Stalking Protection Bill

Sarah Wollaston Excerpts

2nd reading: House of Commons
Friday 19th January 2018 Commons Chamber

[Dr Sarah Wollaston (Totnes) (Con)]

I beg to move, That the Bill be now read a Second time.

Stalking is an insidious form of harassment, characterised by fixation and obsession. The relentless nature of the unwanted contact from perpetrators, which sometimes continues for many years, can make it feel completely inescapable. It is often directed not only at the intended victim, but at all those around them—their family, friends, neighbours and colleagues. It can seriously affect both the physical and the mental health of victims, leaving them feeling isolated and fearful. It can also escalate, as we know, to murder and rape. It is much more common than many people realise. About one in five women and one in 10 men will experience some kind of stalking behaviour in their adult lifetime, according to the crime survey for England and Wales. However, it typically takes about 100 episodes of stalking for victims to come forward.

It is an honour to promote this private Member’s Bill for better and earlier protection for victims of these terrible crimes. I want to start by paying tribute to the very many individuals and organisations that have come forward to support this Bill and to advise. Many of them have spoken with great courage about the devastating personal consequences for themselves, including, I am sorry to say, personal, tragic loss. It is with all of those individuals in mind that I promote this Bill. I am also very grateful to the Minister for her personal support; to her team for the support and advice they have given me; and to Members across the House for their support and advice on the needs of victims.

In order to make progress with this Bill, we should acknowledge the progress that has already been made. Two new stalking offences were brought forward in 2012, and it is encouraging that 959 prosecutions were commenced in 2016-17. Progress was also made in increasing the maximum sentence to 10 years in the Policing and Crime Act 2017. I pay special tribute to my hon. Friend the Member for Cheltenham (Alex Chalk) for his work in bringing that about.

There remains in the law, however, a serious gap when it comes to victims of what is known as stranger stalking, by which I mean those who are stalked by someone who is not a former or current intimate partner. Those victims of stalking do not have recourse to the protections available under the existing protection order regime. That is well recognised, which is why I think there is widespread support for the Bill. If we can step in at an earlier stage, perhaps we will have a better opportunity to prevent stalking before the behaviour can become so deeply engrained.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I congratulate the hon. Lady on her Bill. I was on the anti-stalking commission, which made progress when we were trying to catch up with the Scottish law. Some very brave people gave evidence. Increasingly, the issue is switching from personal to online, and the law finds it very difficult when someone is being stalked from elsewhere in the world.

--- Later in debate ---

[Dr Wollaston]

The Bill specifically notes that acts carried out from outside this country will also be taken into account, particularly with regard to online stalking. The hon. Gentleman is absolutely right and I thank him for making that point.

Although the proposed stalking protection orders would be civil orders, there would be a criminal penalty for breach. They are not intended to replace a prosecution for stalking where the criminal threshold has been met, but we all recognise that it can take time to fully gather the evidence and present a case for court, and during that time victims can be especially vulnerable. They are intended to act not only in those types of cases, but perhaps where the criminal threshold has not been met but it is recognised that the acts are at risk of escalating. Importantly, the Bill allows for the onus to be taken off the victim, because the police will be able to apply for the protection orders on their behalf.

It is also important that the penalties for criminal breach have real teeth, with a maximum sentence of up to five years. The civil protection orders will allow us to put in place a bespoke regime of not only prohibitions but requirements on the perpetrators, setting out very clearly what they must not do—in other words, stop contacting not only the victim but those around them—and setting out the ways in which that might take place. In some cases, perpetrators are not well, so the Bill will also allow the court to set a requirement that they attend a mental health assessment. There is also a notification requirement: perpetrators would have to give notification of all the names and aliases that they used in order to stalk their victims, and their address. None of those important protections will be of any benefit, however, if the police do not know about them and do not have the required training, expertise and willingness to exercise them.

