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  • Caroline Nokes – 2022 Speech on the Protection from Sex-based Harassment in Public Bill

    Caroline Nokes – 2022 Speech on the Protection from Sex-based Harassment in Public Bill

    The speech made by Caroline Nokes, the Conservative MP for Romsey and Southampton North, in the House of Commons on 9 December 2022.

    I pay tribute to my right hon. Friend the Member for Tunbridge Wells (Greg Clark), who has done such an incredible job to get the Bill to this point. I appreciate that it has a long way to go yet, but I welcome the cross-party support for it and the comments made by my hon. Friend the Minister.

    I do not recall the first time that I spoke in this Chamber about public sexual harassment, but I vividly recall doing an interview with “Woman’s Hour” in 2019, when I was ridiculed for saying that public sexual harassment should be a specific crime. I remember the commentary on the website afterwards saying I did not know what I was talking about, and I remember the Daily Mail calling me mirthless because I did not think it was funny. The reality is that public sexual harassment is never funny: it is always scary and it dominates the lives of too many women.

    There has been some focus this morning on the lives of young women, but the stark reality is that there is probably not a woman in this place who has not experienced public sexual harassment at some point. It can happen at any age to any person, and it does happen to men as well, particularly young gay men. They need our support every bit as much as women do.

    I certainly remember why I first started talking about this issue: it was largely because of a coalition of really impressive women and women’s organisations—people who had come to see me and raised the issue with me. I am going to list them all, because I argue that, once we have on our side Our Streets Now, Plan International, the Girl Guides, the Soroptimists and the Women’s Institute, we have brought together a very impressive coalition of women of all ages and backgrounds who are prepared to speak up and determined to do so. When we read the statistics, they are absolutely terrifying. They show the sheer scale of the problem. When an issue dominates the Girlguiding girls’ attitude survey and dominates the experiences of young women at school, college and university, we have to reflect that it is well past time that we did something about it.

    I pay tribute to my hon. Friend the Minister, who will have the pleasure—I suggest—of responding to my right hon. Friend’s Bill, of taking it forward, and of seeing it eventually go on to the statute book. However, there is a long history of other committed female Ministers, many of whom, over the past few years, have sidled up to me and said, “Keep going: keep pushing at that door.”

    Let me give some indication of the scale of support there has been. I remember my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), on many occasions in Westminster Hall, begging me to keep going—to keep on asking difficult questions, and to keep on ensuring that this issue remained uppermost in people’s minds—but, of course, she is not the only one. My right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley) has held this brief, as have my hon. Friend the Member for Redditch (Rachel Maclean) and my hon. Friend the Member for Mid Sussex (Mims Davies), who was in the Chamber earlier: she too has played a role in keeping this issue on the priority list. There is also, of course, my right hon. Friend the Member for Maidenhead (Mrs May), not to mention the former Members of Parliament Amber Rudd and Sarah Newton, both of whom also held this brief at various points.

    As my right hon. Friend the Member for Tunbridge Wells said, back in December last year we saw the Law Commission’s review, which clearly stated that the Government should consider making public sexual harassment a specific crime, although, interestingly, at that time the commission rejected the idea of adding misogyny to the list of hate crimes. I was not particularly happy about that, but I was prepared to wear it on the grounds that we would see public sexual harassment made a crime. It was a shame that there was not enough time for the Government to do that, but I pay tribute to my right hon. Friend for bringing the issue as far as this point.

    I want to pay tribute to some of the brilliant women out there in the community who are working both for and alongside the police, whom I consider to be real champions in this regard. The Minister mentioned Maggie Blyth, the deputy chief constable of Hampshire constabulary—my home force—who is also the national police lead for violence against women and girls. I also pay tribute to our police and crime commissioner in Hampshire, Donna Jones. I have attended many events relating to violence against women and girls where she too has proved herself to be a real champion in sticking up for the 51% of the population who are affected by these matters. Another is Caroline Henry, whom I met the day before yesterday to talk about the issues affecting women and girls.

    Let me give a specific example to show why I think the Bill is so important. I have heard successive Ministers say that such legislation is not necessary, because there is existing legislation to protect women and girls from sexual harassment. I am going to recount the story of a constituent who spoke to me about it, and my subsequent conversation with the then Minister about what had happened to that constituent. This was a 22-year-old working in the retail sector—a very glamorous job, pushing trolleys around the supermarket car park in the depths of February. I want Members to imagine her uniform: a puffer coat made of hi-viz material, a pair of leggings, heavy boots, a bobble hat, and, because this was at the height of covid, a mask. She said to me, “I hate lunchtime.” I thought that was bizarre: I thought most young people quite liked having a lunch break. She said, “I have to work from 12 pm until till 2 pm, because that is when the supermarket is busiest and I have to return all the trolleys to the front door, and I hate it.” I said, “Why? What is so difficult about lunchtime?”

    I apologise for generalising, and I apologise to all those employed in the construction industry who will hate what I am going to say next. My constituent replied, “Because that is when the builders come for their lunch.” When I asked what happened when the builders came to the supermarket to get their lunch, she said, “They make comments about me, they follow me around the car park, they talk about how my bum looks, and this week one of them came up to me, put his hands on either side of my face, and told me that I was too beautiful to be pushing trolleys.” I looked at her in horror, and then I went to see the Minister at the time and said, “You’ve been telling me for months that there are crimes already being committed and that there is legislation to protect people like my constituent who tells me that she hates lunchtime and spends it pushing trolleys back to the entrance of the supermarket as quickly as she can, because that is where the security guards are—she spends her lunchtime trying to be within range of the security guards. What was the specific crime there? What legislation can we use to protect girls like her?” She looked at me and said, “I don’t know. I don’t think a crime has been committed there.” I entirely accept that we must not demonise all men and we must not demonise all builders, but that is the type of behaviour that this legislation is designed to counteract, so I welcome it wholeheartedly.

    We know that 50% of young women have experienced sexual harassment in schools or colleges. We know that 37% have experienced it on public transport. I pay tribute to the amazing work done by the British Transport police, among other organisations, to highlight the unacceptability of it and the strategies and tactics that we can all use to stop being bystanders and to intervene and help women in situations where they are uncomfortable and are being harassed. We know that 33% of sexual harassment happens in public buildings and that 75%—three quarters—of all women have experienced sexual harassment at some point in their lives. All of us in this Chamber know a victim of it, which also means that all of us in this Chamber know a perpetrator. It is the perpetrators who we need to identify and we need to stamp out their behaviour.

    I want briefly to talk about the cultures behind public sexual harassment. My Select Committee has done and continues to do significant work on this. I remember telling a colleague that we were doing some work on the cultures that underpin male violence against women, and she looked at me and said, “You’re trying to overturn 2,000 years of male behaviour, are you?” I said, “Yes! Absolutely—that is what we have to do.” We have to put a marker down somewhere. If we are not prepared to do it now, today, in this place, then do we wait another 10, 20 or 1,000 years? Are we prepared to do that? I am certainly not. I find that it is very liberating being a woman in your 50s; you suddenly find that you are in a terrible hurry to get stuff done now. Now is today, and the Bill is that of my right hon. Friend the Member for Tunbridge Wells.

    My Committee is doing some great work looking at the experience of young women in education settings, and it is harrowing. I did a roundtable with the Agenda Alliance for women and girls at risk, which includes girls who have been through the care system and girls who have experienced all sorts of horrors in their lives. Many of them told me about their experiences in pupil inclusion units; we have to be careful about the terminology we use, in terms of whether it is exclusion or inclusion. Girls in those settings are heavily outnumbered. In some instances, it is 90% boys and 10% girls. One of the girls told me that there is a poster in her education setting talking about consent, and every day, that poster is slashed and torn off the walls. She said, “How do you think that makes me feel? It makes me feel that I am not worthy. It makes me feel that I am in danger and at risk in my education setting.” She was perfectly happy to accept that it was a suboptimal education setting, and that there were many reasons why she had ended up there, but she said, “I should be valued and protected as much as the boys in that place.”

    The work that the Committee is doing is fascinating, important and worth while, but it is harrowing to hear the stories and the experiences, particularly of black women working in the music industry and of how they can be sexualised, victimised and harassed because of their skin colour, their sex and the fact that they want to get on in an industry that is incredibly male-dominated and competitive. They feel that if they make a fuss, their careers will be pushed to one side.

    We heard a couple of weeks ago from Fern Whelan, the ex-England footballer, about the experiences she had as a footballer. We like to think that sport is a great leveller and that everybody is equal, but the harassment that women still face in football is significant, and it continues when they move on to careers in the media after they have finished their playing careers. She told a fantastic tale of how she had made a comment and was endlessly trolled for it, with hundreds of comments basically telling her to get back into the kitchen, while her male contemporary had made the same comment and not one single person had reacted to it in any way.

