those instances and can be used case by case, objectively by prosecutors.

Helen Whately Portrait Helen Whately
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Thank you.

Mary Robinson Portrait Mary Robinson
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Q Just on that point, where would the balance be? We are differentiating between a younger person fooling around, taking photos and sharing them and someone who has a different, more sinister intent, but would the impact on the person who is the victim not be the same? How are we going to get the balance between thinking about the intent of the person committing the crime and the impact on the victim? After all, the victim comes forward because of the impact on them.

Gina Martin: In each situation that this happens in, regardless of where it is, the age of the person and so on, it is very hard for me to say specifically where it is on the spectrum of how they feel. I have friends who it has happened to. They half did not know it was happening, but it happened to them and they were embarrassed and they left. Their instance was not as violently violating as mine felt. It is difficult for me to know, but that is something where the Bill needs to look specifically at each person’s circumstance. Currently we cannot do that.

Voyeurism (Offences) (No. 2) Bill

Helen Whately Excerpts
Second reading committee: House of Commons
Monday 2nd July 2018

(5 years, 11 months ago)

General Committees
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Helen Whately Portrait Helen Whately (Faversham and Mid Kent) (Con)
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It is a pleasure to serve under your chairmanship, Ms Buck, and to follow my hon. Friend the Member for Cheltenham, who effectively brought to life how things may play out in the courtroom.

I intend to speak briefly in support of the Bill. I remember being groped on the underground aged 18. It was over in a moment, but the memory of the experience lives on. I remember feeling violated and exploited. I remember the anger, the shock and the feeling of powerlessness as the man who did it just melted away into the crowds in the station. I remember the feeling of absolute helplessness, but I think about how much worse it would have been had it happened now and involved a camera, and had there been footage that could have been shared, disseminated and sold on the extraordinary scale we have heard about.

Like other Members, I praise the hon. Member for Bath for her work and Gina Martin for her campaign, which has brought so much attention to this issue. I also praise the Minister, who has clearly listened and taken swift action.

I welcome the thoughtfulness in the Minister’s approach. She seeks a balance between effective action and clear penalties and not being too heavy-handed, particularly with young perpetrators of this offence. However, we still need to send a strong message to young people. We must bear in mind, for instance, the level of sexual harassment in schools, which I hear about particularly from sixth-formers. We have a generation who are growing up with phone cameras and, I am afraid to say, easy access to pornography online, and who face extraordinary sexual peer pressure on social media. Those things combine to create a toxic environment for young people.

In short, I welcome the Bill, both for its practical effect and for the message it sends about what is okay and what is not okay in our society.