Another purpose of a private Member’s Bill such as this is to explore the issues throughout the criminal justice system to ensure that everyone takes them seriously. Stalking should not be trivialised by references to someone’s having an “admirer”; there is nothing romantic about it. It is also important to recognise patterns of behaviour. Each individual action may in itself appear trivial, but the pattern should be viewed in its entirety. I know that the Minister is personally committed to acting on the findings in “Living in fear”, a joint report from Her Majesty’s Crown Prosecution Service inspectorate and Her Majesty’s inspectorate of constabulary on the police response to harassment and stalking, and I hope that she will comment further on it. We need to improve the entire system of that response, and I am grateful to her for her personal commitment.

[Rebecca Pow (Taunton Deane) (Con)]

My hon. Friend is making a powerful case. She may have heard Emily Maitlis talking on the radio this morning about how she was stalked for 20 years. She said that she felt that the current legislation was not fit for purpose, and did not provide her with any protection. Does the Bill not seek to address that?

[Dr Wollaston]

Absolutely, and I pay tribute to Emily Maitlis for her courage. Anyone who reads her personal victim impact statement will see that not only the person being stalked but that person’s entire family is affected. She has been exceptionally courageous in coming forward to talk about her experience and in raising awareness. It is also true that stalking does not just affect people who are in the public eye; it can affect anyone, and sometimes after a relatively trivial contact. Victims are often made to feel responsible, or guilty. We have to break that cycle, and take the issue seriously.

I will cut short my remarks now, because I know that many other Members wish to speak. I thank all colleagues for their support for the Bill.

Stalking Protection Bill (First sitting)

Sarah Wollaston Excerpts

Committee Debate: House of Commons & Committee: 1st sitting: House of Commons
Monday 9th July 2018 Public Bill Committees

[The Chair]

With this it will be convenient to consider amendment 1, in the title, line 1, leave out “protecting” and insert “orders to protect”.

This amendment would ensure that the long title of the Bill better reflects the content of the Bill, which is limited to stalking protection orders and related matters.

[Dr Sarah Wollaston (Totnes) (Con)]

It is a pleasure to serve under your chairmanship, Mr Gray. I will start by thanking the many people who have come forward to talk openly about their own harrowing personal experiences at the hands of stalkers—including those who have been bereaved as a result of stalking—and the many organisations that have provided support and expertise: the Suzy Lamplugh Trust, the Gloucestershire stalking support service, Paladin, the Alice Ruggles Trust, Protection Against Stalking and, of course, many members of the police and the police and crime commissioner lead. I am very grateful to all of them for sharing their expertise. I am also grateful to the Minister’s Bill team, who have been extraordinarily helpful in providing support.

Clause 1 creates a new civil protective order to protect victims of stalking, called a stalking protection order. I am delighted that the Bill has received such strong cross-party support. I really welcome this consensus, on behalf of those who have been victims of stalking in the past and, more importantly, those whom we can protect in the future. It is worth reiterating why we are here to create the new orders. Responses to a public consultation launched in December 2015 stressed the need for earlier intervention in stalking cases to protect victims and to address emerging patterns of behaviour in perpetrators before they become entrenched or escalate in severity, as well as for putting in place vital extra protections. They identified a clear gap in the existing protective order regime, particularly in cases of so-called stranger stalking, where the stalking occurs outside a domestic abuse context or where the perpetrator is not a current or former intimate partner of the victim.

The Bill is therefore intended to provide the police with an additional tool with which to protect victims and deter perpetrators at the earliest possible opportunity, and to fill the gap in the protective order regime. Stalking protection orders will be available on application to a magistrates court by the police, ensuring, importantly, that the onus to take action is not placed on the victim and that the police have end-to-end sight of the entire process, from application to enforcement of the orders, and if there is reasonable cause to believe that the proposed order is necessary to protect another person from the risk of stalking.

I should inform the Committee at this point that I am exploring the possibility of the British Transport police and the Ministry of Defence police also being able to apply for these orders. I hope to provide an update on Report.

Crucially, the orders will be available in cases of stranger stalking because, unlike with existing protective orders, clause 1 contains no requirement for stalking to have occurred in a domestic abuse context or for there to be a current or former intimate partner relationship between victim and perpetrator. The clause also contains no requirement for the orders to be made on conviction. Again, that is unlike what happens with existing protective orders.