    While these incidents may appear to be the less serious end of harassment, it is cultural, and it is embedded in all the places that women go, where women work and the activities they want to take part in. It is crucial that we pursue the culture. I absolutely accept that it is not all men; there are some brilliant men. I think in particular back to 2020, when women were feeling empowered and emboldened to speak up about their experiences walking home, and I shared the fact that, when I leave this place at night, I do so with my flat keys in my hand and wearing a pair of trainers. I know that they are not much beloved of Madam Deputy Speaker, who would prefer none of us to wear trainers in this place, but actually as a woman it is much easier to run home in flat shoes. I suspect that few of my male colleagues have ever reflected on their footwear before trotting home across Westminster bridge.

    We must tackle the cultures. We must recognise this good Bill, which my excellent colleague has brought forward, as a first step. There will be a very long way to go yet for all of us to stand up for brilliant young women like Maya and Gemma Tutton, who have been such an inspiration to me and others in this place, and ensure that this is a first step and that we continue the work.

  • Alex Cunningham – 2022 Speech on the Protection from Sex-based Harassment in Public Bill

    Alex Cunningham – 2022 Speech on the Protection from Sex-based Harassment in Public Bill

    The speech made by Alex Cunningham, the Labour MP for Stockton North, in the House of Commons on 9 December 2022.

    Alex Cunningham (Stockton North) (Lab)

    Thank you very much, Mr Speaker, and apologies for the croaky voice this morning.

    Mr Speaker

    It is that time of year.

    Alex Cunningham

    It is indeed. I welcome the Minister to her new role. She and I have shared time on Bill Committees, and it is good to be debating these issues again with her. I congratulate the right hon. Member for Tunbridge Wells (Greg Clark) on achieving Government support for his Bill. I very much welcome the people from his constituency who are in the Gallery, and who perhaps played a part in helping him to introduce the Bill. Seeing as they are in the Gallery, I reference a television programme called “God Rot Tunbridge Wells!”, which tells the story of Handel’s life. The honourable people in the Gallery and the right hon. Member may like to watch that programme, because they will see that I play a starring role in it. That is something to look out for.

    I also pay tribute to Plan International UK for all the amazing work it has done in its “Crime Not Compliment” campaign, launched in 2020 to call on the Government to finally make public sexual harassment a crime. My hon. Friend the Member for Walthamstow (Stella Creasy) has named a large number of organisations this morning that have been working in this space, and my tribute goes out to them, as well.

    That we have such behaviour in our society is bad enough, and the statistics in Plan International’s report, “Everything is Racialised on top” make for stark reading. Its work shows that, while 75% of white girls have suffered public sexual harassment, that figure rises to 82% for black, black Caribbean and black British girls, and 88% for mixed race girls. The Bill today does not go quite as far as Plan International would like. It would like a law that criminalises all forms of public sexual harassment and comprehensively closes the legal gaps surrounding this behaviour, but the Bill is a welcome first step in the right direction, and Labour is pleased to support it. That will be of no surprise to the Government, as we tabled many amendments to address sex-based harassment in public when the Police, Crime, Sentencing and Courts Act 2022 was in Committee last summer. Sadly, the Government voted those ideas down.

    We were in the same position last week, with the Offenders (Day of Release from Detention) Bill, to which my hon. Friend the Member for Bolton South East (Yasmin Qureshi) spoke. We tabled a specific amendment to the same Bill, and I am pleased that prisoners will not now be released on Fridays, when many of the services they need are closing down.

    While I am glad that the Government are finally taking action on all these issues we were debating a year and a half ago, the chaos at the heart of Government means that these important reforms are still being delayed time and again. It is simply not good enough, and our constituents deserve better.

    I turn to the content of the Bill. We all know that public sexual harassment can have a real and serious impact on those who experience it. It can seriously impact how safe and confident women feel in public places, and it is mostly women who are victims of this abuse at the hands of mostly male perpetrators. However, as has been mentioned, it is also important that male victims are included, and we are glad that the Bill makes such provision.

    As we have already heard, sexual harassment in the streets can be a precursor to even more serious kinds of discrimination and violence against women and girls. As Laura Bates, the founder of the Everyday Sexism Project, puts it:

    “As a society, the normalisation of sexual harassment in public spaces plays a huge part in creating a gendered power imbalance and ingraining derogatory attitudes and behaviours towards women. What starts in public spaces doesn’t stay there. It plays into discrimination against women in the workplace and abuse in the home. If we say street harassment doesn’t matter, we’re designating women’s bodies public property. And that has a huge knock-on impact.”

    As we know, the call for evidence for the Government’s tackling violence against women and girls strategy received 180,000 responses. I wonder how many women out there would have liked to contribute, but did not know that they actually had that opportunity. I suspect that, if they all had known, it could have run into millions of people sharing their stories. However, the fact that there were 180,000 responses is testament to the extent of the problem. Those who have bravely spoken up have contributed to some distressing, although sadly not surprising, findings. One in two women and one in six men felt unsafe walking alone after dark on a quiet street near their home. Some 45% of women and 18% of men felt unsafe walking alone after dark in a busy place. One in two women aged between 16 and 34 had experienced one form of harassment in the previous 12 months, with 38% of women aged between 16 and 34 having experienced catcalls, whistles, unwanted sexual comments or jokes, and 25% of women felt they were being followed in the street.

    Last year, research by UN Women UK found that only 4% of women who had suffered sexual harassment reported the crime, and only 45% believed that reporting the crime would make any difference. Among those who did not report the crime to the police were people who had been groped, followed and coerced into sexual activity. It is deeply distressing that women do not feel they can put faith in our justice system when it comes to such abuses. The figures underline the urgency of the need for concrete action from the Government beyond the provisions of this Bill, as so much more needs to be done.

    I am encouraged that in this debate there is cross-party consensus that enough is enough. We need to make sure that women and girls can trust the justice system to address these harms in the knowledge that this type of behaviour will be treated with the severity it truly deserves. If we demonstrate how seriously we take such behaviour, the perpetrators on our streets will know their abuses will not be tolerated. The Opposition agree that public sex-based harassment is a crime, not a compliment.

    The Minister talked about the money spent on many initiatives throughout the country, and that spend is welcome. She also referred to the fact that many young boys now recognise that the behaviour of some of their peers is far from acceptable, and I agree. It is wonderful that education in schools is perhaps now catching up and boys are getting the right message about how they should treat girls. More importantly, it is tremendously good news that some of them are prepared to stand up and defend women and young girls in their own classroom.

    We need changes in the law to ensure that women and young girls can feel safe. The House needs to do so much more to ensure that they feel safer in public spaces. The Government missed golden opportunities to do so in the Police, Crime, Sentencing and Courts Act, but I am glad that today we can at least take another step in the right direction. We will support the Bill.

  • Sarah Dines – 2022 Speech on the Protection from Sex-based Harassment in Public Bill

    Sarah Dines – 2022 Speech on the Protection from Sex-based Harassment in Public Bill

    The speech made by Sarah Dines, the Parliamentary Under-Secretary of State for the Home Office, in the House of Commons on 9 December 2022.

    I rise with some trepidation, as this is my first debate of this sort in this role, but what a pleasure it is to do so with what I hope will be cross-Chamber and cross-party agreement on this serious issue. I thank all right hon. and hon. Members for being here on a Friday to discuss this serious Bill. In particular, I thank and pay tribute to my right hon. Friend the Member for Tunbridge Wells (Greg Clark). Members who are here will have heard the real passion and conviction with which he presented his arguments in introducing the Bill. That interest has been inspired by not only his own deep-felt thoughts of what is right, but by hearing individual accounts from constituents, including women who are here today. I am grateful to him for his dedication. One thing I can say is that society is changing for the good in this space, and this Bill will make things better. Things such as intentional kerb-crawling are not going to be acceptable.

    I also wish to thank the other Members who will be speaking today and the hon. Member for Walthamstow (Stella Creasy), who has already spoken. I know that many have campaigned compassionately and passionately for a long time to introduce this legislation, and I would mention Members who are not here but who have been working hard on this issue, such as the right hon. and learned Member for Camberwell and Peckham (Ms Harman). Of course, we will be hearing from many other Members shortly.

    I pay tribute, too, to the many charities that have worked assiduously for change, such as Plan International UK and Our Streets Now. My ministerial predecessors and I have been in receipt of many letters from hon. Members on behalf of constituents who support the campaign. I know that the efforts of Our Streets Now, in particular, are inspired by the real world experiences of its two founders and of many other young women.

