Debates between Victoria Atkins and Caroline Nokes during the 2019 Parliament

Mon 25th Oct 2021
Mon 6th Jul 2020
Domestic Abuse Bill
Commons Chamber

Report stage & 3rd reading & Report stage & Report stage: House of Commons & Report stage & 3rd reading

Cyber-flashing

Debate between Victoria Atkins and Caroline Nokes
Tuesday 25th January 2022

(2 years, 2 months ago)

Westminster Hall
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Victoria Atkins Portrait The Minister of State, Home Department (Victoria Atkins)
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May I say what a pleasure it is to serve under your chairmanship, Mr Gray? Thank you for your munificence in holding on until I raced my way here this afternoon.

I also thank my hon. Friend the Member for Brecon and Radnorshire (Fay Jones) for securing the debate and for all her work on this vital issue since entering Parliament. Looking at my right hon. and hon. Friends across the Chamber, I genuinely see a group of very, very committed female parliamentarians who are doing everything that they can from the Back Benches to ensure that women and girls are protected in our society. I will try to reference them in my response.

I reiterate the horror set out by my hon. Friend in some of the experiences that we know about through campaigning organisations such as Brook. Women travelling on public transport or just going about their day-to-day lives can have such images thrust upon them and inserted into their lives without any consent.

My right hon. Friend the Member for Basingstoke (Mrs Miller) raised the absolutely valid point of consent. Indeed, she has been doing really groundbreaking work in highlighting the threat of deep fake pornography. Sadly, I think that we are only just beginning to see the potential and pernicious effect of that form of pornography. My right hon. Friend is very much leading the campaigning and raising awareness of those new ways in which criminals and others are using the internet.

My hon. Friend the Member for Brecon and Radnorshire quoted the Prime Minister’s response to a question about cyber-flashing from my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) during a sitting of the Liaison Committee. He said:

“I don’t care whether flashing is cyber or not, it should be illegal.”

In his own inimitable way, he has set out the Government’s approach to cyber-flashing. We absolutely support the development of such an offence, and we are carefully considering an offence along the lines of that proposed by the Law Commission.

My hon. Friend the Member for Brecon and Radnorshire asked whether the Online Safety Bill might be the vehicle through which that law was brought about. We are actively looking at that, but we very much understand the need for speed and, indeed, the wish of women and girls around the country for the issue to be dealt with quickly and effectively.

As my hon. Friend set out, criminal offences that may serve to deal with such situations already exist, and she listed a few of them. We recognise, however, the potential problems that may limit the application of some of those offences. In our discussions, the police and Crown Prosecution Service raised the practical difficulties of using section 66 of the Sexual Offences Act 2003, for example, because that particular offence requires that the genitals exposed are those of the offender. That may of course be very difficult to prove. In a situation where a woman received such a photograph on a crowded bus or tube carriage, for example, it would be an almost impossible element to prove, by definition. As such, we understand that there is a need to change the law, and also to reflect on the impact that these images can have on women and girls going about their business day to day. They may be distressed, worried, humiliated or frightened. Imagine a 15-year-old girl getting a bus home from school on a dark winter’s night, and this image pops up on her phone. She will be worrying, I would imagine, about what will happen to her when she gets off that bus to make her journey home. We absolutely understand that.

That is why, as a result of the concerns expressed by my hon. Friend the Member for Brecon and Radnorshire and others, as well as wider concerns about the development of new technology and how it is being used by perpetrators to commit offences, we wanted to understand whether the law as it is has kept pace with modern behaviour. It is why we asked the Law Commission to review the law on harmful online communications, to ensure that if change is needed, we do so in the right way. It reported last year, and I am extremely grateful to the Law Commission for that report, which recommended, among other things, a new criminal offence relating to cyber-flashing.

It is worth noting—indeed, my hon. Friend, in her usual thorough manner, did exactly this—that the offence of cyber-flashing is increasing in prevalence. According to the British Transport police, there were 66 reports of cyber-flashing in 2019, compared with 34 in 2018 and just three in 2016. Of course, as campaigns such as that of my hon. Friend get more traction, we are very alive to the risk that we will hear of more instances, because women and girls will know that they are not the only ones suffering these incidents and will, I hope, have the confidence to report them to the police. Having commissioned the Law Commission review, we are now working to ensure that we can change the law to reflect the realities of life in the 21st century.