[Alex Chalk (Cheltenham) (Con)]

I congratulate my hon. Friend on her vision and stamina in promoting the Bill, which have been a lesson to us all. The fact that there is no requirement for a conviction is the strength of the provision. However, I am interested in the burden and standard of proof to be established before an order can be made. One can well imagine that they would be contested; and they should be imposed only where it is fair to do so, given that breach of such an order could result in a custodial penalty.

[Dr Wollaston]

I thank my hon. Friend for the extraordinary work that he has undertaken on behalf of victims of stalking. He is right to draw attention to that matter. Orders could be made on the balance of probability, but breach of an order would be a criminal offence. That is the important distinction, and I know that he welcomes those arrangements.

As I mentioned, clause 1 includes no requirement for orders to be made on conviction—an important distinction —or for the behaviour giving grounds for the application to have met the criminal threshold. That is what my hon. Friend the Member for Cheltenham was pointing out, and it is because stalking protection orders are designed specifically to permit early intervention when the criminal threshold has not yet been met but where it is known that there is a serious risk of harm as a result of stalking. If the police are gathering evidence and preparing a criminal case for court—for example if they are pursuing a stalking conviction—that takes time. The orders are not intended to replace such prosecutions. They can protect victims at the earliest possible opportunity and also are a way of stepping in to address the perpetrator’s behaviour before it progresses into an obsessive campaign. Breaking the cycle is much more difficult if the behaviour is allowed to continue for longer.

To address the behaviour in question effectively, orders would make it possible to impose prohibitions and positive requirements on the perpetrator. Clause 1 would allow the police to propose to the court a bespoke intervention to protect the victim from harm but also, crucially, address the perpetrator’s behaviour. Requirements to be imposed on a perpetrator by orders include notification requirements similar to those for registered sex offenders. Those are provided for in clause 9 and would help ensure that the police had the right information at the right time to manage the risk posed by perpetrators effectively. A perpetrator who did not comply with the conditions of a stalking protection order would face a criminal penalty for breach under clause 8, with a maximum sentence of five years’ imprisonment.

Finally, clause 12 makes provision for the Government to issue statutory guidance to the police on the use of the orders. That will be developed in collaboration with criminal justice partners and sector experts and will help ensure that the police have the knowledge, understanding and confidence to use stalking protection orders to their full potential. It is only right to acknowledge that a new stalking protection order will not in itself deliver a better response to stalking; that will require an improved awareness of stalking on the part of all professionals working in that space, and a continued focus on improving the criminal justice response through the provision of high-quality training, guidance and professional development.

Other measures, beyond the scope of the Bill, were suggested on Second Reading. One was a stalking register. I know that the Government are committed to looking at wider options to improve the response to stalking, and to linking those considerations to wider work on supporting vulnerable victims. However, it is important to note that the notification requirements that could be imposed on a perpetrator under clause 9 are similar to those that can be imposed on registered sex offenders. I look forward to hearing the Minister’s thoughts on that point.

I am sure that Committee members will agree that any further changes with respect to stalking should be introduced following rigorous and comprehensive consultation. That brings me to the reason I tabled an amendment to change the long title of the Bill: to ensure that it better reflects its content, which is limited to stalking protection orders and related matters. It is a minor, technical amendment that I hope provides neatness and clarity and will smooth the Bill’s passage through Parliament.

I hope that I have made clear how the Bill provides the police with a welcome additional tool, the purpose of which is to protect victims of stalking and deter perpetrators at the earliest possible opportunity, even before the stage is reached at which a prosecution could commence, or to put in place protection while evidence for a prosecution is being gathered. It is imperative that we are able to provide effective support for victims of this devastating crime.

[Emma Reynolds (Wolverhampton North East) (Lab)]

I congratulate the hon. Lady on introducing the legislation. Will she explain in more detail the provision for interim stalking protection orders in the Bill?

