Oral Answers to Questions

Rachel Maclean Excerpts

Wednesday 23rd February 2022 Commons Chamber

[Andrew Gwynne (Denton and Reddish) (Lab)]

10. What steps she is taking with the Home Secretary to tackle the potential causes of recent trends in the level of reported sexual offences.

[The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)]

We know that rape and sexual offences are still too often hidden crimes and we want to see more victims having the confidence to report. We have seen a large increase in police-recorded sexual offences. There is some good news in that, because it is likely to reflect victims having additional confidence to come forward to report in the wake of some high-profile cases and the reopening of the night-time economy. We are committed to doing everything we can to prevent these crimes and bring perpetrators to justice. That is why we have outlined, through our rape review, a robust plan of action to drive improvement at every stage of the criminal justice system.

[Catherine West]

One in 75 women who report rape see their case come to a conclusion and a conviction. What does the Minister say to women who say, “I haven’t had my case properly investigated, I haven’t had my day in court and the police are telling me there will be no further action—why don’t I just get my brothers and cousins to go round and sort him out?”? What does she say to people who are so desperate that they take the law into their own hands?

[Rachel Maclean]

I would never condone people taking the law into their own hands, and I am sure that the hon. Member agrees. However, we are aware that there are issues across the whole criminal justice system. On the Crown Prosecution Service and court system, we have opened ourselves up to transparency and our partners in the police forces and the CPS have said that they need to do more. To improve the rate of rape prosecutions, we have set ambitious asks of all our partners across the criminal justice system, and I will continue pushing that.

[Andrew Gwynne]

Labour Members believe it is time for judges to be able to hand out enhanced sentences and increased punishments for all crimes that are committed on the basis of prejudice against women, so why are the Government seeking to overturn our call to make misogyny a hate crime?

[Rachel Maclean]

I have had a number of questions on this topic this morning. The Government are considering the Law Commission’s proposals on this issue. That is sensible and right. I am sure that all hon. Members would agree that there is no point in our putting measures on the statute book that would have a harmful effect on prosecutions, but that is exactly what the Law Commission’s legal experts have suggested would happen. We are therefore not minded to make misogyny a hate crime, because that is not the way to tackle these systemic issues. We are determined to deal with violence against women and girls, but I am afraid that that is not the way to do it.

[Mr Speaker]

I call the Chair of the Women and Equalities Committee, Caroline Nokes.

[Caroline Nokes (Romsey and Southampton North) (Con)]

Public sexual harassment is a gateway crime to some of the more serious sexual offences highlighted by my hon. Friend. She may not agree that misogyny should be a hate crime, but does she agree with the Law Commission that public sexual harassment should be a specific crime? Please can we see action to have it legislated for quickly rather than pushed into the long grass?

[Rachel Maclean]

My right hon. Friend is right that the Home Office is looking carefully at whether there should be additional offences. I draw her attention to the fact that a number of measures are already on the statute book. I encourage women and girls to come forward; in fact, we are producing and creating a high-profile national communications campaign across TV and all our broadcast systems to encourage exactly that. We want to stamp it out and for perpetrators to be tackled.

[Mr Peter Bone (Wellingborough) (Con)]

Women and girls who are victims of human trafficking suffer the most appalling sexual offences, yet in 2020 there were only 13 convictions for human trafficking. Today, I have published my private Member’s Bill—the Human Trafficking (Sentencing) Bill—which would require the Government to review the situation to ensure that more victims see the perpetrators behind bars. Given what the Minister has said, will she assure me that the Government will support my Bill on Friday?

[Rachel Maclean]

I thank my hon. Friend for his consistent advocacy for the victims of some of these most appalling crimes. He and I have spoken in detail about the measures that the Government are already taking to protect women and girls. Through our modern slavery legislation, they are at the centre of our protective measures. We will put our arms around them. We are already supporting them through the national referral mechanism, and we should be proud of that work. We are leading the world in our support for victims of trafficking.

[Anneliese Dodds (Oxford East) (Lab/Co-op)]

The Minister’s awareness of problems with tackling sexual crimes is not good enough. We need action. Recording misogyny as a hate crime helps to

“seek justice and get support for victims”.

It helps to

“build a picture of intelligence which informs policing plans,”

and it sends

“a powerful message that this behaviour is not acceptable and there will be consequences.”

Those are direct quotes from officers in the North Yorkshire police and Nottinghamshire’s chief constable. Can the Minister explain why the Government seem to disagree and are planning to overturn Labour’s amendment to make misogyny a hate crime?

[Rachel Maclean]

I am afraid the hon. Lady was not listening to the response I gave earlier. I was very clear that we do not seek, as responsible legislators, to put measures on the statute book that have a harmful effect. The experts at the Law Commission—[Interruption.] I wonder why she is shaking her head. I advise her to read its report in detail, which is clear that the Labour amendment she champions would make it harder for us to prosecute sexual offenders and rapists. We on the Government Benches would not like to see that taking place.

[Anneliese Dodds]

I have been listening: I have been listening to police forces, to their officers and to victims. That is why we support the amendment.

