Victims and Prisoners Bill

Baroness Morgan of Cotes Excerpts

Report stage
Tuesday 23rd April 2024 Lords Chamber

[Baroness Morgan of Cotes (Con)]

My Lords, I shall speak to Amendments 87A, 88A and 158, which, as the Minister has already said, discuss additional protections for victims of rape who are subject to requests for third-party material. I thank my noble friend Lady Finn, and the noble Baroness, Lady Brinton, for their support for these amendments, which I know are also supported by my noble friend Lady Newlove, the Victims’ Commissioner, and across the House as well. I am sorry that I was not able to speak to them myself in person—I am very grateful to those who did —in Committee due to a family emergency.

The Government argue that their amendment covering these issues sets out clearly in law that the police should request third-party materials only if they are necessary and proportionate to a reasonable line of inquiry. However, these amendments do no more than reinforce existing legal provisions that are already not adhered to. No additional safeguards or protections are being offered. This will do nothing to change policing culture around excessive requests because it will merely reaffirm what already exists in law rather than encouraging operational change. I listened very carefully to what the Minister had to say. Although I do not necessarily intend formally to move these amendments this evening, I am concerned to hear that the third-party material we are talking about is not going to be treated as sensitively as mobile phone data because the material we are talking about could be medical material, school information or even social services records. It may be created by a third party, but it is all sensitive data about the victim of a rape or a serious sexual assault. I think it is a mistake not to have entertained more the protections that we are talking about in these amendments.

Just last week, the Home Office published its report of a case file review of police requests for third-party material in rape cases. The findings are truly shocking, and I encourage anybody who does not believe this is an issue to read that report in full. I think we should consider the findings regarding each of the tests that the police are supposed to apply when making requests for this material. First, is it necessary? In the review of 342 third-party material requests, only 176 requests had a recorded rationale, leaving 49% of requests without an explanation for the necessity of that request. Is the request proportionate? The report found that nearly two-thirds of requests did not contain any parameters, such as a timeframe, to limit the amount of information about the victim being requested. Is the request following a reasonable line of inquiry? Nearly one-quarter of rationales given for the third-party material request were generic or not specific to the case. If the reasoning for making a third-party material request is speculative, it is unlikely to be necessary to make the request in pursuit of a line of inquiry.

We know there is a problem, but there is also a solution. As we have already heard, there is a well-developed framework within the Police, Crime, Sentencing and Courts Act 2022. That framework applies to requests for digital data held on phones, and it sets out that requests for victims’ digital data must receive the consent of victims. If consent is not received, this must not lead to the termination of the police investigation. One of the most serious aspects of this is that where the victim does not give consent, that is almost used as a reason to drop the investigation, which is devastating for the victim concerned. In that Act, there are strong safeguards offering key protections for vulnerable victims. That is what these amendments seek to do: to amend the wording in the Bill to mirror that in the Police, Crime, Sentencing and Courts Act.

Anecdotal evidence from victim advocates indicates that, since that Act was introduced, they have seen fewer requests, as well as requests being more appropriate in scope, because of that framework. I do not understand why the Government will not adopt that framework for third-party material requests. It does not make any sense to have two different regimes. Often, this material is sought in tandem. It would be better for victims, and for the police, for there to be one regime.

Victims of crime should not be forced to choose between their own privacy and their right to justice. I hope the Government will look favourably on these amendments, if not now, then in the future.

I want briefly to pay tribute to the work of my noble friend Lady Bertin for Amendments 87, 88, 89 and 94. She is absolutely right that victims and survivors of sexual violence should never have to choose between seeking justice and accessing therapy and support. I thank all those across the House who have supported her in making that case, and my noble friend the Minister for listening.

[Baroness Newlove (Con)]

My Lords, I am using IT in this speech—trying to get trendy, as my daughters tell me to do. My apologies, as I have sausage fingers with arthritis.

First, I would like to speak to Amendment 85. In April 2018, I published a report highlighting the discrepancies between the treatment of those victims whose perpetrator was serving a sentence in prison and those whose perpetrator had been detained under the Mental Health Act. I pressed the Government for change. Dame Vera Baird, who followed me, also took up the cudgels on behalf of this too-often overlooked group of victims. Our argument was that the grief and trauma caused by serious violence and sexual crime was no less if the perpetrator was in a hospital rather than a prison. They all deserve support. They all deserve to have their voices heard.

When I returned to the office last October, there remained unfinished business. Victims of patients detained in hospitals still could not submit a victim’s personal statement to the tribunal when discharge was being considered. Neither could they attend the hearing to present. I am therefore delighted that, on this occasion, the Government and my noble friend the Minister have listened and acted. I welcome the government amendment, which will ensure that, at long last, there will be parity of treatment for this group of victims. I again thank the Minister and his team for bringing this about. I feel sure that it will be welcomed across the House.

I support of Amendments 87A and 88A, which would, if adopted, increase protections for victims of rape who are subject to requests for third-party material. Before turning to those amendments, I thank the Government for their thoughtful consideration of amendments tabled in Committee by my noble friend Lady Bertin. These sought to provide additional protections for victims around notes of therapy, measures which I truly support. I am delighted that the Government have agreed to change the legal threshold for this material, and I hope that they may be persuaded to provide greater protections around other forms of third-party material.

I turn now to Amendments 87A and 88A. The Government argue that their own amendment to the Bill will stop demands for personal and private information from rape complainants but, as they stated in Committee, their clauses do nothing more than consolidate the current legal framework—a framework which has not been followed. How can things change? The Home Office report to which my noble friend Lady Morgan already referred found that, in almost a quarter of these cases, credibility was specifically cited as the reason for requesting third-party material. While credibility can sometimes form a reasonable line of inquiry in investigations, it is most often used in rape investigations. That is because, in rape cases, it is the victim who is being investigated to see if they are believable or credible, not the accused. In no other crime type is the credibility of the victim so scrutinised. Victims must be properly protected from these intrusive demands, as they have been by the Government’s measures in the PCSC Act, which successfully curbed the ambiguous practice of digital download from complainants’ phones—the digital strip-search, as it was known. The Government could, as it did there, introduce a new regime that empowers and protects victims, but instead they are merely reiterating the current framework and hoping that guidance will elicit change. It will not. The officers making the requests referred to in the Home Office report were operating under the existing framework —the same framework that the government clauses will consolidate in this Bill.