[Dr Wollaston]

I thank the hon. Lady for asking about that. It can take time to bring together all the evidence needed for a full stalking protection order, but we all recognise that time is of the essence—I am sure we have all heard compelling evidence of serious harm ensuing. The point is to bring forward an interim order at the earliest possible opportunity, not to replace either a full stalking protection order or the pursuit of a stalking conviction where possible, but to ensure that we recognise that time is of the essence. In the most serious cases we would expect the police to use their existing powers regarding pre-charge bail conditions. I hope that answers the hon. Lady’s question.

I hope that Members will give their full support to the Bill and I welcome the cross-party support and constructive debate.

[Sarah Champion (Rotherham) (Lab)]

It is always a pleasure to serve under your chairmanship, Mr Gray. I may need your wise guidance as we go forward with the Bill.

It is also a great pleasure to serve on the Committee. The unbelievable passion, vigour and determination with which the hon. Member for Totnes has fought to get the Bill to this stage is something we must all learn from and admire—I am very grateful for it. I also pay tribute to the Minister, who has been superb on preventing violence against women and girls. As a team, they are a formidable force, and one of which I hope perpetrators are mindful.

I really welcome the new powers that the Bill gives the police to protect victims from strangers who cause them fear and harassment. The stalking protection order is welcome because of the criminal sanctions incurred for breaching it and because it will function as a responsive tool that the police can apply to protect victims while a case is being built against the perpetrator.

The Government, in their violence against women and girls strategy, promised to publish new authorised professional practice on stalking and harassment by the end of 2016, but they did not fulfil that commitment. I now understand from the Suzy Lamplugh Trust that the College of Policing intends to produce guidance in a more accessible form for police officers. The police force in my constituency is South Yorkshire police, and information sourced by the Suzy Lamplugh Trust through freedom of information requests found that in 2013 the force recorded only eight cases of stalking. By 2016 the figure had increased to 76, and in 2017 it was 305. That is positive news, suggesting that the police are already becoming increasingly attuned to the specific nature of stalking and more adept at responding to it.

The 43 police forces in England and Wales train their officers in various different ways in relation to stalking, resulting in inconsistency across the country in the police’s ability to recognise and respond to it. In May 2018 the Crown Prosecution Service made a commitment to provide refreshed stalking and harassment training to all prosecutors over the coming months, but there is no national mandatory stalking training programme for police officers. Does the Minister agree that there should be? We will see as we go through the Bill that there are issues relating to guidance, so perhaps the Minister will respond to those.

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[Victoria Atkins]

Of course, the statute sets the parameters of the order. It will be for the magistrates court to decide whether the police have met the thresholds in that statute. That is why I think it is important—mindful as we are of the public policy interests of having this order—that we bear in mind that the judicial system has to act with fairness to the victim and the person accused. That is why the role of the magistrates court in the orders will ensure that police have met the standards they must meet. I hope that answers the hon. Gentleman’s question.

As this debate has demonstrated, we need to look at these issues in the round and look to promote empathy with victims. Whether the victims are very famous or do not enjoy fame—fame plays no part—the fear can be intense and on a minute-by-minute basis. It is not just fear felt by the victim, but by their family members, neighbours and friends.

We need to understand and recognise patterns of behaviour, prioritise early intervention and prevention, and ensure that there is appropriate victim care and support in place. That is how we start to identify solutions for assessing risk and managing perpetrators in a targeted way, ensuring a joined-up response to violent intimate crime.

We have used our recent public consolation on our landmark draft domestic abuse Bill to explore further the legislative and non-legislative steps that Government can take to transform the response to domestic abuse across all agencies, and how these measures can equally support victims of crimes such as stalking. The 3,200 responses that we received are being analysed.

My hon. Friend the Member for Totnes quite properly raised the point about a stalkers register. We know that convicted stalkers will already be captured on the police national computer. Where appropriate, they may also be captured on other police systems, such as the Visor system, which stores information on offenders who pose a risk of serious violent harm. We want to ensure that the existing systems work. While I am listening to colleagues on this, I want to ensure that the police are correctly using the systems we have at the moment in order to protect people before I look at new and additional systems.