    Public sexual harassment is a terrible crime and, as we all know, it is far too widespread. Recent Office for National Statistics data, based on a survey carried out in January, February and March this year, found that one in two women and, indeed, one in six men felt unsafe walking alone after dark in a quiet street near their home. It is important to state that this legislation is not in any way to be construed as being anti-men, anti-women or anti-anyone. This is pro safety and pro people. It is to protect people who might be targeted because of their sex. We know that, by and large, it is women, but it is also boys and men. This is to protect us all.

    I am sure that colleagues from all parts of the House will agree when I say that the ONS data contains shocking findings. Public sexual harassment is not only harmful, but totally unacceptable. Why should a woman, or a young man, have to let their friends know which route they will take home and what time they intend to arrive? Why should a woman have to hold her keys in her fist? It is the most basic responsibility of Government to keep our public places safe. Everyone should be able to walk our streets without fear of violence or harassment. Women, and of course men too, should feel confident, safe and secure when they are out and about in our cities, towns and villages.

    There has been much discussion generally about non-legislative actions. These matters are, clearly, of the utmost importance and they are being treated as such by the Government. I am really proud of the many actions that we have taken. For example, we have awarded £125 million through the safer streets and safety of women at night funds to help women and girls feel safer in public places and to make the streets safer for all, whether through additional patrols, extra lighting or more CCTV. I know that the figures and sums of money that we cite seem rather abstract, so let me bring them to life with one example. From the safety of women at night fund, we funded West Yorkshire Combined Authority to launch a train safety campaign to promote access to an online link with safety information for public transport users, such as bus tracking. This means that there is no longer a need for someone unnecessarily to stand at a bus stop alone waiting for a delayed bus. That is just one of many examples of how money can help in this area, rather than just giving a nod to what ought to be.

    Stella Creasy

    Anybody who lives in London and has to wait for buses that never seem to show up would welcome that, but it is also important to say that it is not the case that, if somebody was at a bus stop that did not have any lighting, or if they went somewhere that was still dark, they are somehow culpable for these crimes. The funding that the Minister has mentioned should be about making sure that everybody is safe. Women in particular should not face any challenge that they went somewhere that was not on the list of places where there was the lighting, for example.

    Miss Dines

    That is, of course, part of the change that we all want to see. As with most Government strategy now, we will be looking in the future at the perpetrators, not the victims. That is a move forward. Although the hon. Lady’s intervention re-echoes what she said a little earlier, I just want to remind the House that there are a number of great initiatives under way. Just yesterday, I had the opportunity to meet Deputy Chief Constable Maggie Blyth, who, as we know, is the national police lead for violence against women and girls. The Government has confirmed, with, I hope, the support of all parties in the House, that we are adding violence against women and girls to the strategic policing requirement. This is that huge shift from victims to perpetrators, which is only right.

    Let me provide some other examples of where money is effectively and properly being targeted on these issues. Our safer streets tool is allowing people to pinpoint on a map places where they felt unsafe. This really helps. We all know how digital innovations can make things far easier and far more focused. More than 23,000 reports have been made using that tool. That is empirical evidence. We very much need to base our legislation on the evidence—not on window dressing or what is thought to work, but on what actually does work. This Government, with Opposition assistance, are moving in the right direction.

    In addition to what we are instigating, the College of Policing and the CPS have published new guidance for officers and prosecutors on how to respond to reports of public sexual harassment. I know that Members are concerned about enforceability and getting convictions and the right evidence. We are doing that.

    Finally for the moment, I ask everyone to look at the Enough campaign, which has been funded and stretched out over the past few months. This communications campaign is giving bystanders—because we are all in this together, and our focus should not just be on particular people experiencing alarm and distress—the confidence to safely intervene when they see harmful behaviour. It is empowering victims and getting to the root of the perpetrator’s behaviour. We all know that it can start young and then gain in momentum.

    Dr Luke Evans

    I pay tribute to the Government for their advertising campaign and for giving the public strategies to step in, even if just as a distraction by asking for directions, for example. Breaking the behaviour is so important, and everyone in this place and across the country can try to call it out.

    Miss Dines

    My hon. Friend is right. The campaign has cut through. We see posters and stickers everywhere, even on vape stores. Those who have a lot to do with young men and women have seen a change in the conversation, with young men in particular saying to their friends, “That’s not okay,” and women saying, “We’re not going to copy men’s banter.” We have seen progress, and the campaign is based on empirical evidence and the money is targeted. It is not about how much money we spend, but about how we spend it. I am glad to see progress in this area.

    Danny Kruger (Devizes) (Con)

    On offender behaviour, will my hon. Friend give some attention to the work that is being done in prisons to address perpetrators of sexual violence? The projects that support reduction in reoffending by sexual offenders are varied in their effect, and it is worth the Government paying close attention to the varied effect of those programmes. Some are better than others, but those that are good really do work and should be supported.

    Miss Dines

    One of the joys of being a relatively new Minister is the feeling that we can have substantive change. I would welcome anyone in the Chamber coming to talk to me about issues that have concerned them for years. I say to those in the Public Gallery as well as to hon. Members that every member of society can change something in this area: you can go to school or university and you can change things.

    Alongside the measures we have taken, legislation has a key part to play, and that is why we are here today. As has been well set out by my right hon. Friend the Member for Tunbridge Wells and others, the Bill will provide that if someone commits an offence under existing section 4A of the Public Order Act 1986—namely, the offence of intentionally causing someone harassment, alarm or distress—and does so because of the victim’s sex, they could get a longer sentence of up to two years in prison, rather than six months. That is real change.

    The Bill is deliberately not prescriptive about exactly what types of behaviour are covered. We do not want to create a tick-box approach that limits the behaviours that could be prosecuted. The explanatory notes will give Members a good idea of that. Cases will, of course, be dependent on the individual circumstances, but examples might include somebody being followed closely at night, obstructing a person’s passage down the street—otherwise known as cornering them—or making an obscene gesture at someone. The offence targets not lawful behaviour but actions clearly intended to intimidate. I know that the issues of intention and intimidation will be looked at very closely. At this stage, the right way to go, in my respectful view as a lawyer, is that there needs to be intent. The House will, of course, look at all aspects of this good Bill.

    Our approach reflects our considered view that all the behaviours are covered by existing offences—though I know that others take a different view—so a wholly new offence that duplicated existing ones would not have positive consequences. We cannot just window dress things and bring in laws for the sake of it. We need to be bespoke and clever about what we are doing, and actually get results. There is a real need to provide a clear offence in law that would help to deter perpetrators and give victims the confidence to report what has happened to them. Many victims do not want the aggressor or the perpetrator just to have a slap on the wrist; they want them to have a real meaningful sentence, which will drive change.

    I have mentioned intention, but it is so important. The police and the CPS will need to properly gather the evidence that they need, of course—that is the way the system works—but we are working extremely hard to improve that core part of the criminal justice process. One thing that I would like to say at this point in the debate—I know that hon. Members will say more on it—is that there are always concerns that a person could claim that they had an intention other than harassing the other person. We need to look at particular actions, such as wolf whistling. I would not for one minute say that the state needs to intervene on every piece of language used, but when intention needs to be proved we know what a wolf whistle is when it leads to nefarious motives.

    This law will not, I hope, in any way say that a low-level wolf whistle gets someone two years in prison. We need to have a sense of proportion. We cannot demonise any section of society, whether it is men or women. We cannot demonise people, but we can stop perpetrators, whatever their sex is. It is disrespectful to women, and wolf whistling, as we know, extends into other behaviours. We need to look at the overall picture, and Enough’s communication focuses on exactly that.

    I confirm the Government’s strong support for this excellent Bill.

    Dr Luke Evans

    Will the Minister give way?

    Miss Dines

    Very briefly, as I am on my last paragraph.

    Dr Evans

    The explanatory notes, under “Territorial extent and application”, say that the Bill extends to England and Wales, and that clause 2 will apply only to England. As the matter is devolved to Scotland and Northern Ireland, I wonder whether the Minister is in conversation with the rest of the Union to work out whether a similar piece of legislation is being introduced, or is already in place, there?

    Miss Dines

    My Department is, of course, in conversation there.

    Before we get to other Members who want to add to the debate, I thank my right hon. Friend the Member for Tunbridge Wells for introducing the Bill. I look forward to its swift passage through this House and the other place. It is an issue that goes to the heart of what sort of society we want to live in. The idea that in 2022 anyone should be harassed, intimidated or targeted when simply going about their everyday life is scarcely believable, but we know that it is happening, and too often. It is still, by far, too much of a reality for many people. That is why it is high time that we send an unambiguous message that we will do everything in our power to ensure that women, and indeed everyone, can walk on our streets without fear.