The Government point to the defendant’s right to a fair trial as the reason why Amendments 87A and 88A cannot be adopted. But there are other legal mechanisms available to the police and prosecution to obtain this material if the complainant does not agree to access, so the right to a fair trial is not impacted. Additionally, these amendments would provide consistency with the framework around digital material. This consistency is good for the police, and it is so good for the victims.

I urge support for Amendment 87A and 88A, which, along with the Government’s own measure on digital material, and now on notes of therapy, make a significant difference to the victims of this horrendous crime. I also support Amendments 77 and 78, which both seek to provide rape victims with legal advocacy when their right to privacy is engaged by the system. The Government have promised on numerous occasions to explore this option, but they have yet to do so in a meaningful way. It is being considered as a recommendation to the Government by the Law Commission, precisely because of the huge invasions of privacy that victims experience if they report a rape. I urge noble Lords to support these measures.

Domestic Abuse Bill

Baroness Morgan of Cotes Excerpts

Report stage
Wednesday 10th March 2021 Lords Chamber

Moved by

[Baroness Morgan of Cotes]

48: Before Clause 65, insert the following new Clause—
“Disclosure of private sexual photographs and filmsThreats to disclose private sexual photographs and films with intent to cause distress
(1) Section 33 of the Criminal Justice and Courts Act 2015 (disclosing private sexual photographs and films with intent to cause distress) is amended as follows. (2) In the heading, after “Disclosing” insert “, or threatening to disclose,”.(3) For subsection (1) substitute—“(1) A person commits an offence if—(a) the person discloses, or threatens to disclose, a private sexual photograph or film in which another individual (“the relevant individual”) appears,(b) by so doing, the person intends to cause distress to that individual, and(c) the disclosure is, or would be, made without the consent of that individual.”(4) In subsection (2)—(a) after “disclose” insert “, or threaten to disclose,”;(b) for “the individual mentioned in subsection (1)(a) and (b)” substitute “the relevant individual”.(5) After subsection (2) insert—“(2A) Where a person is charged with an offence under this section of threatening to disclose a private sexual photograph or film, it is not necessary for the prosecution to prove—(a) that the photograph or film referred to in the threat exists, or(b) if it does exist, that it is in fact a private sexual photograph or film.”(6) In subsection (4)(a), after “disclosure” insert “, or threat to disclose,”.(7) In subsection (5)—(a) in paragraph (a), for “the individual mentioned in subsection (1)(a) and (b)” substitute “the relevant individual”;(b) in paragraph (b), for “the individual mentioned in subsection (1)(a) and (b)” substitute “the relevant individual”.(8) For subsection (8) substitute—“(8) A person charged with an offence under this section is not to be taken to have intended to cause distress by disclosing, or threatening to disclose, a photograph or film merely because that was a natural and probable consequence of the disclosure or threat.”(9) In section 35 of that Act (meaning of “private” and “sexual”), in subsection (5)(c), for “the person mentioned in section 33(1)(a) and (b)” substitute “the relevant individual (within the meaning of section 33)”.(10) In Schedule 8 to that Act (disclosing private sexual photographs or films: providers of information society services)—(a) in the heading, after “Disclosing” insert “, or threatening to disclose,”;(b) in paragraph 5 (exception for hosting)—(i) in sub-paragraph (1), after “sub-paragraph (2)” insert “, (2A)”;(ii) in sub-paragraph (2), in the words before paragraph (a), after “if” insert “, in the case of information which consists of or includes a private sexual photograph or film,”;(iii) after sub-paragraph (2) insert—“(2A) This sub-paragraph is satisfied if, in the case of information which consists of or includes a threat to disclose a private sexual photograph or film, the service provider had no actual knowledge when the information was provided—(a) that it consisted of or included a threat to disclose a private sexual photograph or film in which another individual appears, (b) that the threat was made with the intention of causing distress to that individual, or(c) that the disclosure would be made without the consent of that individual.””Member’s explanatory statement
This new Clause would amend the offence under section 33 of the Criminal Justice and Courts Act 2015, of disclosing a private sexual photograph or film with intent to cause distress to an individual who appears in the photograph or film, so as to include threats to disclose private sexual photographs and films.

[Baroness Morgan of Cotes (Con) [V]]

My Lords, it is a pleasure to take part in the later stage of debates on this important Bill, and to move Amendment 48. I thank my noble friend Lady Hodgson and the noble and learned Lord, Lord Judge, for their support, and particularly my noble friend the Minister for adding his name to this amendment. I thank the noble Baronesses, Lady Crawley and Lady Grey-Thompson, who supported the amendment that I tabled in Committee, and I thank all the Ministers involved in the Bill, in this House and in the House of Commons, for their engagement on the issue of criminalising the threat of sharing intimate images.

I pay tribute to Refuge, particularly its tech abuse team, who first identified this as an issue, and to those brave survivors who have spoken out about the toll that the sharing of images and the threat of sharing images has taken on them. They have been very clear about the devastating long-term impact on their lives. If any noble Lord or anyone watching this debate has any doubt about that, I recommend that they watch the very powerful film that the survivor Zara McDermott has made about this, which was released within the last month.

--- Later in debate ---

[Lord Wolfson of Tredegar (Con)]

My Lords, my noble friend Lady Morgan is to be congratulated on bringing forward these amendments. As she has explained, the amendments seek to extend the scope of the offence at Section 33 of the Criminal Justice and Courts Act 2015, commonly known as the revenge porn offence, additionally to criminalise threats to disclose such images. Importantly, in any prosecution there is no need to prove the images exist at the time of the threat.