The Government are committed to drawing on the expertise and experience of victims, survivors, academics, the voluntary sector, communities and professionals, to do all we can to improve the response to all forms of violence against women and girls. The same is true in relation to stalking. I hope Committee members will join me in giving their support to this Bill today, including amendment 1, tabled by my hon. Friend the Member for Totnes, as it is our priority for the Bill to have a smooth passage and for stalking protection orders to be implemented as soon as possible so that the police can start using these vital tools to protect victims of stalking at the earliest possible opportunity.

[Dr Wollaston]

I thank everybody who has taken part in the debate. We had a contribution from the hon. Member for Huddersfield, who has been talking about this issue for a very long time, and I pay tribute to him for his long-standing commitment. We also had contributions from my hon. Friend the Member for Cheltenham, the hon. Members for Rotherham and for Enfield, Southgate, my hon. Friend the Member for Gloucester, the hon. Member for Birmingham, Yardley, my hon. Friend the Member for Taunton Deane, the hon. Member for Wolverhampton North East, and my hon. Friends the Members for Eddisbury and for Torbay. The right hon. Member for Exeter also provided vital support, as did the hon. Member for Liverpool, Wavertree and my hon. Friends the Members for Redditch and for Harborough.

Mr Gray, thank you for your excellent chairmanship. Finally, I warmly thank the Minister for her ongoing dedication to this cause. I also thank the Home Office team, Christian Papaleontiou and Emily Stewart.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clauses 2 to 15 ordered to stand part of the Bill.

Title

Amendment made: 1, in title, line 1, leave out “protecting” and insert “orders to protect”.—(Dr Wollaston.)

This amendment would ensure that the long title of the Bill better reflects the content of the Bill, which is limited to stalking protection orders and related matters.

Bill, as amended, to be reported.

Stalking Protection Bill

Sarah Wollaston Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 23rd November 2018 Commons Chamber

[Dr Sarah Wollaston (Totnes) (Con)]

I beg to move amendment 1, page 1, line 16, after “police” insert

“for a police area in England and Wales”.

This amendment and Amendments 2 and 6 would allow the chief constable of the Ministry of Defence Police and the Chief Constable of the British Transport Police Force to apply for stalking protection orders and interim stalking protection orders, and to take part in related procedures.

[Mr Speaker]

With this it will be convenient to discuss the following:

Amendment 2, in clause 4, page 3, line 24, leave out from “police” to the end of line 27 and insert

“who applied for the stalking protection order and (if different) the chief officer of police for the area in which the defendant resides, if that area is in England or Wales.”

See the explanatory statement for Amendment 1.

Amendment 3, in clause 9, page 6, line 2, leave out “within” and insert “before the end of”.

This amendment would ensure a person can give notice that they are going to use a new name before doing so.

Amendment 4, page 6, line 8, leave out “within” and insert “before the end of”.

This amendment would ensure a person can give notice that they are going to change their home address before doing so.

Amendment 5, in clause 10, page 6, line 30, leave out

“whose home address is not”

and insert

“who does not have a home address”.

This amendment would cater for the possibility that a person might not have a home address.

Amendment 6, in clause 14, page 8, line 9, at end insert—

““chief officer of police” means—

(a) the chief constable of a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

(b) the Commissioner of Police of the Metropolis;

(c) the Commissioner of Police for the City of London;

(d) the chief constable of the British Transport Police;

(e) the chief constable of the Ministry of Defence Police;”

See the explanatory statement for Amendment 1.

Amendment 7, in clause 15, page 9, line 4, leave out from “force” to the end of line 5 and insert

“two months after the day on which this Act is passed.”

[Dr Wollaston]

This week we celebrate the 100th anniversary of the first woman taking her seat in this House. I am immensely proud, as a Devon MP, that that woman was Lady Nancy Astor, and I think all of us in this House owe her an enormous debt of gratitude for the work she did, particularly in fighting on behalf of women and girls. I am proud that this Government have continued that work. Indeed, Members from across this whole House have done so much to advance this cause.

Of course, stalking does not just affect women—it affects men as well, and it is a vile crime of an insidious nature. I am very grateful to all those, both within this House and beyond, who have contributed to the passage of this Bill, including with advice, which has caused me to table some important amendments. They are minor in nature, but I think they will greatly improve the Bill.