  • Stella Creasy – 2022 Speech on the Protection from Sex-based Harassment in Public Bill

    Stella Creasy – 2022 Speech on the Protection from Sex-based Harassment in Public Bill

    The speech made by Stella Creasy, the Labour MP for Walthamstow, in the House of Commons on 9 December 2022.

    I congratulate the right hon. Member for Tunbridge Wells (Greg Clark) on introducing the Bill. It reflects not a recent concern, but years and generations of campaigners and women speaking out about the most basic and fundamental thing: freedom. At its heart, the Bill is about our freedom as women to lead the same lives as men in where we go and what we do.

    I will start by adding to the list of organisations and campaigners that we acknowledge and recognise for their work on this issue. They include Our Streets Now, Plan International UK, Citizens UK, the Fawcett Society, Stonewall, Tell MAMA, Nottingham Women’s Centre, Dimensions, René Cassin, Refuge, Hope not Hate, Sister Supporter, the Jo Cox Foundation, the Young Women’s Trust, Safe & The City, Nottingham Trent University and the University of Nottingham. I also pay tribute to the work done in the other place by Lord Russell and Baroness Newlove.

    The right hon. Member for Tunbridge Wells talked about his shock that women in Tunbridge Wells felt unsafe walking their streets. Every woman in this Chamber was not surprised by the picture that he painted. It is the culture we grow up in, and we should start by recognising and naming that culture: misogyny. This is about the sense that 51% of the population do not have the same rights and freedoms to move around and to be seen as others do.

    It is fantastic that the Bill learns lessons from what we know from the police about how to recognise that and how it drives crime, and I will root my support for the Bill in that. I hope that the Government will support this move because it reflects Government consultation, and I will make suggestions about how we can further develop the Bill so that it truly is the landmark Bill that it can be. Twelve police forces out of 44 are now united with those campaigners and the people who the right hon. Member talked about in recognising that women are disproportionately subject to harassment.

    I say to the hon. Member for Bosworth (Dr Evans): this is not about dark streets. This is one of the few crimes where we always challenge the victim. We query them: “What were you wearing? Where were you going? Did you have your headphones on? Were you carrying your keys? Were you sensible?” We tell young women that it is their responsibility to protect themselves, in a way that we would never do with any other crime. We hold education sessions, which we would not do for burglary. Yet somehow, when it comes to the basic freedom of women and girls to go about their daily business, we ask them to be responsible, rather than holding those who seek to abuse that freedom accountable.

    I often hear—from men, I am afraid—this idea of them having had a “revelation” that safety should be an important thing. I hear some men—indeed, men in positions of serious importance—talk about how being a father of girls has opened their eyes to the need to tackle these issues. I like to call that the Jay-Z defence, because he said the same thing about having a girl while being married to Beyoncé. This kind of legislation is not just about daughters. It is about wives, sisters, aunts, grandmothers, friends, neighbours and co-workers. Women are everywhere, but we do not get to go everywhere without being frightened—without that daily experience of thinking, “What route should I take? Should I put my keys in my hand? Should I be frightened about going down this street? It’s a cold night now, so maybe I won’t go out in the dark.” It is not the dark that is the problem; it is the people. That is what we need to tackle and that is what the Bill does.

    According to data from the Office for National Statistics, every single day 24,000 women in this country experience public harassment, with those from minority communities much more likely to be affected. Frankly, I will stop campaigning for misogyny to be recognised as a driver of crime when I go to a wedding and the bride gets up and says, “Well, he followed me down a dark street, demanding to touch my breasts, and I thought it was the most romantic thing I’d ever heard. I had to stop and get in his van.” It does not happen. Yet millions of women have a story like that—a story about the fear and the impact it had on their lives.

    No other crime is so prevalent that it is shrugged off as a fact of life, yet the harassment of woman has been for too long. Why is that? It is because when women come forward to report, often they get asked whether they did something to generate that experience. Often, the experience women then have is that they are told—I am sorry to say that this goes for both the police and the Crown Prosecution Service—that it is too difficult to find the person or that it was perhaps a misunderstanding.

    I want to be very clear in supporting the Bill: this is not about bad manners between men and women. We are talking about crimes and offences. When we started campaigning for misogyny to be recognised as part of hate crime, we were told we were somehow criminalising wolf-whistling. One of the things I find really powerful is that people have now finally recognised that any form of harassment or unwanted attention in the streets is not endearing. It enables a culture in which it is acceptable to target women. That is what we have to change.

    Catherine West (Hornsey and Wood Green) (Lab)

    I thank my hon. Friend for giving way and for her excellent campaigning in this area, and I thank the right hon. Member for Tunbridge Wells (Greg Clark) for bringing forward the Bill in a joint, cross-party way. Does she agree that the Bill will only be successful if the enforcement of this important legislation is properly resourced?

    Stella Creasy

    I completely agree. Indeed, one of the frustrations that many of us have had through the years has been police sources in forces that do not adopt this approach saying that it is a resourcing issue. There is no other form of crime to which we say, “Look, there’s just so much of it that we’re not going to do anything about it.”

    We know how serious these crimes are. We look at the histories of offenders involved in rape or serious sexual assault and we see the escalation process; because, oddly enough, the person who starts by following women down the street does not usually stop there. Tackling that is absolutely crucial to addressing these crimes. That is why I want to pay tribute to Sue Fish. Anybody who has spoken to Sue Fish, who started off by recording misogyny as hate crime in Nottingham, knows how powerful and transformative her approach has been in Nottingham, and there are now 12 police forces taking this approach. They have recognised how it is driving crime. One crucial aspect to this issue is change to the culture within the local police. Some 80% of women do not report crimes to the police, because they do not believe that the police will take them seriously. I have been in meetings where the police have said, “Well, the women have to come forward.” They do not recognise that they are not creating an environment in which women feel they will be taken seriously.

    As an MP in London, I am dealing with a dramatic loss of confidence in the police because of institutional misogyny, institutional racism and homophobia. The differences seen in the police forces that have introduced this policy are one reason why I have been such a passionate champion of it and why I have challenged my local police to pick it up too. Misogyny is at the root of many crimes against women. This is not just about public harassment; it is about changing the culture in our police forces and, indeed, as the right hon. Member for Tunbridge Wells said, in our society. We have normalised the harassment of women and an environment in which it is acceptable to target women, and then we blame women for not taking the joke and not thinking that it is a fair game or that it is nice that somebody is attracted to them—it is never about attraction.

    The 12 police forces currently recording where a crime is motivated by a victim’s sex or where their sex is a factor in it have clearly stated the benefits of that approach, and the Bill will underpin and enhance it. One of my frustrations is that, nearly two years ago, the Government agreed that police forces should record that data, but some forces are yet to implement that policy. Therefore, all the benefits of institutional change and reporting change that we have seen in Nottingham, North Yorkshire, Devon, Somerset and Gloucestershire have not yet been rolled out across the country. Residents in those communities are clear that the policy has increased police confidence and changed the way the police deal with serious sexual assault. Oddly enough, when forces have this policy, it is not wolf-whistling that people come forward to report, but rape, kidnapping and assault. People recognise that the police will not only believe them, but treat those things as the crimes they are.

    I want to be very clear that, in some ways, we should not need this Bill, because it does not criminalise anything that is not already criminal. Nothing has been more frustrating for me, as the person who secured the Law Commission review into misogyny as hate crime, than hearing people ponder whether we should make street harassment, or public harassment, an offence—it already is. The point about the Bill is the uplift, and that is why this is such a powerful moment, because we are mimicking the idea of bringing misogyny into hate crime legislation. We can argue about and debate cut-outs, where the Law Commission got to and why it has taken so long to get here, but I really welcome the fact that we are here, and I hope the Bill will be the start of something much bigger. This will be the first time that every police force has had to record this data. Therefore, every police force will have to be trained in what it is looking for and how to recognise it.

    That change matters, not least for those who are affected by these things. Right now, we ask women to pick a side of their identity in order for a crime to be recognised as targeting them. Particularly with women from minority communities, we have to ask, “Is it because you’re a Muslim? Is it because you’re gay? Is it because you’re disabled?” It may be all those things, but we are asking women to fit a box, rather than recognising all those things. That is why the Bill is so powerful and why it is so important that it is about public harassment, not sexual harassment.

