Crime: Stalking

Lord Taylor of Holbeach Excerpts

Tuesday 12th March 2013 Lords Chamber

[Lord Kennedy of Southwark]

To ask Her Majesty’s Government what action they are taking to ensure effective implementation of the stalking offences under the Protection of Freedoms Act 2012.

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)]

My Lords, the new stalking offences have been in force for just over three months. On implementation, the Home Office published a circular providing advice on the interpretation of the new offences. Before then, and subsequently, we have worked with the police and the Crown Prosecution Service to update their training and guidance. We continue to engage with partners to ensure that the offences are being used effectively.

[Lord Kennedy of Southwark]

My Lords, 10 months ago, legislation was enacted which, for the first time, made stalking a specific criminal offence. The two new stalking offences have been in force for almost four months and yet we hear from campaigners and victims of stalking that the Government have done next to nothing to ensure that the criminal justice system, police and victim support services are properly trained in the use of these new offences, that the training varies from police force to police force and that many officers are not even aware that the stalking offences exist. Will the Minister tell me what mandatory training the Government have introduced for police officers and criminal justice professionals in relation to the new stalking offences and what input victims and stalking charities have had in its development?

[Lord Taylor of Holbeach]

My Lords, I am sorry that the noble Lord clearly was not listening to my initial Answer because, as I have explained, the Government are in continuous engagement with both police forces and the Crown Prosecution Service on the effectiveness of the new offences. On 8 March, we published a new, updated action plan to deliver our strategy to end violence against women and girls. The plan includes specific new actions on stalking, which provide commitments to raise awareness of stalking and to monitor the implementation of these new stalking offences. Data on these new offences will be published in May 2012, which will help inform further action.

[Baroness Brinton]

My Lords, does the Minister agree that there is a serious concern about those stalkers who have continually breached restraining orders—that is, no-contact orders—but have time and time again not received custodial sentences? Many have breached restraining orders on many occasions, but the police and courts have not taken this into account in the suffering of the victims who continue to be stalked between these court appearances. Will the Government ensure that the law changes so that there is an assumption that when restraining orders are repeatedly violated, the sentencing should start with custody?

[Lord Taylor of Holbeach]

I do not want to move on to the question of sentencing policy, but I want to emphasise that the Government take the offence of stalking seriously; so does my noble friend, who I know is a member of the Justice Unions’ Parliamentary Group, which published a very helpful report on the subject. I note what she said, but I ask her to remember that the Home Office is in continual dialogue with the Crown Prosecution Service on the way these new offences are being implemented.

[Lord Foulkes of Cumnock]

My Lords, the Minister said that a lot of talking was taking place but he did not indicate what action was taking place. Did he answer the question of how many prosecutions there have been to date under this new law regarding stalking offences? If he did not, why not?

[Lord Taylor of Holbeach]

Those data are not available.

[Lord Foulkes of Cumnock]

Why not?

[Lord Taylor of Holbeach]

I am sorry, but they are not collected and compiled until some time after the incidents have occurred. As I have said, the data will be available in May 2012—

[Noble Lords]

2013.

[Lord Taylor of Holbeach]

I am sorry, 2013—as a result of the collation of the data for the first six months of implementation.

[Baroness O'Cathain]

My noble friend has been very informative about what has happened. After all, nothing was done—there is no point in the noble Lord, Lord Foulkes, shaking his head—by the previous Government. Does my noble friend have any idea whether any advice is given to girls, particularly in the last stages of their schooling, about what could happen and what advantages there are in learning how to avoid stalking?

[Lord Taylor of Holbeach]

This is part of a fuller education strategy in sexual health and education involving both young men and girls, which I hope is being practised by schools across the country.

[Baroness Howe of Idlicote]

My Lords, will the Government reassure us that they will be paying particular attention to the use by stalkers of the internet, where the stalker can reinvent themselves as a victim and cause even greater misery and upset to the entire families of those being persecuted in this way?

[Lord Taylor of Holbeach]

The noble Baroness is also a member of the justice unions group, and I am grateful for the work that that group did. Cyber offences are explicitly included in the new offences and are designed to recognise that stalking can take many different forms. It is a form of harassment that this Government will not tolerate.

[Lord Mackenzie of Framwellgate]

My Lords, does the Minister agree that emphasis should always be put on the fact that stalking, like domestic violence, has male victims as well as female?

[Lord Taylor of Holbeach]

Yes. It is quite interesting that in the Crime Survey for England and Wales, 4.2% of females complained of being stalked and 2.7% of men also complained of being victims. It affects people regardless of gender.

[The Earl of Courtown]

My Lords, I seem to remember that prior to 1997 Lord McIntosh of Haringey, a friend of the whole House, had a Private Member’s Bill that was supported by Her Majesty’s Government and Lady Blatch. What was the effect of that Bill on the offence relating to stalking?

[Lord Taylor of Holbeach]

Until the existing offences came in in November, prosecutions had to rely on the Protection from Harassment Act 1997, which shows how long ago it is that this specific crime was legislated for. We now have some new offences. I have tried to reassure the House that by May we will know what the impact of these new offences will be on prosecutions, and I hope that we will see this particular crime being stamped out in the way that it should be.

[Baroness Royall of Blaisdon]

My Lords, can the Minister explain why victims of stalking are not eligible for basic protections available to victims of domestic violence? He might wish to write to me with answers. Apparently domestic violence protective measures such as TecSOS phones, sanctuary schemes and installation of CCTV cameras, which are made available automatically to victims of domestic violence, are not made available to the victims of stalking. It is right and proper that they should have the same protection.

[Lord Taylor of Holbeach]

I can certainly research that for the noble Baroness. The Home Office already provides funds to support victims of stalking through the national stalking helpline, which provides help and guidance. Indeed, the independent domestic violence advisers who are also funded by the Government, and the independent sexual violence advisers, have involvement in stalking cases also. It is a very short step between violence and the stalking offence. The Government recognise that and I think noble Lords will too.