I reiterate that the Government consider that the revenge porn offence has worked well to date. There have been over 900 convictions for the offence since its commencement in April 2015. I am pleased to see that the creation of this offence has offered victims protection under the criminal law from the deeply distressing behaviour of sharing private intimate images.

I am very grateful for the discussions that I have had with the sponsors of the amendment in addition to my friend Lady Morgan: my noble friend Lady Hodgson of Abinger and the noble and learned Lord, Lord Judge. I have been happy to add my name on behalf of the Government to the amendment.

However, we cannot rest on our laurels. We must be alert, as the noble Lord, Lord Russell of Liverpool, said, to changes in technology, including the misuse of social media and the opportunities to abuse and distress others that such developments can bring. While we have a range of criminal offences that in many instances can deal with those who threaten to share intimate material with others, it is vital that we ensure that the criminal law remains fully equipped to deal with any new problems in this constantly developing area.

It was with this in mind that the Government asked the Law Commission to review the law in this area. That review has considered the existing offences relating to the non-consensual taking and sharing of intimate images to identify whether there are any gaps in the scope of protection already offered to victims. Noble Lords will be pleased to note that on 27 February the Law Commission published the consultation paper on the review. The consultation ends on 27 May and I encourage noble Lords to consider contributing to that public engagement, as my noble friend Lady Morgan of Cotes said.

The consultation paper puts forward a number of proposals for public discussion, including the need to address those who threaten to disclose intimate images. I look forward to the Law Commission’s full proposals in this area once its final recommendations are published later this year. I agree with the noble Lord, Lord Russell of Liverpool, that the law must keep pace with technological developments. I would not say that we are behind the curve but I think that it is fair to say that the curve itself is constantly moving. While it would be wrong of me to pre-empt the consultation and the Law Commission’s eventual findings, I think the fact that the commission has acknowledged that threats to disclose intimate images should be further considered adds strength to the calls to extend the revenge porn offence, as provided for in Amendment 48.

We have listened to the passionate calls for change from victims. They have bravely shared their distressing, and sometimes life-changing, experiences of suffering at the hands of those who would manipulate and torment them with threats to share their most personal and intimate images. That point was made during this short debate by the noble Baronesses, Lady Crawley and Lady Uddin, and in particularly moving terms by the noble Lord, Lord Paddick. Since I have just mentioned the noble Baroness, Lady Uddin, I remind her that sex and relationship education is part of the national curriculum.

We have also taken note of the views of campaigners and fellow parliamentarians. I remember the strength of feeling in this House in Committee, when my noble friend and others proposed a similar amendment to the one now before us. We have reflected on those calls and that debate and we are happy to support these amendments, which will extend the parameters of the Section 33 offence to capture the threat of disclosure.

As was noted by the noble and learned Lord, Lord Judge, and the noble and learned Baroness, Lady Butler-Sloss, Amendment 48 stays as close as possible to the provisions and drafting of the existing Section 33 offence, rather than making any broader changes to the law in this area. I suggest that that is the right approach given the Law Commission’s ongoing work. I assure the noble and learned Lord and the noble and learned Baroness that the Law Commission is specifically considering the intent issue as part of its work. I am grateful that the amendment also has the support of the noble Baronesses, Lady Jones of Moulsecoomb and Lady Wilcox of Newport.

I should say something in response to the speech made by the noble Baroness, Lady Fox of Buckley. This is nothing to do with criminalising speech and we are not dealing with just domestic abuse here. This is a broad offence that applies throughout criminal law; it does not apply just in the context of domestic abuse. While I agree that other criminal law offences, such as blackmail and harassment, can be applicable in this area—a point I made in Committee—the Government have been persuaded that it is right and appropriate to have this specific offence in this area of the law.

For those reasons, I believe that this reform will create a clear and consistent enforcement regime for both threats and actual disclosures, thereby providing greater protection to those who may have had to endure such intrusive and distressing behaviour. It has been a pleasure to be able to add my name to these amendments, and I join my noble friend in commending them to the House.

[Baroness Morgan of Cotes (Con) [V]]

My Lords, I thank all noble Lords who spoke in the debate on these amendments. As we heard the noble Lord, Lord Russell, put so eloquently, victims are suffering. I am pleased that the Government have decided that they do not have to wait until the conclusion of the Law Commission process.

Like other noble Lords, I pay particular tribute to the noble Lord, Lord Paddick, for being so brave and clear about his own personal experiences of these issues, which will be outlawed by my amendment. I thank him for sharing his experiences with the House.

Like the Minister, I took careful note of what was said by the noble and learned Lord, Lord Judge, and the noble and learned Baroness, Lady Butler-Sloss. They pointed out that this is not the end of the matter, of course, and that the use of “intent” will be looked at during the course of the Law Commission consultation.

For those who remain in any doubt, I want to share just one of the stories that I heard about. It relates to Rachel, a lady who was physically abused by her partner. After her partner had been arrested and released by the police because of the physical abuse, he threatened to disclose the many images he held on his phone to Rachel’s family and friends unless she went back to the police to change her evidence about the level of physical abuse that she had suffered. She did so and he thought that he had gotten away with it until, sadly, the abuse continued to escalate; at that point, Rachel decided that she had to get out of the family home with her children. I am pleased to say that she is now in a much more positive and better place, but the fact that victims are changing their behaviour and evidence, allowing perpetrators access to their families and returning to them, shows, in addition to the mental suffering, the very real toll that the threat of showing these images has on their lives. It just shows the very real effect that these victims suffer.

I thank the Minister for adding his name to my amendment and I thank his officials in the Bill team, who worked so hard on drafting this amendment and the consequential ones. I am grateful to them and to him for allowing me to move this amendment, and I take great pleasure in moving Amendment 48.

Amendment 48 agreed.