    A couple of years ago, somebody in my local community was targeting Muslim women and pulling off their hijabs. That was not just about Islamophobia; it was also about misogyny, because this person was not targeting Muslim men. The offences in the Bill would allow us to recognise that and to see the victims for who they are, rather than asking them to fit a box. The Bill also covers men, which is important, but I note the data from the police forces that are already putting this policy into practice, which show that 80% to 90% of the victims coming forward are women. The Bill will help us to start changing the culture.

    Dr Luke Evans

    I appreciate the point about data on men and women, and this is predominantly a women’s issue. However, we are also talking about culture, and men might not come forward because they perceive that no one will listen to them. This is about creating a culture where anyone who experiences this behaviour can come forward.

    Stella Creasy

    I agree that we want people to come forward, but it is also about time that we recognised—and, frankly, apologised to the women of this country for the fact—that it has taken us this long to see that they are disproportionately affected by street-based harassment and that it is curtailing their lives. I go back to my initial point: this is about our freedom. I would hope that nobody in this Chamber and nobody in the times to come will ever experience what I experienced as a woman growing up in that culture—I am middle-aged now—as I know every woman in the Chamber did. I would not wish this for the hon. Gentleman, but we have to recognise that challenge. So, absolutely, we want everyone to come forward, but it is about time women were heard on this issue, and therefore about time to recognise that women will particularly benefit from this Bill. That is a good thing, not something we have to have a qualm about.

    If there is one thing I would want to encourage the right hon. Member for Tunbridge Wells on, it is how we can build on this legislation when, as we hope, the Government accept it. I note what he said about proving hatred, and I think there is a real challenge here. We live in a culture in which it has become so endemic to harass women that often we look at women and say, “Why are you reacting like that?” rather than saying to the other person, “Why are you doing this?”. Even worse, for several years the Met police have been running education sessions in my local community and somehow treating this as a matter of bad manners; it is as though if we talk to men nicely, they will not harass women any more. The time has come to recognise that most men do not harass women and therefore most men know that harassing behaviour is unacceptable. Where the Bill can be further improved is by learning from other parts of the law about the concept of “foreseeable” harassment incidents. So I give the right hon. Gentleman notice that if we do progress this legislation, I would like to see it learn from that concept.

    What does “foreseeable” mean? It means that there would not be a defence of someone not realising that a woman would be offended when they were trying to grope her private parts, because most men do know that and it is about time we held men to account for the fact that they should know better. The concept of foreseeable harassment means that we would remove that defence of, “I did not realise that a woman would be offended if I did that.” That is particularly important when it comes to street-based harassment. In normal harassment cases there have to be several instances and a point at which the victim has said, “Stop!”, but with street-based harassment we need to tackle men who think they have a right to harass women and who should know better.

    I note that the Minister said that the Government were looking at the concept of foreseeability as part of the consultation, so it would be helpful to understand from her whether that has progressed further. The one gap in the Bill relates to making sure that there is not a defence of, “I just thought she couldn’t take a joke”, because women have had to take those “jokes”—we have had to take those comments. We have had to be the ones carrying keys in our hands, not going out late at night, trying to find somebody else to travel with, and being told by that the police, “Oh, it’s about dark spots”, or, “I’ll tell you what, we’ll walk with you”. That has meant we have not had the freedom that we want for every woman of any age in this country to go where she wants, do what she wants, wear what she wants and be what she wants. I congratulate the right hon. Member for Tunbridge Wells, because this Bill and the recognition of misogyny as a driver of crime is a start of that process. We have a long way to go. I hope, like him, that in 20 years’ time “jokes” that we see on our television right now and people like Dapper Laughs will never be seen as acceptable ever again. I think this Bill can be part of that, and I look forward to seeing it go through Committee.

  • Greg Clark – 2022 Speech on the Protection from Sex-based Harassment in Public Bill

    Greg Clark – 2022 Speech on the Protection from Sex-based Harassment in Public Bill

    The speech made by Greg Clark, the Conservative MP for Tunbridge Wells, in the House of Commons on 9 December 2022.

    I beg to move, That the Bill be now read a Second time.

    Two weeks ago, a group of more than 50 girls and women walked after dark from Rusthall, one of the villages in my constituency, to the centre of Tunbridge Wells. Those women, several of whom are in the Public Gallery, walked together to make a point. They felt safe together, but had they walked the same route alone at night, they would have felt afraid. Some would not have embarked on the journey at all, and many would have taken avoiding action such as getting a lift, a bus or a taxi. Some would have arranged to walk with someone else. Others would have deployed tactics all too familiar to women and girls across the country such as pretending to have a conversation on their mobile phone to signal that they were in contact with someone else. If alone, they would have been fearful of being followed or of having an offensive, suggestive or obscene comment directed at them, or of being obstructed or intimidated as they walked alone, as well as the fear of being physically assaulted.

    For every woman and girl on that walk, hundreds more find that they have to engage in these routines and protections day in, day out to feel safe—and that is in Tunbridge Wells, a place with a strong community, a committed police force and less crime than in many others. When I visit schools, and especially sixth forms, confidence in using our streets, especially at night, is almost always raised by students, including by one young woman who came to see me to describe how outraged she was by the experience of being kerb-crawled by a man in a car when she was out jogging one morning. Why should a woman feel less confident on our streets than a man? The streets are theirs equally, but that is not how it is experienced.

    According to the charities Our Streets Now and Plan International, who have done so much to highlight the issue and press for change, twice as many girls and women feel unsafe when alone on our streets as do boys and men. It is not just the commission of physical violence or assault that makes women feel unsafe. Deliberately distressing acts such as following a woman closely through the streets at night or directing explicit, abusive comments at women can and do contribute to that insecurity.

    At the moment, there is no specific offence of public sexual harassment, yet in private settings, such as the workplace, everyone knows that sexual harassment is specifically and explicitly prohibited. Other types of harassment in public are identified in law—rightly, in my view—as being especially serious. They include harassment of someone on the grounds of their race or because they are gay. My Bill would close a loophole in the law whereby deliberately harassing another person on the grounds of their sex with the intention and effect of causing alarm or distress would be a specific criminal offence. It would, like harassment on the grounds of sexuality or race, be capable of similar penalties, should the court wish, as those other crimes.

    The proposal was subject to a consultation carried out by the Home Office. I am grateful to the former Home Secretary, my right hon. Friend the Member for Witham (Priti Patel), for her passionate commitment to confronting the issue and for launching the consultation before the summer. The Bill follows that consultation, and I am grateful for the assistance of the current Home Secretary, and to the Minister and her officials for their help in preparing it.

    The Bill is a simple one, as private Members’ Bills should be. It is intended principally to close a loophole and bring into alignment the treatment of harassment on the grounds of sex with harassment on the basis of other protected characteristics. It follows the comments of the Law Commission to its report on hate crime laws in December 2021, which said the Government should consider

    “a specific offence to tackle public sexual harassment, which would likely be more effective than adding sex or gender to hate crime laws.”

    One reason not to simply add sex to the list of hate crimes is that although harassment on the grounds of race is considered to be driven by a hatred towards a person’s race, specifying hatred or hostility could leave open a legal defence that a man who deliberately harassed a woman in public was not guilty of a hate crime offence, because it could not be proved that his behaviour was motivated by actual hatred of women. The simplest way to proceed, and a subject that the Home Office consultation examined, is to add to the existing law of harassment in the Public Order Act 1986. My Bill would therefore add a new offence of intentional harassment, alarm or distress on the basis of sex to that Act of Parliament.

    Under my Bill, if an act of intentional harassment, alarm or distress is carried out in a public place because of the relevant person’s sex, an offence of sex-based harassment has been committed and can be punished, as with offences on racial grounds or grounds of sexuality, at the higher tariff that applies to those crimes by dint of the Crime and Disorder Act 1988—in other words, above the limit set in the magistrates court.

    It is important to make a few features of the Bill clear. First, it is not meant to—nor will it—criminalise thoughtless or clumsy words. It is sometimes the case that behaviour, although unwelcome, is not motivated by the deliberate intention to cause alarm or distress. Sometimes, men and boys—even girls and women—can say or do the wrong thing without meaning to make another person threatened or alarmed. Such behaviour is not within the scope of the Bill, neither is behaviour that would be considered reasonable by normal standards. The Bill targets people who deliberately target other people to do them harm.

    Secondly, although I referred to sexual harassment, the scope of the offence includes, but does not have to entail, a motivation of sexual gratification. Just as in the workplace, the harassment of women may be based on attitudes towards women that might not be best described as linked to sexual gratification. Thirdly, the Bill is drafted to address the specific loophole in the law about harassment based on sex. That means, in principle, that it applies to women and men if they are deliberately publicly harassed based on their sex. Public sexual harassment can affect men and boys, but we should be clear that it disproportionately affects women and girls.