My right hon. Friend the Member for Romsey and Southampton North, in her usual thorough and rightly pressing way, invited me to discuss the issue of public sexual harassment. Again, through the tackling violence against women and girls strategy, we have looked at that phenomenon, because we hear from campaigners that they believe that not just the nature but the frequency of such incidents has got worse and more prevalent over time. We keep under review the existing offences that are in place, but I know that my right hon. Friend will continue to be a strong advocate for a change to the law in this area.

Caroline Nokes Portrait Caroline Nokes
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Will the Minister briefly reflect on the fact that it is not just campaigners, me and Members from across the House who are calling for a change in the law, but the Law Commission?

Victoria Atkins Portrait Victoria Atkins
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Indeed. I was just about to say that my right hon. Friend has been joined by excellent company in the form of the Law Commission. She will, I am sure, appreciate that we are taking a little bit of time to consider this issue carefully.

My hon. Friend the Member for Brecon and Radnorshire spoke about the Online Safety Bill being the perfect vehicle for such a change in the law. As she would expect, we are working closely with our DCMS colleagues to explore the potential of that. Reference was made to the Women and Equalities Committee report that was published this week, and we invited the House to join us in drafting that Bill through pre-legislative scrutiny. My hon. Friend will know that a Joint Committee reviewed it very carefully and, of course, all of those considerations will be taken into account as DCMS takes the Bill forward.

My hon. Friend the Member for Rushcliffe (Ruth Edwards) made the fair point that while the Government look to legislate in due course, there is nothing to prevent internet companies from acting now. We should absolutely encourage these tech companies to consider their own moral duties to the public. They do not need to wait for us to pass a law: they can do the right and decent thing to stop women and girls suffering this sort of behaviour.

I would like to reassure my hon. Friend the Member for Brecon and Radnorshire and every colleague who has joined us this afternoon that we are actively and carefully considering the Law Commission’s recommendation on cyber-flashing, and are looking to identify a legislative vehicle as we aim to introduce a new, specific offence to criminalise it.

Question put and agreed to.

Afghan Citizens Resettlement Scheme

Debate between Victoria Atkins and Caroline Nokes
Monday 25th October 2021

(2 years, 5 months ago)

Commons Chamber
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Victoria Atkins Portrait Victoria Atkins
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In answer to the hon. Lady’s many questions, she may recall that, in the course of the oral statement on 13 September and indeed in the “Dear colleague” letter that accompanied it, I had to be frank with the House in relation to the emails Members of Parliament had been sending—about people in Afghanistan who are not constituents, but whose safety they understandably want to ensure if they have emailed been and contacted by them—that due to the new situation as it then was in Afghanistan, we would not be able to work those cases as we would expect to in other casework scenarios.

Regrettably, the situation in Afghanistan has not changed since I last addressed the House. We do not have a British Army presence in Afghanistan and we do not have a British consular presence. There are, of course, many members of staff in countries around Afghanistan who are doing their absolute best to work with those who have made the journey into surrounding countries, but we must be realistic about the situation in country. We are working with international partners to find ways and routes out of Afghanistan, but we must do so with the international community.

The hon. Lady mentions the ambitious target of 5,000 that the Prime Minister set for the first year of the Afghan citizens resettlement scheme, and that is in addition to the Afghan relocations and assistance policy, under which many thousands of people were evacuated both before and during Operation Pitting. The majority of Chevening scholars were evacuated, and we are working with international partners to try to find ways for those who remain. The foundation on which the Government are working is to try to do things in what are difficult and fast-evolving circumstances, and to do what is right for people who have already been evacuated here, and those we wish to evacuate in future. I am afraid these things take time, but I hope I have the support of the House in creating the scheme in a way that best serves the interests of Afghans. I understand why the hon. Lady secured this urgent question, but I suggest we will achieve this through day-to-day work and by working together to ensure that the scheme addresses the concerns she raised.

Caroline Nokes Portrait Caroline Nokes (Romsey and Southampton North) (Con)
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This morning I attended an Afghan community day, hosted by the Stronger Communities team in Southampton, and supported by Hampshire County Council, Southampton City Council, and Test Valley Borough Council. That was for Afghan families who are already settled here, or who have come here as part of the ARAP scheme. Their big concern is about families still left in Afghanistan, and they are desperately looking for detail and information about how the Afghan citizens resettlement scheme will work. My hon. Friend is right to point out the complexities, and we know that this will be harder than the vulnerable persons resettlement scheme, precisely because of the situation on the ground in Afghanistan. Will she please give us some hope that the application and allocation scheme is on its way, and that we will be able to provide our constituents with some sort of update?