Domestic Abuse Bill

Baroness Morgan of Cotes Excerpts

Committee stage & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Monday 8th February 2021 Lords Chamber

Moved by

[Baroness Morgan of Cotes]

162: After Clause 72, insert the following new Clause—
“Threats to disclose private sexual photographs and films with intent to cause distress
(1) Section 33 of the Criminal Justice and Courts Act 2015 is amended as follows.(2) After subsection (1) insert—“(1A) It is an offence for a person to threaten to disclose a private sexual photograph or film if the threat is made—(a) without the consent to the threatened disclosure of an individual who appears, or is stated to appear, in the photograph or film, and(b) with the intention of causing that individual distress.”(3) In subsection (2), for “subsection (1)(a) and (b)” substitute “subsections (1)(a) and (b) and (1A)(a) and (b)”.(4) In subsection (3), after “disclosure” insert “or threat to disclose”.(5) In subsection (4)(a), after “disclosure” insert “or threat to disclose”.(6) In subsection (5), for “this section” substitute “subsection (1)”.(7) In subsection (8)—(a) after “disclosed” insert “or threatened to disclose”;(b) after “disclosure” insert “or threat to disclose”.”Member’s explanatory statement
This Clause will make the threat to disclose private sexual photographs and films with intent to cause distress a criminal offence.

[Baroness Morgan of Cotes (Con) [V]]

My Lords, Amendment 162 is in my name and the names of the noble Baronesses, Lady Hodgson of Abinger, Lady Crawley and Lady Grey-Thompson. I thank them, and the noble Lord, Lord Macdonald of River Glaven, for their support. I am grateful to all noble Lords who indicated their support to me for this change in the law. I also thank Ministers in both Houses for their constructive engagement on this matter so far and, in particular, the Secretary of State for Justice, who was himself involved in securing the change to the law in 2015 to criminalise the sharing of intimate images, otherwise known as “revenge porn”.

As I said on Second Reading, more and more of us are using technology and living our lives online, and never more so than in the last 12 months. I want to thank the charity Refuge which, with its Naked Threat campaign, has a specific tech abuse team. It launched its campaign because one of the abuses reported to them in more and more cases was the making of threats to share intimate images. Even before the pandemic, 72% of women accessing Refuge’s services said they had been subjected to technology-facilitated abuse. Most often, these images had been taken in the course of a relationship, and the majority of women who had been threatened in this way had been threatened by a current or former partner. That is why I would argue that this Bill is the right place for this House to recognise and criminalise these threats.

At its core, this is an issue about the exercise of control by one person—the abuser, the maker of the threats—over another. Too often, the threats are followed by physical abuse. If anyone should doubt the prevalence, the research conducted by Refuge as part of its campaign found that one in 14 adults in England and Wales had experienced the threat to share. That is equivalent to around 4.4 million people, and younger women were disproportionately impacted by threats to share, with one in seven having experienced this form of abuse.

What is the impact of the making of such threats? Figures from Refuge show 83% of threatened women said the threats to share their intimate photos or videos impacted their mental health and well-being. About 78% said they changed the way they behaved as a result of the threats. But more worrying is that one in 10 women said the threats had forced them to allow the perpetrator to have contact with their children, and almost one in 10 said they were forced to continue or resume their relationship with the perpetrator and/or tell them where they now were.

I want to pay tribute to those victims who have told their stories and been prepared to come forward. The hour is late, and I do not want to detain the House, because I know there are other noble Lords who want to speak on this amendment, too. But I want to mention one victim who has come forward. Natasha was threatened by her ex-husband. He is now in prison and I am pleased to say she is happily remarried. She said:

“Knowing an abuser has intimate photos feels like you’re being violated. Those images were for his own gratification and a tool to keep me compliant. I had no way of proving my ex had shared these images but the threat of sharing them was equally distressing and compounded my isolation.”


The reason these brave victims and, sadly, millions of others, are not getting the protection they should is that they are too often told that no police action can be taken until the images are actually shared. Of course, the actual sharing of the images might take place, but just as likely, if a partner or ex-partner wants to exercise control over and play havoc with their victim’s life, they will leave the threat hanging out there, often for many years. So the police and everyone else need to know and be clear in their own minds that the making of threats is an offence and should be prosecuted, in the same way as the actual sharing of intimate images was made a crime by this Government under Section 33 of the Criminal Justice and Courts Act 2015. I should also point out that in Scotland, the threat to share is already an offence.

Having said all of this, and hopefully made the case for why the law should be changed, I do not think that there is too great a difference between those of us who support the amendment and my noble friend the Minister on this matter. I believe that the Government accept that there is a gap in the law which needs to be addressed. The real issue is one of timing. As I understand it, the Government would prefer to wait until the Law Commission has published its consultation on image-based abuse overall and then made its recommendations. But we were promised this consultation early this year; I suspect Ministers hoped that it would be published before we reached this stage of the Bill, but we are still waiting, and this is only a consultation. The recommendations to follow and then the change in the law could take several more years.

I do not disagree that a full review of the law on image-based abuse would be welcome, but in the meantime we have a Bill before us which, as I said at Second Reading, provides an opportunity to tackle this abuse now. Ultimately, this amendment would not make it more difficult to eventually extend the law on broader image-based abuse, but approving it now, and including it in the Bill, would protect millions of women and victims of domestic abuse sooner than some indefinite date in the future. I hope the Minister will therefore accept that the time for action against these threats is now. I urge all noble Lords to support this amendment, and I beg to move it.

[Baroness Crawley (Lab) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Morgan, and to add my name to her important and transformative amendment, alongside the noble Baronesses, Lady Hodgson and Lady Grey-Thompson. The noble Baroness, Lady Morgan, has set out with great clarity and passion the urgent need for this amendment to fill the very obvious gap in the current law on sharing intimate images.

