Crime and Policing Bill

Tracy Gilbert Excerpts

Tuesday 14th April 2026 Commons Chamber

[Sarah Jones]

I thank my hon. Friend, and pay tribute to the Women and Equalities Committee and its work. As I said, this has been a journey, and a lot of Members from both Houses have played a really important role. Ministers in the Ministry of Justice, the Department for Science, Innovation and Technology and the Home Office have been listening very carefully to what MPs have been advising. I am very pleased that we were able to respond.

In addition to bringing in the take-down duty, we will give statutory backing to a register of non-consensual intimate images. Amendments (a) and (d) in lieu of Lords amendments 259 and 260 will enable the Government to designate a trusted flagger, most likely the revenge porn helpline. That will give Government backing to a trusted source of NCII content that can be used by platforms and internet service providers to identify those images. The amendments will also enable the Government to make further provisions, by regulations, on the operation of the register, following a scoping exercise. Those provisions include provision for the Secretary of State to impose requirements on providers to share hashes, and other information deemed necessary, with the register. Hashes, for the benefit of the House, are unique codes used to mark non-consensual intimate images. The scoping exercise will allow us to evaluate the technical requirements, so that we can ensure that the register can be used by victims, platforms and internet service providers to remove or block NCII content. As Lords amendment 260 recognised, proceeding by regulations will enable us to properly evaluate the requirements necessary to ensure that the register operates as effectively as possible.

Turning to two more amendments from Baroness Bertin, Lords amendments 263 and 265, I think we in this place all share her determination to stop the spread of dangerous, demeaning and illegal pornographic content online. On Lords amendment 263, I completely agree that there is a need to curtail the depiction of step-incest pornography, in cases where what it portrays is illegal. The Government’s amendment in lieu will extend the new offence of possession and publication of incest porn to include depictions of step-incest where one of the persons is portrayed as being under 18. Additionally, amendment (a) in lieu of Lords amendment 265 addresses the concerns raised by Lords amendment 265 by criminalising the possession or publication of pornography that depicts an adult credibly role-playing as a child. That makes it clear that content that mimics and risks normalising child sexual abuse will not be tolerated. But we will not stop there. As well as introducing those offences, the Government have committed to producing a delivery plan for how we can close the gap between the regulation of online and offline pornographic content. What is illegal offline should be illegal online.

Lords amendment 264 rightly raises concerns about how we best strengthen safeguards against the sexual exploitation of persons appearing on pornographic websites, an issue raised by my hon. Friend the Member for Lowestoft on Report. We agree with the principle and the need to address this issue, but further work is required across Government on considering what the most effective approach would be to strengthening arrangements to ensure that persons appearing in pornographic material are aged 18 and over, and consent to the material being shared online. Government amendments (a) to (f) in lieu of Lords amendment 264 place a duty on the Secretary of State to report to Parliament on the outcome of this work within 12 months of the Bill receiving Royal Assent, and introduce a power to make regulations giving effect to that outcome.

[Tracy Gilbert (Edinburgh North and Leith) (Lab)]

I thank my hon. Friend for reassuring us that these amendments have a timescale of 12 months. What are the Government doing behind the scenes to progress this work as quickly as possible? Can she outline the work that she has undertaken to ensure that the regulations are introduced within those 12 months?

[Sarah Jones]

There is a powerful group of Ministers working very hard on that. Not least among them is my colleague in the Home Office, the Minister for Safeguarding, who is leading the wider work on violence against women and girls. There is a whole programme of activity, whether by Ministers or officials, across DSIT, the Home Office and the Ministry of Justice to make sure that we get these things right. They are complex, and they involve Departments working together, stepping up and taking responsibility for this work, which is very much ongoing. We want to get this right; that is why we have set the 12-month timescale. The important thing is not only the outcome of that work, but the power to make regulations, as we will, that give effect to that outcome.

Lords amendment 311, introduced by Lord Walney, seeks to grant a power to the Secretary of State to proscribe organisations deemed to be extreme criminal protest groups. The Government understand the concerns expressed in both Houses about the sustained impact of criminal activity by certain protest groups, and, where such conduct meets the threshold for a proscription order under the Terrorism Act 2000, the Government will act, and have already acted. However, we are not persuaded that the introduction of a proscription-lite regime is necessary or proportionate in instances where that threshold is not met. This view is shared by Jonathan Hall KC, the independent reviewer of terrorism legislation, who recently expressed concerns about the adverse consequences of this amendment for the established proscription regime in the Terrorism Act 2000. I urge hon. Members to read the four-page note that he published online last week.