Victoria Atkins Portrait Victoria Atkins
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I can certainly provide my right hon. Friend with that assurance. We want to get this right, which is why it is taking us a bit of time. I understand the concerns of colleagues, and also, as she said, the real concerns of Afghans already in this country. I have met many, and every one has raised concerns about their families and friends left behind. I understand that, but it will take a bit of time, and I ask the House to bear with us while we try to ensure we get it right.

Strategy for Tackling Violence Against Women and Girls

Debate between Victoria Atkins and Caroline Nokes
Wednesday 21st July 2021

(2 years, 8 months ago)

Commons Chamber
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Victoria Atkins Portrait Victoria Atkins
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May I reassure the hon. Lady? She knows that we have to report to the House each October on our commitments to the Istanbul convention. I am pleased to tell the House that we meet or exceed the expectations of the convention in all but three of the requirements in the convention. Two of the three requirements will be met by the end of this year. We had to pass the extraterritorial jurisdiction measures in the Domestic Abuse Act. That has happened and, with the help of the Scottish Government, they will apply across the United Kingdom. Legislation also needs to be passed in Northern Ireland, and I am told that that will happen by the end of this year. That leaves the support for migrant victims. As the hon. Lady will know, in the Domestic Abuse Act we set out a support for migrant victims scheme, which is due to finish next year, but we take these serious commitments very seriously, unlike other countries. Some other countries do not need to meet the requirements before they ratify, but we do, and I hope and expect, given the commitment in the strategy to ratification, that that is our intention.

We know there are some instances in employment situations where non-disclosure agreements are used legitimately. They must not—I repeat, must not—be used to conceal criminal behaviour, and we want to take this first step with higher education because we are particularly concerned about how some young victims are having to deal with these cases at university.

Caroline Nokes Portrait Caroline Nokes (Romsey and Southampton North) (Con) [V]
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My hon. Friend will understand my disappointment that there is no current commitment to outlaw public sexual harassment. My right hon. Friend the Home Secretary, writing in The Times, indicated that there would be ongoing work to look at gaps in legislation, but her correspondence to Members this evening omitted it. Please will my hon. Friend the Minister, from the Dispatch Box, commit to making sure that, where gaps are identified, they will be acted upon, and swiftly?

Victoria Atkins Portrait Victoria Atkins
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As I hope is clear in the strategy, we are looking very thoroughly at the issue of street harassment. We very much hear the concerns of Members on both sides of the House about whether current legislation meets every instance of street sexual harassment that we see in the survey, that we see as constituency MPs and, indeed, that we have perhaps experienced ourselves. That work will be ongoing, and I am sure I will appear at some point before the Women and Equalities Committee, which my right hon. Friend chairs, to provide an update.

Racist Abuse on Social Media

Debate between Victoria Atkins and Caroline Nokes
Wednesday 14th July 2021

(2 years, 8 months ago)

Commons Chamber
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Victoria Atkins Portrait Victoria Atkins
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I suspect I am not the only person who feels a little astonished that it is this right hon. Member who chose to ask that question about taking immediate action to tackle racism. I remind the House of the findings of the Equalities and Human Rights Commission under his watch—Labour has

“unlawfully discriminated against, harassed or victimised people because they are Jewish.”

I am also reminded that a Jewish female MP had to have police protection at the right hon. Gentleman’s party conference, because of fears for her own safety. I will listen to many people about tackling racism and I will work with pretty much anyone, but I will take a long spoon with which to sup with this particular Member.

Caroline Nokes Portrait Caroline Nokes (Romsey and Southampton North) (Con) [V]
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It is popular to blame mutant algorithms for many things, but social media giants could use them quickly and effectively to shut down accounts that are spouting racist bile. Will my hon. Friend assure me that the Government are prepared to take action against platforms such as Instagram, which have been painfully slow to respond to the horrific racist abuse targeted at black players since Sunday?

Victoria Atkins Portrait Victoria Atkins
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My right hon. Friend alights on an important point. This power is already within the reach of internet companies. Those companies seem to think that their community rules somehow take precedence over the laws of our country, and I imagine that is the same across other countries in the world. The message to those tech companies is this: please listen to the public’s outrage at some of the posts festering on your platforms, and deal with them. It is simply not acceptable to expect players, or victims of such abuse, to deal with it themselves. The tech companies have the algorithms and no doubt the powers to intervene, and they should use them now.