In my many years of making the case for women’s rights, both here and internationally, I have come to the conclusion that technology is a wonderful thing—until it becomes an instrument of control and abuse, directed so often at women and girls as they are bullied, harassed and threatened online. We may hear the Government’s response to this amendment asking us—as the noble Baroness, Lady Morgan, has said—to wait for the relevant Law Commission review. We know that that review began in 2019, following on from a scoping review in 2018, and that it is not going to report until the end of this year, 2021. There will then be a government review, and that will take us into 2022. There is no guarantee that any legislative action will take place immediately, in the medium term or in the long term—or before the next general election, for that matter. This is not good enough.

There can be horrendous consequences of so-called revenge porn: anxiety, depression, life-changing behaviour and, while suicide is not common, neither is it unheard of. Rachel lived in absolute fear of having intimate images taken without her knowledge sent to her family. It left her so hopeless and desperate that she became suicidal. The anxiety also left her unable to report the other horrendous abuse by her partner that she was suffering, because, as is so often the case, the threat to disclose intimate images is part of a pattern of abuse that is extreme. Refuge tells us that one in 10 women said that the threat to share images forced them to allow the perpetrator not only to have contact with their children but to resume the relationship because of the threat. Revenge porn crimes are undoubtedly linked to other forms of criminal behaviour. We know this because the majority of all image-based charges are brought alongside family violence offences.

This amendment specifically relates to an escalation of offending and co-offending that adds up to the domestic abuse that this Bill seeks to address. As we have heard from the noble Baroness, Lady Morgan, younger women are in the eye of this storm of abuse. Alison’s story is shocking, but not rare. Her ex-partner told her he had drugged and raped her and recorded the incidents on his phone. The police could not act before he did. However, they spoke to him, and he told them that he had deleted the images. Needless to say, he had not. He contacted Alison and told her that he still had the videos and threatened again to share them. I ask the Minister to take the temperature of the Committee tonight on this vital amendment and to work with us and the courageous women—Alison, Natasha, Rachel and all those young women who stand in ranks behind them—to ensure that this amendment forms part of the Bill. It is time to put a stop to this particularly insidious form of 21st-century patriarchal sadism.

--- Later in debate ---

While I suspect that my reply has not satisfied all the points made by those who have been putting forward this proposed amendment, I hope that noble Lords will recognise that this is a complex issue. The Law Commission is looking at it, and the proper way forward is to allow it to complete a thorough review in this area to produce its independent recommendations. At the same time, we will continue to work with the College of Policing to ensure that the police are aware of the full gamut of the responses of the criminal law that are at present available to tackle this behaviour. In that context, I invite my noble friend to withdraw the amendment this evening.

[Baroness Morgan of Cotes (Con) [V]]

My Lords, I thank the Minister for his response. He certainly addressed the points raised in the debate, but I do not think he will be surprised to hear that, unfortunately, I do not think he satisfied many of them. Because the time is late, I will obviously not take a long time to go through the arguments in response, but I want to thank all noble Lords who have spoken at this late hour. The fact that so many noble Lords waited to make their points in the way that they did—and I would agree with the Minister that this was an excellent debate—shows the strength of feeling on all sides of the Committee in relation to this amendment.

This is an amendment and a subject that reaches beyond the House and beyond Westminster. It is of direct interest to millions of victims, survivors and their families and friends. I want to thank all those who have campaigned, particularly Refuge—who have rightly been paid tribute. I thank the designate domestic abuse commissioner for her support too. In the course of this debate, we heard clearly why this change to the law is needed, why it needs to be included in this Bill and why the change should be made now.

I will address two very specific points. We have already heard about the length of time Law Commission recommendations take to come into force, but I would say that making threats to share such matters a crime is a relatively small and straightforward change to an existing offence which would not have more complex implications for the broader legal landscape and would offer protection sooner. I particularly thank the noble Lord, Lord McDonald, a former Director of Public Prosecutions, and the former Lord Chief Justice, the noble and learned Lord, Lord Judge. They have spoken so compellingly this evening.

I have also seen the College of Policing guidance that has been issued. I do not think that any police force would feel that they knew more about how to bring prosecutions in the case of these threats than before they had read that guidance. While a small proportion of threats could be prosecuted at the moment, that is not happening in practice. Therefore, the law is not working as intended, which means that there is a gap.

I hope that Ministers will work with those of us who want to see a change in the law. I will, of course, beg leave to withdraw this amendment at this stage of the process, but I strongly suspect that—depending on the nature of future discussions—this amendment will be back at the next stage and it is possible that the feeling of the House will need to be tested.

Amendment 162 withdrawn.

Oral Answers to Questions

Baroness Morgan of Cotes Excerpts

Tuesday 13th March 2012 Commons Chamber

[Mr Djanogly]

As I said, there is a difference between legal advice and general advice. We are investing in general advice.

[Nicky Morgan (Loughborough) (Con)]

Charnwood citizens advice bureau works very closely with my office in Loughborough on benefits matters. Will the Minister, when he has such discussions, tell the Department for Work and Pensions that it needs to simplify the benefits system as that would be of great assistance in helping to keep some cases away from the legal system and administrative tribunals in the first place?

[Mr Djanogly]

I agree with my hon. Friend and can confirm that we are working very closely with the Department for Work and Pensions as part of its wider welfare reform programme to improve the quality and effectiveness of initial decision taking.

EU Criminal Policy

Baroness Morgan of Cotes Excerpts

Wednesday 25th January 2012 Commons Chamber

[Charlie Elphicke (Dover) (Con)]

It is a privilege, as ever, to follow my hon. Friend the Member for Esher and Walton (Mr Raab). My concern is about this kind of extension of the whole European project. We see it creeping on further, out of taxation and all the other measures with which we are familiar, into the criminal sphere. I find this policy document highly objectionable in many areas. First, I find objectionable the statement that

“EU Criminal Policy should have as overall goal to foster citizens’ confidence in the fact that they live in a Europe of freedom, security and justice”

That is not the point of European criminal policy. Rather, it should be the criminal policy of each individual member state. The EU, by trying to say that its policy is somehow about these principles and that citizens look to it for the execution of those principles, is overstretching and overselling. It is also misreading the situation, given that it is so far removed from people and has done so little to instil confidence.