Next week marks a year since Sarah Everard’s kidnap and murder. That appalling case should have spurred action to tackle the epidemic of violence against women. Instead, sexual offences and rape have hit record highs, while prosecutions have fallen to record lows. We must treat this violence as seriously as we treat terrorism and organised crime. Will the Government make violence against women and girls a strategic policing requirement?

[Rachel Maclean]

I think there is a lot of agreement across the House, despite the tone with which the hon. Lady has spoken to me. Violence against women and girls and dealing with rape prosecutions is a priority, which is why we have allocated record sums to tackle those horrendous crimes. The measures she mentions are something we are looking at and we will come forward with more information shortly.

[Kate Osborne (Jarrow) (Lab)]

2. If she will take steps with Cabinet colleagues to de-medicalise the process of obtaining a gender recognition certificate. [R]

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[Sarah Green (Chesham and Amersham) (LD)]

6. What plans she has with the Home Secretary to bring forward legislative proposals to make misogyny a hate crime.

[The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)]

As I said, the Government currently have no plans to make misogyny a hate crime. The reason is that we have consulted the legal experts on that subject. The Law Commission concluded that the proposal could do more harm than good in our efforts to tackle violence against women and girls, and I am sure that the hon. Lady would not wish to see that happen.

[Christine Jardine]

I thank the Minister for that, but the reality is that more than 80% of 18 to 24-year-olds have already experienced sexual harassment in a public place. If the Government were to legislate, it would allow the police to act. Does she not agree that, more importantly, it would also send a message out to people across this country that misogyny, sexual harassment and bullying based on gender is unacceptable in every sector of life?

[Rachel Maclean]

No, I do not agree, and that is not what the Law Commission said. It said that that would be actively unhelpful and harmful to our efforts to tackle exactly the issues that the hon. Lady mentioned. I am afraid that I am at risk of repeating myself: we want to bring these perpetrators to justice and we are tackling this issue at the source. Making misogyny a hate crime would make it more difficult to prosecute all forms of hate crime, including those related to race and ethnicity.

[Sarah Green]

I fear that I am going to ask the Minister to repeat herself, because the Government’s response to persistent violence against women and girls has been to support the Path Community app, which asks women to protect themselves by sharing journeys home, and to launch StreetSafe, which asks women to report where they feel unsafe. That yet again puts the onus on women when they are not the problem. Last year, a study of sexual aggression in UK male university students found a correlation between misogynistic views and a proclivity for sexual violence against women. What message does it send that the Government’s response to persistent violence against women is, “There’s an app for that.”? I urge the Minister, please, to tackle the root cause and work with the Home Office to make misogyny a hate crime.

[Rachel Maclean]

I refer to my previous remarks.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

5. What steps the Government are taking to support women in the workplace.

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[Paul Maynard (Blackpool North and Cleveleys) (Con)]

T2.   As the Minister will know, a hate crime occurs when a crime is committed and is aggravated by the victim’s protected characteristic, yet in recent weeks we have seen the existence of a statue described as a hate crime, along with the sale of Midget Gems in a supermarket. Neither is a crime, let alone a hate crime. Does the Minister agree that trivialising such incidents and misrepresenting hate crime will make victims of disability hate crime less likely to report those crimes?

[The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)]

I fully agree with my hon. Friend and would encourage all of us to choose our words wisely. It is important to remember that hate crime is a devastating and often violent crime, requiring evidence to be presented in court and proved to a criminal standard. I would encourage victims always to report such crimes.

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[Robert Halfon (Harlow) (Con)]

T5. I have a tragic case in my constituency. A 14-year-old girl was a victim of rape, and now her attacker has been allowed to live 120 metres away from her, causing her and her family intolerable distress. Will the Minister meet me to discuss the case, and will she work with me to ensure that victims can live safe in the knowledge that their abusers will never be allowed to live near them again, and that judges will prioritise the rights of victims over their attackers?

[Rachel Maclean]

I am of course appalled to hear of that tragic case, and either I or a Minister from the Ministry of Justice will be happy to meet my right hon. Friend. It is vital that we protect the public, particularly from sex offenders, which is why offenders on licence are subject to a number of conditions, including where they live and work.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

T3. We know that hate crime is often intersectional, especially in diverse constituencies such as mine. Many victims have more than one identity: they may be black, and they may also be LGBT women. However, the current legislation does not allow multiple characteristics to be recorded, so often the data lacks accuracy and depth. Will Ministers please work with us to address this, so that we can build a real picture of the people who are being targeted by hate crime?

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[Mrs Maria Miller (Basingstoke) (Con)]

Four in 10 young women in this country have received an unsolicited naked image of a man’s genitals. This sort of abuse has absolutely no place in our society. Will my hon. Friend please ensure that this is made a sex offence in the online safety Bill?

[Rachel Maclean]

I thank my right hon. Friend for her consistent campaigning against this disgusting form of abuse against women and girls. I can do no more than refer to my right hon. Friend the Prime Minister, who is sitting behind me and who has himself committed to introducing cyber-flashing as an offence as soon as possible.

[Mr Speaker]

Before we come to Prime Minister’s questions, I would like to point out that the British Sign Language interpretation of proceedings is available to watch on parliamentlive.tv.