    Some might be concerned that my Bill, if enacted, would place extra pressure on police forces to investigate and arrest those suspected of deliberately sexually harassing women in public places. We all want the police to focus on fighting crimes, but these are serious crimes that affect the lives of millions of girls and women every day, causing them to change their behaviour when they should have no reason to do so. Recent years have shown that it is important that all of us, including the police, give greater attention to the protection of women. The consequence of passing this law to make sexual harassment in public a specific offence, triable if necessary in the Crown court, will be to establish that setting out deliberately to alarm or distress a victim is a serious matter that will be dealt with seriously.

    The real purpose of the Bill is to help to change the culture of society so that it becomes even more obviously unacceptable to abuse, humiliate and intimidate women and girls in public. I hope that few prosecutions under the law would ever be required, but it is important that the law is there. We have seen that this is possible. To see someone abusing someone else racially in public is now universally seen as deeply shocking and obviously wrong. In my spare time, I enjoy attending football matches, and it is not many years since it was quite common to hear racial abuse on many terraces. It would be inaccurate to say that it has been completely eradicated, but it is vastly less frequent and is taken with great seriousness not just by the authorities, but by other people present.

    Too many girls and women feel unsafe when alone on our streets—twice as many as men. Two thirds of girls and women have changed their plans at some time because they have been worried about or have experienced public sexual harassment. Our streets are their streets, and they should not have to do that. The Bill, if it is supported by Parliament, would eradicate the unconscionable situation in which public sexual harassment is not a specific crime. It will make it clear that the crime is serious and it will provide sanction against those who deliberately set out to frighten women and girls on our streets. It is a tightly drawn but, as I hope the House will agree, valuable step in protecting the more than half of our population who, for too long, have had to change their ways of living their lives when the abusers should change theirs.

    Dr Luke Evans (Bosworth) (Con)

    My right hon. Friend is making a fantastic point. I fully support the Bill, but it still has to go through Parliament. Is he aware of the StreetSafe service, run by the police, through which any person who feels unsafe can report dark spots, lights that are out and difficult areas? Authorities can then look at and address them to make sure that we are immediately safer in our communities.

    Greg Clark

    My hon. Friend makes an excellent point, which allows me to emphasise that although I think my Bill will be a great step forward in providing for a specific offence, many other measures are needed. That includes providing information nationally and, especially, locally. I commend the Home Office for its initiative in recent weeks to advertise in public places, encouraging people to step in when they see women and girls being abused. All of us as Members of Parliament and everyone in the community can step up and make a difference through those actions.

    Those of us in the Chamber today can go a step further and make it very clear that the offence of harassing someone on the grounds of their sex in public will be taken very seriously. It will provide clarity that people will be arrested for that, and I hope that it will lead to a safer future for women and girls in this country. On that basis, I commend the Bill to the House.

  • Chris Heaton-Harris – 2022 Statement on the Fifth Substantive Report from the Independent Reporting Commission

    Chris Heaton-Harris – 2022 Statement on the Fifth Substantive Report from the Independent Reporting Commission

    The statement made by Chris Heaton-Harris, the Secretary of State for Northern Ireland, in the House of Commons on 7 December 2022.

    I have received the fifth substantive report from the Independent Reporting Commission.

    The commission was established following the Fresh Start agreement of November 2015 to report on progress towards ending paramilitary activity. That agreement set out the Northern Ireland Executive’s commitments around tackling paramilitary activity and associated criminality, and led to a programme of work to deliver a Northern Ireland Executive action plan. It also provided the framework for the UK Government, the Executive and law enforcement agencies, working with partners in Ireland, to work together to tackle the challenges of organised crime, paramilitarism and terrorism. In the New Decade, New Approach agreement in January 2020, a commitment was made to ongoing work to tackle paramilitarism, and this work continues, including through a second phase of the Northern Ireland Executive programme.

    This fifth substantive report builds on the work already undertaken by the commissioners. I welcome the progress it highlights in a number of areas, including disruptions to paramilitary groups as a result of operations by the paramilitary crime taskforce, the downward trend in some aspects of paramilitary activity demonstrated by Police Service of Northern Ireland security statistics, and the reduction in the Northern Ireland-related terrorism threat level from severe to substantial. I also welcome the success and positive impact, noted by the commissioners, that the programme for tackling paramilitary activity, criminality and organised crime is having through its focus on the development of a whole of Government approach, and joined-up and integrated working across the public, community and voluntary sectors, and through its emphasis on interventions informed by strong evidence and data.

    Yet the report also notes that the problem of paramilitarism is enduring. The criminal activity and coercive control exercised by paramilitary groups continue to cause harm to communities and individuals across Northern Ireland. A number of incidents in recent weeks have demonstrated the callous disregard that paramilitary groups, or those who claim affiliation with them, have for public safety, and the harm and disruption they continue to cause to the communities they often claim to represent.

    The commissioners have set out a number of recommendations on how the effort to tackle paramilitarism can be enhanced, including a recommendation for the UK Government, and others, on the need for a formal process of engagement with paramilitary groups aimed at facilitating their transition towards disbandment. We will continue to consider this recommendation through engagement with representatives of Northern Ireland political parties, the Northern Ireland Executive, the Irish Government, with civic society and community representatives in Northern Ireland, and with the Independent Reporting Commission.

    Paramilitarism was never justified in the past and cannot be justified today. As we approach the 25th anniversary of the Belfast/Good Friday agreement, it is important that we remind ourselves of the extraordinary progress that has been made since then on peace and prosperity in Northern Ireland. Yet it is clear that a sustained effort is required here over the long term to tackle the enduring problem of paramilitarism. We remain committed to delivering our vision of a safer Northern Ireland and to working with partners to support efforts against the enduring threat and harms posed to communities by terrorist and paramilitary groups.

    Political leadership from across the political spectrum in Northern Ireland is essential to ensure it remains clear that there is no place for paramilitarism, or the division it stems from, in Northern Ireland. It is a matter of profound disappointment that the local political parties have been unable to restore fully functioning devolved institutions. The lack of a functioning Executive inhibits Northern Ireland Departments from taking a strategic, cross-cutting approach to tackling paramilitarism in partnership with the PSNI and the wider public sector. It remains my top priority to rectify the present situation.

    Finally, I would like to express my thanks to the commissioners for their continued work reporting on progress towards ending paramilitarism.

  • Dehenna Davison – 2022 Statement on English Freeports

    Dehenna Davison – 2022 Statement on English Freeports

    The statement made by Dehenna Davison, the Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities, in the House of Commons on 7 December 2022.

    Today I am announcing a major milestone for the flagship UK freeports programme, with the first English freeports— in Plymouth, Solent, and Teesside—now fully up and running after receiving final government approval. Each of these freeports will now receive £25 million of seed funding and potentially hundreds of millions in locally retained business rates to upgrade local infrastructure and stimulate regeneration. This is alongside a generous package of trade and innovation support for businesses locating there.

    This significant milestone is an important step on the freeports journey and sends a clear message: the UK Government are backing these places as a key part of their economic strategy.

    Freeports are at the heart of the Government’s levelling-up agenda. They will unlock much-needed investment into port communities and their hinterlands. This in turn will help these areas overcome the barriers holding them back and bring jobs and opportunity to some of the UK’s historically overlooked communities.

    Freeports catalyse investment through a combination of tax reliefs on new economic activity, a special streamlined customs procedure, an ambitious programme of public investment, and wide-ranging support from the UK Government to help businesses trade, invest, and innovate.

    Excellent progress has been made with delivery: investors can now take advantage of tax reliefs in all eight English freeports and are starting to do so, and we expect the remaining five English freeports to join Plymouth, Solent, and Teesside in receiving final approvals shortly.

    This Government also remain committed to ensuring that all four corners of the UK can reap the benefits of our freeports programme. We have recently concluded competitions for two green freeports in Scotland and a freeport in Wales, and we will announce the winning locations in due course. We also continue discussions with stakeholders in Northern Ireland about how best to deliver the benefits associated with freeports there.

  • Grant Shapps – 2022 Statement on Compensation to Post Office Horizon Scandal Victims

    Grant Shapps – 2022 Statement on Compensation to Post Office Horizon Scandal Victims

    The statement made by Grant Shapps, the Secretary of State for Business, Energy and Industrial Strategy, in the House of Commons on 7 December 2022.

