Protection from Sex-based Harassment in Public Bill

Debate between Peter Gibson and Christopher Chope

Report stage
Friday 24th March 2023 Commons Chamber

[Sir Christopher Chope]

With the greatest respect to my right hon. Friend, I think he is conflating two dissimilar situations, because the situation he is describing is already an aggravated offence and what we are talking about here are offences that are not aggravated. Indeed, this Bill has been introduced because they are not regarded as aggravated offences and thereby qualifying for greater punishment.

It is a mistake to try to equate a situation where something is already an aggravated offence with the situation described in this Bill. If a person is harassing or making remarks to somebody in the mistaken belief that they are trying to insult a woman, but it turns out that they are a man, that seems to me to be a mistake. Although that will probably still enable the person to be convicted of a public order offence, it will be a public order offence not because of their behaviour, but because of that person’s sex. It is semantics, I am prepared to concede, but that is why I introduced that amendment.

[Peter Gibson (Darlington) (Con)]

Before the intervention of my right hon. Friend the Member for Tunbridge Wells (Greg Clark), was my hon. Friend saying that misgendering somebody would cause less offence to them as opposed to greater offence? To my mind, any sexual-based harassment, whether it be misgendered or correctly gendered, will still cause offence.

[Sir Christopher Chope]

I have tried to avoid—and have done so up to now—getting into the debate about the difference between sex and gender. I will not rise to my hon. Friend’s bait to try to develop arguments around that. The Bill, commendably, is specific to sex, and it leaves out gender. I will leave it at that if that is all right with my hon. Friend.

This brings me to the conclusion of my remarks. I will not say what my intentions are in relation to these amendments until I have heard from the Minister, which I hope, Madam Deputy Speaker, you will think is a reasonable approach to take.