Amendments 1, 2 and 6 would enable the chief constables of the Ministry of Defence police and the British Transport police to apply for stalking protection orders and interim orders, and to initiate related proceedings in connection with the variation and renewal of an order. That is because stalking occurs across a range of contexts and situations, with devastating consequences, and it is essential that a stalking protection order is available to police in a variety of situations. There may be circumstances in which the British Transport police or MOD police are best placed to seek an order, for example if the stalking conduct has taken place on the railway network or a perpetrator lives or works in MOD premises.

Amendments 3 and 4 would modify the notification requirements on a person subject to a stalking—

[Kevin Foster (Torbay) (Con)]

I know that my hon. Friend was about to move on, but I just wanted to inquire about a thing not included in this list: the Civil Nuclear constabulary. The MOD police are included, and they protect particular areas. I welcome the amendments, but is there any particular reason why the Civil Nuclear constabulary is not included?

[Dr Wollaston]

I thank my hon. Friend for his point, which we could consider in the House of Lords as the Bill continues its passage.

Amendments 3 and 4 would modify the notification requirements on a person subject to a stalking protection order. Under the notification requirements, as drafted, a perpetrator must notify the police within three days of a change taking place. These amendments simply enable the perpetrator to give such notice in advance of a change taking place, and I hope that colleagues from across the House will recognise that that is a small, technical, but important change.

Finally, amendment 5 also relates to notification requirements. It caters for circumstances where the subject of a stalking protection order has no home address. In such a case, the amendment provides that the perpetrator can instead notify of a place where they can regularly be found. That simply mirrors notification requirements related to registered sex offenders. My hon. Friend the Member for Christchurch (Sir Christopher Chope) also has an amendment in this group, but I do not see him in the Chamber today, so I think we will assume that he does not wish to press that amendment. For now, I commend the amendments standing in my name to the House.

[Mr Speaker]

Has the hon. Lady completed her speech?

[Dr Wollaston]

indicated assent.

[Mr Speaker]

We are immensely grateful to her; she has been the epitome of succinctness, which serves as a useful model for other colleagues.

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[Dr Wollaston]

I beg to move, That the Bill be now read the Third time.

May I begin by thanking the Minister and all her officials for the extraordinary amount of work that they have put into assisting with the Bill, and for everything that the Minister has done to progress the violence against women and girls agenda in the House? I also thank Daragh Quinn in my team for his work and for doing so much to co-ordinate and help with the preparation of the Bill. I also thank the many individuals and organisations outside the House that have made such a difference. I am thinking of the Suzy Lamplugh Trust, Paladin, the Gloucestershire Stalking Advisory Service, the National Stalking Consortium and many others, such as police and crime commissioners for Sussex, for Northumbria, and for Devon and Cornwall, as well as officers from Thames Valley police and Devon and Cornwall constabulary, I thank them for their valuable advice, and I also thank the stalking lead for the Royal College of Psychiatrists.

I would particularly like to pay tribute to colleagues and Members across the House for their work. Having listened to the characteristically thoughtful speech by my hon. Friend the Member for Cheltenham (Alex Chalk), I pay tribute to the work that he has done, along with my hon. Friend the Member for Gloucester (Richard Graham), on stalking, which has made an extraordinary difference.

[Leo Docherty (Aldershot) (Con)]

My hon. Friend is being extremely gracious. I thank her for introducing the Bill, which undoubtedly will be of benefit to my constituents in Aldershot and Farnborough. We are very grateful.

[Dr Wollaston]

I thank everyone who has contributed today with thoughtful speeches and interventions, including my hon. Friend the Member for Cheltenham, my hon. Friend the Member for Torbay (Kevin Foster), my neighbour, whom I join in his tribute to the police and crime commissioner for Devon and Cornwall for her courage in talking about her experience. I also thank my hon. Friends the Members for South Suffolk (James Cartlidge), for Mid Worcestershire (Nigel Huddleston), and for Dudley South (Mike Wood), for their thoughtful interventions. I thank the hon. Members for Huddersfield (Mr Sheerman), for Liverpool, Wavertree (Luciana Berger) and for Alyn and Deeside (Mark Tami), as well as my hon. Friends the Members for Croydon South (Chris Philp), and for Bexhill and Battle (Huw Merriman), for their ongoing and long-standing work. I greatly appreciate all the support I have received from colleagues across the House.