    The Post Office Horizon scandal, which began over 20 years ago, has had a devastating impact on the lives of many postmasters. Starting in the late 1990s, the Post Office began installing Horizon accounting software, but faults in the software led to shortfalls in branches’ accounts. The Post Office demanded sub-postmasters cover the shortfalls, and in many cases wrongfully prosecuted them between 1999 and 2015 for false accounting or theft.

    The High Court group litigation order case against the Post Office brought by 555 postmasters exposed the Horizon IT scandal, which had seen many postmasters forced to “repay” to Post Office sums that they had never received. In March 2022, the then Chancellor announced that further funding would be made available to ensure that members of the group litigation order will receive similar levels of compensation to that which is available to their non-group litigation order peers.

    On 2 September my predecessor wrote to all postmasters in the group litigation order group to ask for their views about whether BEIS or the Post Office should deliver the compensation scheme, and whether it should be organised along the lines of the historical shortfall scheme or based on an alternative dispute resolution approach. There was very strong support for the alternative dispute resolution scheme, to be delivered by BEIS. Today I am announcing that this is the route that we will follow.

    The informal consultation also requested views on other issues related to the scheme. Unsurprisingly, there was considerable concern among postmasters that the scheme should be subject to properly independent input. In the light of this, we have decided to create an independent advisory board chaired by Professor Chris Hodges, an expert in alternative dispute resolution. The membership of that board will include Lord Arbuthnot and the right hon. Member for North Durham (Mr Jones), who are recognised by colleagues across Parliament for many years of outstanding campaigning for the wronged postmasters. The advisory board will be supported by a BEIS secretariat.

    Since the consultation closed a great deal of work has been done to develop the details of the scheme, drawing on the detailed comments made in response to the consultation. I am today writing to members of the group litigation order with further information about how the scheme will work.

    We are now asking claimants to prepare preliminary information about their claims. In parallel, we are working to engage alternative dispute resolution specialists and lawyers to deliver it. Those experts should be on board in early spring, and at that point full claims will be submitted. I hope that compensation will start to flow before the summer, and that most cases can be resolved before the end of 2023.

    We have already announced that we will meet postmasters’ reasonable legal costs in claiming under the scheme. To enable lawyers to get to work on preparing claims, we are today announcing details of the costs tariff for the early phases of the scheme, which have been set by independent costs draftsmen. We will shortly be inviting claimants’ lawyers to make proposals for the expert evidence which they will need. I am also pleased to say that the compensation payments will be disregarded for benefits purposes—once secondary legislation is in place.

    I will deposit a copy of my letter to group litigation order postmasters dated 7 December, the group litigation order consultation report, the group litigation order process map and the draft group litigation order claim form in the Libraries of the House.

    Overturned historical convictions

    I am also pleased to provide an update on Post Office’s progress in delivering compensation to those with overturned historical convictions.

    Lord Dyson considered the awards available for non-pecuniary damages, which are personal damages such as mental distress and loss of liberty, in an early neutral evaluation process earlier this year. Since then, the Government have supported Post Office’s approach to deliver compensation more swiftly by settling non-pecuniary claims first using the framework established by Lord Dyson. As of 1 December, 51 claims for non-pecuniary damages have been received and 37 offers made, worth £4.7 million in addition to interim payments already paid.

    Regarding pecuniary damages, which are financial damages such as loss of earnings, only eight claims have been received to date, two of which have been settled in full and final settlement alongside their non-pecuniary damages. Government continue to encourage Post Office to process these claims as fast as possible.

    As of 1 December, 82 claims for interim compensation have been received and 77 payments made, worth £7.7 million. Post Office has also identified potential cases of hardship and offered and paid further hardship payments of £100,000 to three postmasters. Furthermore, following the recent statutory tax exemption and early neutral evaluation, Post Office decided to increase the upper limit of interim payments for all future applicants to £163,000—from the original upper level of £100,000. For those claimants who received the original interim payment amount of up to £100,000, Post Office has rightly been focusing on progressing and settling their non-pecuniary claims. However, where claimants who had received the original interim payment amount of up to £100,000 and were not able to submit a non-pecuniary claim by early December—and it is therefore unlikely that their non-pecuniary claim would be settled by the end of the year—Post Office has offered top-up payments of £63,000.

    Historical shortfall scheme

    I am also pleased to see the progress that the Post Office has made in delivering compensation to postmasters through the historical shortfall scheme. As of 30 November, 93% of eligible claimants have been issued offers of compensation, totalling £70.8 million.

    The cases that remain are some of the most complex and the Post Office is working to process these claims as soon as possible. However, the Government recognise the fact that those claimants who are yet to receive offers or payments may have been waiting for a considerable period of time for their cases to be settled. For these reasons, the Government are pleased that the Post Office will introduce interim payments for those who have yet to receive an offer or who have chosen to dispute their offer. This will be in addition to the existing hardship payments that the Post Office has already been providing to claimants in particularly difficult circumstances.

    The Government announced in October that they are providing funding to Post Office to enable eligible late applications to be accepted into the historical shortfall scheme. Post Office is beginning to process the late claims it has received to date, and I would encourage anyone else who thinks they might be eligible to get in touch with the Post Office at the earliest opportunity to discuss their claim.

    Benefit disregard

    The Government are aware of the impact of the Horizon scandal on affected postmasters, resulting in significant financial hardship, including bankruptcy for some. Many postmasters have now received compensation payments which would take them over the £16,000 capital limit, rendering them ineligible to receive means-tested benefits and reducing pension credit entitlement. This risks prolonging the impacts of the Horizon scandal on these postmasters by affecting their eligibility to apply for benefits.

    We are therefore introducing a benefits disregard for all Post Office and Horizon-related compensation. Once the secondary legislation for this disregard is in place, payments received by postmasters will no longer count towards the capital limit for means-tested benefits and pension credits and will therefore not affect their eligibility to claim for these.

    The Government will legislate to put this disregard in place at the earliest possible opportunity.

  • Kevin Hollinrake – 2022 Speech on Employment and the High Street

    Kevin Hollinrake – 2022 Speech on Employment and the High Street

    The speech made by Kevin Hollinrake, the Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy, in Westminster Hall, the House of Commons, on 7 December 2022.

    It is a pleasure to serve with you in the Chair, Mrs Cummins. I congratulate the hon. Member for Hornsey and Wood Green (Catherine West) on securing this important debate. As I knew she would, she spoke passionately on behalf of her constituents and our high streets.

    We all agree about the importance of high streets. As the hon. Lady pointed out, this is not just about our local economy: high streets are crucial to our local communities. On a national scale, the retail sector alone contributes around 4% of UK gross value added and almost 3 million jobs. She referenced the impact of e-commerce, and I agree with the shadow Minister about the need for us to establish and maintain a fair and level playing field—something I have often spoken about in Parliament. I join the hon. Member for Stockport (Navendu Mishra), who called for more action on ensuring a fair and level playing field on taxation.

    With 26% of retail sales taking place online, it is important to note that small high street businesses also trade online. That is about innovation but, as my hon. Friend the Member for Keighley (Robbie Moore) pointed out, it is consumers and consumer choice that are driving transactions online. We should not dictate to consumers where they shop, but that is nevertheless causing difficulties for our high street. I share the concerns of the hon. Member for Coventry North West (Taiwo Owatemi) about ensuring that we protect our high streets through this revolution—and it is a revolution—but we should not forget that it is consumers driving the revolution, rather than rates or any other issue. These are additional issues for retailers, but the primary issue is the customers in the first place and the footfall through different stores.

    Jim Shannon

    A shop in my high street moved from being just a shop front—an excellent and massive shop it is as well; probably four times the size of this room—to going online. It proved that by going online it could also maintain its presence on the high street. Can we do something to encourage businesses to do both—to have a shop on the high street and to be online?

    Kevin Hollinrake

    The hon. Member makes a good point. I was just going to come to his experiences shopping with his family in the physical high street. My family does that too. On Saturday, I was in Malton—one of the towns in my constituency—for Small Business Saturday. I too enjoy the experience of physically going shopping, and Malton is a wonderful example, as it created a new identity for itself as Yorkshire’s food capital. This is the future of high streets: a mixture of hospitality, leisure and retail. Malton has successfully done that, and there are lots of lessons to be learned from it.

    The hon. Member for Strangford (Jim Shannon) rightly pointed out that there is an opportunity for businesses to be not just a physical or an online retainer, but both or either. It is about the creativity of businesses in meeting their customers’ needs, and that is what we have to facilitate. Of course, there is a multitude of opportunities for employment, from flexibility to the development of new and portable skills. We also need to recognise retail as a rewarding career—something that the Retail Sector Council, which I co-chair, is keen to do.