Domestic Abuse and Hidden Harms during Lockdown

Debate between Victoria Atkins and Caroline Nokes
Thursday 14th January 2021

(3 years, 2 months ago)

Commons Chamber
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Victoria Atkins Portrait Victoria Atkins
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I can help the hon. Gentleman with news of a specific pilot project, for which we launched the bidding process just before Christmas, to help support migrant victims of domestic abuse. He will know that there is already support available for some migrant victims, namely those who have a legitimate expectation of indefinite leave to remain because they come to this country on a spousal visa and they are eligible under the domestic violence concession scheme. We are very conscious that there is a cohort of victims who do not fall within those criteria, so this pilot scheme has been created very much in consultation with specialist charities that help such victims. We are in the middle of the bid process, and I am very much hoping we will be able to make some progress in the next couple of months so that we can help those victims first and foremost as victims of domestic abuse, and ensure that their abusers cannot continue their abuse.

Caroline Nokes Portrait Caroline Nokes (Romsey and Southampton North) (Con) [V]
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Can I ask my hon. Friend what specific measures she is taking to reach out to domestic abuse victims in the BAME community who might find it harder to communicate and let others know of the plight they face?

Victoria Atkins Portrait Victoria Atkins
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I thank my right hon. Friend sincerely. Yes, we know that the plight of victims in the BAME community and those of others in similar situations means they may find it very difficult to reach out. The Home Office works very closely with specialist charitable organisations—I myself have the pleasure of working with them as well—to make sure that the policies we are introducing will help with the whole realm of problems, issues and abuse that victims face. I very much thank my right hon. Friend for her help in ensuring that the Women and Equalities Committee scrutinises our work.

Domestic Abuse Bill

Debate between Victoria Atkins and Caroline Nokes
Report stage & 3rd reading & Report stage: House of Commons
Monday 6th July 2020

(3 years, 8 months ago)

Commons Chamber
Read Full debate Domestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 6 July 2020 - (6 Jul 2020)
Victoria Atkins Portrait Victoria Atkins
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My right hon. Friend knows that in recent days a range of views have been expressed, including by two Royal Colleges, on new clause 28 and what it seeks to achieve. Indeed, there are difficulties with the new clause. The Government therefore consider that the right way forward is to undertake a public consultation on whether to make permanent the current covid-19 measure allowing for home use of early medical abortion pills up to 10 weeks’ gestation for all eligible women. Does that reassure her?

Caroline Nokes Portrait Caroline Nokes
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I thank my hon. Friend for that commitment and look forward to the consultation coming forward. It is important that we have the opportunity to look further at how these emergency regulations have worked during the period of covid and that we understand how they can assist women. I am sure that my right hon. and learned Friend the Lord Chancellor will say something about this in his closing comments. I do not know whether the appropriate place is via new legislation or via the consultation that my hon. Friend referred to, but there is clearly a real need for debate and for this House to be able to express its view and understand the issue thoroughly.

The hon. Member for Birmingham, Yardley (Jess Phillips) spoke with her usual forcefulness, and she will know that I have found common ground with much of what she said. I welcome her support for the broad direction of the Bill. I also welcome her comments about the need for us to find a mechanism to support migrant women who are the victims of domestic abuse. I have said this previously in the Chamber and I have no doubt that I will say it again. I vividly recall sitting around a table with my hon. Friend the Minister; my hon. Friend the Member for Charnwood (Edward Argar), who was then in the Ministry of Justice; the noble Baroness Williams, who I think was the Victims Minister; Southall Black Sisters and other charities; and the hon. Member for Birmingham, Yardley, who I always regard as an expert on these matters. There was consensus around the room that we have to find a way to treat the migrant victims of domestic abuse as victims first. I am sure that there are differences of opinion—as there were in the room that day—as to how we best do that. I very much hope that the pilot projects of which my hon. Friend the Minister has spoken will be able to provide us with the data that we need so that we can find a long-term, enduring solution to help, and help effectively, victims of domestic abuse who are here perhaps with no legal public funds or with insecure immigration status that means they are dependent on their partner for their right to be in the UK.

Whether it is the much-needed changes that are to be introduced in respect of the family courts—I welcome new clauses 16, 17 and 18—or other measures, it is crucial that we find a way to make our court system support the victims of domestic abuse. We must find a mechanism whereby it supports the children who might otherwise be obliged to come into contact with perpetrators. I welcome the fact that we are moving to a position wherein the legal process will no longer be able to perpetuate abuse.

My hon. Friend the Minister has worked hard on the Bill, and I welcome the changes that have been introduced. I commend her for having made such enormous progress. It has been a difficult journey for a Bill much delayed. We are not there yet, but I sincerely hope that our noble Friends in the other place do not delay the process much further. I commend my hon. Friend her for her very hard work.