The document also says—this is more in line with where things should be—that

“the EU can tackle gaps and shortcomings wherever EU action adds value.”

I take a pragmatic position on this. I do not think that one should say, in a knee-jerk reaction, that the EU should have nothing to do with anything, or that we should embrace everything it says as messages and tablets from heaven written in stone that we should accept, honour and obey. We need to look at things on a case-by-case basis.

[Nicky Morgan (Loughborough) (Con)]

My hon. Friend is making an excellent argument. Within the bundle of documents before us is the draft insider dealing and market abuse regulation. That is an area in which I worked before entering the House. Does he agree that with cross-border activity such as market abuse, which in the 21st century can be committed anywhere in the world and have an effect on another territory, there is an argument that the EU has a role to play in setting out sanctions for such behaviour?

[Charlie Elphicke]

My hon. Friend helps me to move to my next point. The policy applies not just to market abuse. It also applies to

“terrorism, trafficking in human beings, sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime.”

The list is packaged in the manner of “Do you like hospitals?” or “Do you eat food to live?”. It has been put together with breathtaking cynicism and in a way that would make even a push poller blush. We know what this is really about. It is about starting with something that everyone can accept so that they say, “Oh, yes, that’s a good idea,”. That puts the principle in place before things are moved forward. The document says, “We then want to move forward into other areas,” as my hon. Friend the Member for Esher and Walton just said.

Let us look at the issue of market abuse. Why can we not have the market abuse rules in the criminal law of our own nation? Why do we need to have minimum standards across European law if we do not necessarily want to opt in? We are being told that there is no such thing as—

--- Later in debate ---

[Charlie Elphicke]

That is a very fair point.

[Nicky Morgan]

I will be brief because I know that time is limited. My hon. Friend asks why we need to have rules in the UK if we already have rules across Europe. The point is that, as I understand it, the proposal would bring the rest of the EU’s rules on market abuse up to the standard that we already have in this country. New York already has those standards. This is an improvement, bringing the rest of Europe along with us.

[Charlie Elphicke]

The European Union is doing this anyway. The central issue is whether we opt in. This is really a shadow debate for the whole issue about opting in. The letter sent by the Home Secretary to some colleagues on 21 December 2011 talks about the whole issue of the opt-ins. There are 133 directives, regulations and so on where opting in could take place.

Legal Aid, Sentencing and Punishment of Offenders Bill

Baroness Morgan of Cotes Excerpts

Wednesday 29th June 2011 Commons Chamber

[Mr Clarke]

We have addressed clinical negligence, a large part of which is now conducted on a no-win, no-fee basis. That is the way we should proceed. Clinical negligence cases of the kind to which the right hon. Gentleman refers are especially expensive and it is quite difficult to decide whether to proceed with them, so we are making special arrangements, particularly for the expensive medical reports that have to be obtained before a case can properly be decided on. We are making arrangements to make the insurance reimbursable in those cases. I would also like to see a system developed by the NHS litigation authority and the best of the practitioners to exchange expert medical reports at a very early stage, so that we can avoid unnecessary litigation about whether a tragic disaster to a newborn baby was actually a natural tragedy or the result of negligence, and so that such cases need not drag on for the many years that they can take to go through the courts. I accept that that is a special case, and we considered it carefully during the consultation. We made quite a lot of changes during the consultation, some of which were referred to dramatically in outside comment.

[Nicky Morgan (Loughborough) (Con)]

rose—

[Bridget Phillipson (Houghton and Sunderland South) (Lab)]

rose—

[Mr Clarke]

I shall take two last interventions, and then I really must move on.

[Nicky Morgan]

I hear what the Secretary of State says about the failure of the last Government to tackle the burgeoning legal aid system. Did they not also fail to tackle the complexity of other departmental work that our citizens advice bureaux, which do such valuable work, help with—for example, Department for Work and Pensions forms? The Government’s response hints at a review of some of the other parts of legal aid which will inevitably have to be cut. Will the Secretary of State give more detail about that review and about whether the burden will be shared across Departments?

[Mr Clarke]

Yes, I will. I try to avoid jumping from subject to subject, because it is such an enormous Bill, but I promise my hon. Friend that I shall return to the whole question of alternative forms of advice and the CABs, and make an announcement at a later stage in the proceedings on the Bill.

Oral Answers to Questions

Baroness Morgan of Cotes Excerpts

Tuesday 17th May 2011 Commons Chamber

The Secretary of State was asked—

[Nicky Morgan (Loughborough) (Con)]

1. What plans he has for the use of restorative justice to reduce the level of offending; and if he will make a statement.

[The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)]

We are committed to increasing the use of restorative justice throughout the criminal justice system. Restorative justice should play a part in activities ranging from informal disposals administered by front-line police officers to enabling serious offenders to face up to the consequences of their actions. There is growing evidence of its potential to cut reoffending and crime, and to enhance the role of victims in the delivery of justice.

[Nicky Morgan]

Charnwood council’s reducing reoffending scrutiny panel has been considering how to promote restorative justice locally. One of the problems that it has identified is that offenders are often released on Fridays or at weekends with no practical support. Before it can get around to worrying about restorative justice, we need to know what the Ministry can do to ensure that offenders are given the practical support that they need when they join the community.

[Mr Blunt]

My hon. Friend has raised a valid operational concern about Friday releases. However, holding prisoners whose statutory release date falls at a weekend until the following week is unlawful, and we do not think it right for prisoners to be let out early: they should serve the custodial period required by law. Our duty is to manage the operational issue of Friday releases. That includes ensuring that all prisoners are properly prepared for release, and implementing restorative justice as part of that preparation where appropriate.

Oral Answers to Questions

Baroness Morgan of Cotes Excerpts

Tuesday 15th February 2011 Commons Chamber

[Mr Blunt]

We are about to come forward with a credible offender learning strategy. The budget will remain very much the same as that which we inherited, because we realise that that strategy is a priority. Unfortunately, a significant amount of the money spent under the previous Administration went to waste. If the hon. Lady reads the reports from independent monitoring boards, she will see repeated complaints about the quality of offender learning in prisons under the previous Administration. We will put that right.