As we have heard, stalking is an insidious and dangerous crime with devastating consequences for victims and their families. Acts that initially appear, as we have heard, to be trivial, when seen as a whole have an extraordinary effect, not just on the individuals immediately affected but on everyone around them. Stalkers contact not just members of the family—my hon. Friend the Member for Cheltenham spoke about his constituent, Dr Aston—but people’s workmates and neighbours. There is a sense in which it never stops. As we heard from my hon. Friend, it is often described as murder in slow motion. It affects people’s physical and mental health, leaving them feeling isolated and fearful. It can escalate rapidly. In the context of domestic violence, about 50% of threats of violence are acted on, and there are many examples in which stalking has escalated to rape and murder.

Stalking behaviour is much more common than people realise. About one in five women and one in 10 men experience some kind of stalking behaviour in their adult lifetime, according to the crime survey for England and Wales. It typically takes about 100 episodes of stalking behaviour for victims to come forward. That is what the Bill is partly about. It is also about raising awareness and allowing this to be taken seriously. We hear time and again of people coming forward to report stalking behaviour, but it is dismissed as somehow a compliment.

[James Cartlidge]

I am impressed by what my hon. Friend is saying, as it shows the great passion that she has brought to the Bill. We would all agree that it adds huge value by protecting our constituents and bringing greater security and peace of mind to those who have suffered from this, knowing that others may be better protected in future.

[Dr Wollaston]

I thank my hon. Friend.

Raising awareness will help to encourage more people to come forward. There has been some encouraging progress. In the 2017-18 crime survey for England and Wales, there were more than 10,000 recorded offences of stalking, almost double the previous number of 5,313. The increase is likely to be due to improvements in the recording of the crime, rather than an increase in stalking. That is an important point: laws in themselves will not protect victims. A key focus is to make sure that we have better recording so that victims are more confident about coming forward. That does not mean that every instance of unwanted attention will lead to prosecution for stalking—of course not.

Stalking is a type of harassment characterised by fixation and obsession. As hon. Members have said, the Bill will allow earlier intervention, rather than allowing that to become a deeply ingrained pattern of behaviour that carries on for decades. We heard that Emily Maitlis’s stalker pursued her for more than two decades and even, disgracefully, managed to continue his behaviour from prison. There is a possibility that, if we can intervene at an earlier stage, we can stop this behaviour in its tracks, and I think that that is an important aspect of the Bill.

I pay tribute to the courage of all the victims who have come forward and spoken out. I am not talking just about celebrities; as we have heard, stalking affects people in their everyday lives, and stalking patterns of behaviour sometimes follow relatively trivial encounters. I pay particular tribute to Alexis Bowater, from my own area, for her long-standing work and her campaign for changes and increased protections.

[Luciana Berger]

I, too, welcome the courage of the people who have been able to speak out, but we should recognise that hundreds, if not thousands, of people throughout the country are unable to do so. I have heard victim impact statements read out in court from people who have not been able to come forward because the stalker’s behaviour has had such a negative impact that it has affected their mental and physical health, and their ability to conduct their daily lives. That has impeded them from speaking out, although they may have wanted to.

[Dr Wollaston]

That is an extremely important point. There is, of course, another group who cannot speak out: those who have lost their lives at the hands of stalkers. Some of the most moving testimonies that I heard when I was preparing the Bill have come from families who have been bereaved by stalking. I am thinking in particular of the family of Alice Ruggles. I pay tribute to all those people, and I am grateful to the Minister for meeting some of them at a roundtable. I think that we were both struck by their personal courage and bravery in trying to change a hideous experience into an attempt to protect others in the future, and I thank them all.