    The high street has struggled with the pandemic, which has caused difficulties. We should pay tribute to the creativity and resilience of businesses and their ability to respond to those challenges; we have all seen examples on our high streets. It is right that part of our mission is to ensure that our high streets and the communities that depend on them receive the investment they need to properly plan and grow for the long term.

    The hon. Member for Hornsey and Wood Green talked about the lack of meaningful action from the Government, which is one thing I do not accept. At a local level, we have to ensure that our local authorities have the right plans for infrastructure to drive footfall, and ensure that goods and services flow easily, and businesses and consumers benefit from decent roads, affordable parking and a clean and well-cared for mixed environment. At a national level, the Government are doing much, including through initiatives such as our £4.8 billion levelling-up fund and the future high streets fund. Last year, we published our build back better high streets strategy, which identified many changes we need, and we have already gone a long way towards delivering on that.

    Dr Dan Poulter (Central Suffolk and North Ipswich) (Con)

    My hon. Friend is right to highlight the potential benefits of wisely spending the levelling-up fund or the towns fund money that is available to local authorities. He may want to note that this has been done very successfully in Ipswich, where I helped to devise a scheme to support local shopping parades, which will see improved parking and many other enhancements. Might we be able to use that as an exemplar of what can be done to support the local high street and improve footfall?

    Kevin Hollinrake

    That is a great example. Through the different councils, we are determined to develop different best practice examples. My hon. Friend points to the leadership in his context, and I urge all colleagues to do the same and be leaders in their communities.

    The Government have created a new commercial business and service use class, giving businesses the freedom and flexibility, through class E, to change use without needing planning permission. We are working to make permanent many of the regulatory easements we introduced during the pandemic that not only allowed cafes and restaurants to move the indoors to the outdoors but helped to create vibrant, bustling outdoor spaces. In the Levelling-up and Regeneration Bill, we are committed to going further to support places to tackle blight and revive our high streets, by giving new powers to local authorities to require landlords to rent out long-term vacant commercial premises to prospective tenants.

    The hon. Member for York Central (Rachael Maskell) raised the important redevelopment of the Guildhall, which is a fantastic facility. I am sure she knows that the £22 million for that came from His Majesty’s Government’s growth deal and the getting building fund. The Government are doing much in these areas, including in the hospitality strategy and much more.

    I will touch on one or two of the points made. The hon. Member for Ellesmere Port and Neston (Justin Madders) was understandably concerned about the closure of bank branches, which we have all experienced in our areas. Banking hubs are part of the solution, which we are supporting, as are post offices. There is a banking agreement that helps our post offices to maintain their profitability.

    The hon. Member for Stockport talked about his local post office. Post offices are vital to local communities. The Government provide around £50 million a year in subsidies to ensure post offices are still with us. He also raised the matter of access to cash. Clause 47 of the Financial Services and Markets Bill deals with that, and gives the Financial Conduct Authority new powers to require provision of access to cash where it is disappearing from our high streets.

    I will touch on business support thus far. The autumn statement’s £13.6 billion of business rates support has been welcomed right across the sector. It would be irresponsible and undeliverable to commit to simply scrap a tax completely, when it raises £22 billion in England alone, and not to say what it will be replaced with. That tax money has to be replaced by something, and we need to understand exactly what the replacement will be. Our approach is more realistic, reasonable and deliverable, as is the energy bill relief scheme, which is hugely important, as it provides vital support for businesses through to the end of March. We have been clear that there will be further support for some vulnerable sectors. The details of that support will be announced by the end of the year. For retail, I am sure there is a very good case for many of our smaller businesses on our high streets to get extended support.

    I want to give the hon. Member for Hornsey and Wood Green time to respond. I thank all Members for their contributions. It is encouraging to see that all sides of the House share a common cause to look after our high streets, and make sure they are still focal points for our local communities.

  • Seema Malhotra – 2022 Speech on Employment and the High Street

    Seema Malhotra – 2022 Speech on Employment and the High Street

    The speech made by Seema Malhotra, the Labour MP for Feltham and Heston, in Westminster Hall, the House of Commons, on 7 December 2022.

    It is a pleasure to serve under your chairship, Mrs Cummins. I congratulate my hon. Friend the Member for Hornsey and Wood Green (Catherine West) on securing this popular debate, which comes soon after the 10th anniversary of Small Business Saturday. As someone who grew up above my parents’ small business, I was delighted to celebrate with my hon. Friend and so many colleagues from across the House.

    Everyone has spoken powerfully. My hon. Friend the Member for Hornsey and Wood Green, the hon. Member for Keighley, my hon. Friends the Members for Stockport (Navendu Mishra), for Bolton South East (Yasmin Qureshi) and for York Central (Rachael Maskell), and the hon. Member for Strangford (Jim Shannon), have spoken on common themes: the need for regeneration; the need to tackle the high costs affecting local high street businesses; fluctuating prices hitting profitability and services; the urgently needed business rates review; the closure of bank branches; the loss of ATMs; the impact on families and local consumers; and the need for civic pride.

    We are also here to celebrate our small businesses and high streets. Good high streets are anchors of community life, where neighbours come together. They employ so many in the local community: an estimated 14% of the UK workforce works on the high street, in civic centres, leisure centres, cafés, offices, banks, post offices and so on. Our high streets reflect and shape the character of the places they are in. They are the backbone of what Labour calls the everyday economy, they are central to our growth agenda for the local and national economy, and they are a space for local entrepreneurship and community businesses. Those arguments are made so powerfully by UKHospitality, the British Retail Consortium, the National Hair & Beauty Federation and others. We need to see our high streets thrive.

    We all know that, as has been illustrated in the debate, times have been tough. But they have been made tougher because of the lack of action—speedy action—from the Conservative Government. They also do not do enough to pre-empt the impact on local communities of the decisions they make in respect of local authority spending cuts and so on.

    We have also seen the issues relating to shifting spending patterns and the severe inflationary headwinds leaving consumers with less money to spend and retailers with slimmer profit margins. PwC expects Christmas spending to decline by £1.8 billion—and that is in the golden quarter, when retail traditionally recoups any losses. This matters because, as emphasised by Gordon Brown’s commission on the future of the UK, launched this week, the high street prospers only when the local community and local economy are strong, because people need money in their pockets in order to spend it.

    The stress caused by the cost of living is now a major cause of abuse against shop workers. Retailers such as Tesco, representatives of which I met last week as part of its winter food-collection scheme, told me about the increase in the shoplifting of everyday items. People are struggling just to get by. The trade union USDAW, which has made powerful contributions to the wider debate, says that verbal and physical abuse is worsening. On a recent visit to Sainsbury’s I saw for myself the fortitude of staff in dealing with abuse that should not be coming their way.

    The decline of the high street is a problem we have been aware of throughout the Government’s time in power. They even commissioned the Portas review, but in August Mary Portas hit out at the Government for their dither and delay while high streets faced what she called the “biggest proper crisis” she has seen. Last year, the Levelling Up, Housing and Communities Committee criticised the Tories’ current solutions, such as town deals, the towns fund and the high street taskforce, as

    “too complex, short-term, and fragmented”.

    They do not come anywhere near to making up for 12 years of local authority underfunding, let alone a strategy for regenerating our high streets and supporting businesses to achieve net zero.

    Unlike the Conservatives, we want to see high streets that are thriving—and we have a plan for that. We will implement a robust industrial strategy, so that business owners can plan and invest with confidence in our communities. We will implement a plan for clean energy, so that by the end of the decade we are saving almost £100 billion for businesses and consumers. We are committed to the reform of business rates. The current unfair system sees high street businesses forking out a third of business rates even though they make up just 15% of the overall economy. We would level the playing field between online retailers and bricks-and-mortar shops by increasing the digital services tax. The retail sector is absolutely crying out for that—indeed, the Retail Jobs Alliance, a coalition of major retailers, is calling for that very policy.

    Communities must be put in the driving seat. To put them there, we should support the growth of co-operatives and ensure that communities are given a real stake and say in the development of their town centres. That is why the Labour party is committed to doubling the size of the co-operative sector. Labour city Mayors are also making a difference. For example, the Mayor of London is funding night time enterprise zones, because opening up at night can increase footfall during the day as well. The pilots have been successful.

    Labour’s plan would strengthen the high street, because we listen to those who use and make the high street on the need for an industrial strategy, the dignity of retail work and the reform of business rates. We want to see this sustained through co-operatives, assets of community value and the biggest transfer of power the UK has ever seen. I look forward to the Minister’s response to the important issues raised in the debate.