[Nicky Morgan (Loughborough) (Con)]

7. What plans he has for the size of his Department’s budget for civil legal aid.

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

We published impact assessments alongside our reform proposals setting out their potential financial implications. We estimated that the savings to civil legal aid would be around £255 million by 2014-15. Total civil legal aid expenditure was around £900 million in 2008-09.

[Nicky Morgan (Loughborough) (Con)]

We all appreciate the need to make savings, but citizens advice bureaux, including the Charnwood CAB in my constituency, play an important role—hon. Members on both sides of the House have drawn attention to their CABs. Mention has been made of the difference between legal and general help. May I suggest that the Minister consider, with the Department for Work and Pensions, simplifying the length of the forms that people need to fill in? The CAB currently helps benefits claimants who sometimes have to fill in forms of up to 52 pages in length.

[Mr Djanogly]

Yes, I can confirm to my hon. Friend that we are in discussions with the Department for Work and Pensions on exactly that matter, and more generally on improving early intervention, so that preferably people will not need to go to a tribunal at all.

Anonymity (Arrested Persons) Bill

Baroness Morgan of Cotes Excerpts

Friday 4th February 2011 Commons Chamber

[Anna Soubry]

I thank my hon. Friend for that contribution. Of course I agree. There is a long-term effect. If we go on to the internet and put in a name, as I have done, or certain key words, we find that a host of people have been in a similar situation to that of the first man who was arrested in Bristol. It has been put to me by all sorts of people—I am grateful for the information and the comments—that once something like that has happened, because of the great power of the internet, it is there almost for ever more. If we google a name or an incident, the information that comes up might go back 10 or 20 years.

The slur on somebody will remain for a very long time, even though they have never been charged, even though they have been exonerated and even though it has been accepted that there was no substance to the allegation. That means that people who put themselves into public life—television personalities come to mind, as do soccer players, even councillors, and those who have chosen a certain profession or job, such as teachers or clergymen—are highly susceptible to false allegations. There are many examples of people who have had an allegation made against them and who have then found that their name and address, the charge and more have been published both locally and nationally.

We have to ask ourselves how all this came about. There is a growing acceptance that a cult of personality exists. The rise of the celebrity has gone into territory that none of us find acceptable any more. Somebody who might have been on television suddenly finds themselves plastered all over every newspaper and magazine. Sometimes their agent or others want that, in order to advance their career. The downside is that they then become almost a free hit—fair game—for anything salacious about them to be published at any time, particularly if they have the misfortune to be arrested for something.

As a society we increasingly have a desire to pick over the intimate and salacious details of too many people. Perhaps we have an unhealthy interest in other people’s private sex lives. We also have the declining fortunes of newspapers. Why do newspapers and magazines find themselves in a position whereby they have to print almost anything in order to keep up their circulation? One reason is the 24-hour rolling news with which all hon. Members will be familiar. The simple truth is that it is sometimes a struggle to fill 24-hour rolling news, and in the endless rolling round of that news, stories are repeated, so something new, something fresh— breaking news—is needed, and everything becomes highly sensationalised and great drama is created.

A recent example was when the congresswoman was shot in that unfortunate incident in Arizona and the BBC 24-hour news service reported that she had been killed. It was wrong on that, but it was working off two reports that it claimed to have verified. I watched with care some of the following analysis and, rightly, criticism of the coverage of the story and how that happened. The BBC said that it had checked it out and done everything that it should have done in following the various procedures. But, with respect, underlying that was a real desire to have a new headline, to break some news, to put something sensational into it, to increase its ratings and keep up with the opposition given the proliferation of channels that we have seen. In many respects it can be said that the old solid principles that I was taught when I trained as a journalist have been eroded in the endless search for higher ratings and greater circulation. I do not think that 24-hour rolling news has assisted us in making our press one of the finest in the world.

We have also seen a decline in advertising. All hon. Members in the Chamber will know their local newspaper, if they still have one. Many of them are suffering quite dramatically from declining sales, for which, as I say, there are many reasons. I have a great deal of sympathy for local and regional papers in these difficult times, but I urge them to be true to the good solid principles of journalism, including not to sensationalise.

[Nicky Morgan (Loughborough) (Con)]

My local newspaper, the Loughborough Echo, has started a new column of reports from the local magistrates court about those brought up and charged with offences. That is an old-fashioned style of reporting, but it is good to read about those who have been charged with committing an offence. However, that is the right time for the public to become aware of the fact that people have committed offences. My hon. Friend is absolutely right to ask for a period of anonymity earlier in the charging process.

[Anna Soubry]

My hon. Friend makes an extremely important point. I am familiar with Loughborough Echo. For reasons that I shall not go into because they are completely irrelevant, I buy it and I read it. It is an example of a good local paper, but it is also an example of a paper that is struggling with its circulation. I am delighted that it has such a column. When I worked on the Alloa and Hillfoots Advertiser and Journal, one of the great sources of our stories was the sheriff court. As a trainee journalist, I was duly packed off to sit with my newly acquired shorthand skills, which were extremely limited, and report on what was happening there. One of the problems in our society is that because so many newspapers find themselves in a position where they cannot afford to employ the staff that they used to employ, they are not covering the magistrates courts or the Crown courts in the way that they did. I know that from my experiences at the Nottingham Evening Post, which had a reporter in almost every court.

--- Later in debate ---

[Anna Soubry]

I am again grateful, because that is a good point well made. There is a good argument that the way to cure this mischief is by amending the Contempt of Court Act 1981. I will in due course deal with why that Act is inadequate. If it were adequate, I have no doubt that the Attorney-General would have used it to stop the salacious and vilifying nature of the coverage of the man arrested in Bristol.