Another point that has been raised today concerns the growth of online stalking. There is nothing new about stalking, but, sadly, what is new is the increase in the number of avenues that are open to stalkers. That is one of the reasons the Bill does not strictly define stalking. This is a rapidly evolving, changing field, and it is important for us to retain some flexibility. The number of avenues that are open has increased even over the last few years, and if we defined stalking too tightly, we might restrict future opportunities to head off stalking behaviour. The Bill leaves the definition open, giving examples of the kinds of behaviour that could constitute stalking. As I have said before, the point about stalking is the fixated and obsessive nature of it, and the fact that it is a form of harassment. That needs to be recognised as a whole. My hon. Friend the Member for Cheltenham made an important point when he said that an app should be considered. That would enable the full picture to be seen, and I hope that the Minister will consider adopting my hon. Friend’s welcome suggestion.

The Bill is important because it fills a significant gap in the law relating to those who are subject to so-called stranger stalking—that is, stalking by someone who is not a former, or indeed current, intimate partner. It is also important because it takes the onus away from the victim. It means that someone else can come forward to apply for a civil stalking protection order on the victim’s behalf, rather than the victim’s incurring a huge amount of expense and trauma in trying to establish protections on their own behalf. That is one of the key features of the Bill. Moreover, because this is a civil order, it can be imposed on the balance of probabilities—although, importantly, breaching it is a criminal offence. There are real penalties, which I think have been lacking in the past. Stalking is punishable with up to five years’ imprisonment. However, the protection order is not intended to replace a prosecution for stalking. When the criminal threshold has been met, we would expect the police and the whole criminal justice system to go down that route, but we know that a case can take time to build. The point about a stalking protection order is that it could be there while that case was being built for a full prosecution.

[Alex Chalk]

My hon. Friend is making a very important point, not least for this reason. A substantive and full prosecution could allow the court to consider the entirety of the conduct in its full context, to ensure that the punishment was truly fitting and appropriate. If the prosecution related purely to a breach of a stalking protection order, the courts might not have the powers that they required, because the offending itself would not be fully set out. Does my hon. Friend agree?

[Dr Wollaston]

Absolutely. Following the important work that my hon. Friend has himself undertaken, longer sentences are available following a full prosecution for stalking. However, as he will know, it takes time to build a case, and in the meantime the behaviour is allowed to continue.

Another feature of the stalking protection order is that it has both positive and negative requirements. It is a bespoke order, so it can allow the court to include a requirement to undergo a psychiatric assessment or, if necessary, to take part in a perpetrator programme. I hope that the Minister will look into perpetrator programmes, and what we can do to ensure that more of them are available where they could help.

The Bill also makes it possible to consider the full range of stalking behaviour in imposing prohibitions. For example, much more of such behaviour now encompasses online stalking. The orders would ensure that perpetrators not only registered their names and addresses, but registered all their names and addresses, and the aliases that they used. They could be required not to have encryption software on their computers, so that it could be demonstrated whether or not they were continuing to contact their victims using another means. If, for example, they did have encryption software, that in itself would constitute a breach of the order and a criminal offence. A bespoke order allows us to be flexible about all the different methods that perpetrators are currently using.

Some people may fear that we would use the orders in inappropriate circumstances. Others have suggested to me that a person who complains of being stalked may, in fact, turn out to be the stalker. That is why this must be a very careful process, and the orders must be demonstrated to be necessary to protect. They must pass that test. As my hon. Friend the Member for Cheltenham has already pointed out, there needs to be a very effective process for people to be able to come back and challenge the orders, and that, I think, is another important aspect of the Bill.

Overall, the Bill improves protection for victims against what is a really horrible crime, which is much more common than people realise. It fills a gap in the law for those who are victims of so-called stranger stalking, and I think that it has shown the House working at its best. Colleagues on both sides of the House have recognised the gap in the law and made constructive suggestions for improving it. I am grateful to everyone who has supported the Bill and helped it to make progress.

--- Later in debate ---

[Dr Wollaston]

I thank the Minister, her officials and Members on both sides of the House. This debate has shown Parliament at its best. I look forward to the Bill making progress in the other place, and I thank Baroness Bertin for taking it forward.

Question put and agreed to.

Bill accordingly read the Third time and passed.