To return to why it is wrong for someone to be named and vilified after being arrested, we should also consider the distress caused to that person, which I touched on earlier. During the course of my research, I looked at the case of a much-loved television personality—I will not name him—who appealed to people of all ages and was a true family entertainer. I did not know, because it does not matter to me, that he is gay. He had been married and had children, but the reality is that he was a homosexual. In due course he came out, which was a matter for his private life, and got on with his life. Most importantly, he continued to be an extremely good television presenter and entertainer. One evening, he was arrested as he came off stage following an allegation of a misdemeanour some years earlier. As a result, his name and the details of the allegation were published.

What followed was not quite a media feeding frenzy, but the details of the man’s private life, his sexuality and such matters were written about extensively in the press. A few weeks later, when he returned to the police station, the police said that they would not be charging him and he was accordingly exonerated of the allegation. He always maintained his dignity, and issued a statement through his solicitor which said:

“I was always confident my name would be cleared in due course. However, it’s been a very anxious and upsetting time for me and my family, not least because of press coverage at the time of my arrest.”

I quote that statement because it is important to remember that we are talking about real people who somehow have to pick up the pieces of their lives. Knowing what has been published about the first man who was arrested in Bristol, we must ask how on earth he will pick up his life after what has been said and written about him.

[Nicky Morgan]

The issue affects not only the individual, but other people such as their family—particularly their children—and work colleagues. My hon. Friend talks about the media interest, and she will remember that in the Bristol case the media, rightly seeking to profile the initial person who was arrested, went to the school where he had taught. The head or deputy head teacher had to go on television to talk about the individual, and such experiences are distressing if one has never been in the glare of the media spotlight before. Does my hon. Friend agree?

[Anna Soubry]

I am grateful to my hon. Friend for raising that, and I completely agree. That is the difficulty. In the newspapers we see the headlines and the story but never what is behind them or, most importantly, what happens in the wake of them.

I was describing how, by googling on the internet or doing any research through newspapers—although googling is the quickest and smoothest way—I came across several cases of football players who had been arrested on allegations of rape. One case is relevant to my hon. Friend, because it involved a Leicester football player. I did not recognise his name, but that matters not at all. He received extensive media coverage when he was arrested on an allegation of rape, and again, within a matter of weeks, when he went back to the police station on bail he was told that he would not be charged and that was the end of the matter. The newspapers and local television station covered the arrest extensively, but the fact that no charges were brought barely received a mention. I have not found any case, anywhere, in which somebody’s not being charged has received exactly the same amount of publicity as their arrest.

There are cases of councillors—some might be known to Members—who have been arrested on all manner of allegations, be they fraud, corruption or sexual assault. Again, I have looked at the newspapers and on the internet, and their arrest often makes the front page of the local newspaper. The fact that they are never charged, however, does not get on the front page; if they are lucky, it might be on page 2 or 3 and amount to half a column, but it is never the same as the initial coverage they receive when they are arrested. That is not right or fair.

--- Later in debate ---

[Mr Buckland]

That point is powerfully made. I have said many times, in my constituency and here, that we are in danger of demonising the younger generation. We have all, as Members of Parliament, had some encouraging experiences when we meet groups of young people in our constituencies. I find them to be engaged, alive to the issues that confront them as youngsters, keen to participate in their communities and interested in the world about them. In a way, despite our concerns about some aspects of the syllabus and the direction of education, they are much better prepared for the vicissitudes of life than perhaps people of my generation and previous generations were.

[Nicky Morgan]

To counterbalance that and bring us back to the Bill, there was a case a few years ago of a young man who was accused of rape. During freshers’ week at university, an unfortunate incident occurred with a young lady, and it was unclear whether consent had been given. The charge was not proven, but—to revert to the point about young people—the young man’s life was ruined because he had been named. He was terrified about his future—his employment prospects, the misery of the next few years of university and so on. The Bill may particularly benefit young people against whom charges are not proven.

[Mr Buckland]

My hon. Friend makes a powerful point. As I said earlier, people can be haunted by internet stories about—worse than a charge that is not proven—an innocent person, against whom false allegations, which did not pass the test of the burden of proof, are made. We must hold on to our principles and remember that young people have their lives before them.

I agree with my hon. Friend the Member for Carshalton and Wallington (Tom Brake) about demonising young people, but, sadly, as with adults, there is a majority of good young people and a minority of bad apples. I therefore make no apology for a robust approach to the miscreants in our communities, some of whom are, sadly, young people, who cause genuine misery to some of my residents, and those in constituencies throughout the country. It is perhaps a little too glib to say that we should not publicise the names of young people who are given ASBOs. I mentioned the difficulty with interim ASBOs, but the presumption should be in favour of publication.

Public Disorder (NUS Rally)

Baroness Morgan of Cotes Excerpts

Thursday 11th November 2010 Commons Chamber

[Nick Herbert]

I am afraid I disagree with the hon. Gentleman. This is a matter for the Metropolitan police, who, quite properly, are reviewing it. This is an operational matter for them. There is a principle, which is often advanced to us by Opposition Members, that the operational independence of the police should be protected. We strongly agree. The police are, however, accountable—including in this case—to the Metropolitan Police Authority and the Mayor, and that is why the report will go to the MPA. I am sure that it will question the Met about these matters.

[Nicky Morgan (Loughborough) (Con)]

Yesterday, I spoke to both the NUS president and the Loughborough students who were present, and I am glad to be able to say that none of them was involved in any of the violence. However, my non-student constituents ask what obligations those organising protests have to work with the police—such as whether they should undertake to report any intelligence as soon as they become aware of it. We will see more protests, so what can we do to stop them being hijacked?

[Nick Herbert]

There are statutory obligations on the organisers of marches to notify the police of any relevant intelligence, and that happened in this case. It is important for there then to be a proper dialogue between the police and the organisers. As I have said, those who organise marches and demonstrations have a responsibility to ensure proper conduct. When incidents such as the disturbance at yesterday’s NUS demo take place the cause is undermined, and I believe that happened yesterday.