28 February 2022

Public sexual harassment law will come if there is ‘clear need’, minister says

28 February 2022

The Government will make new laws to make public sexual harassment a crime if it is “clear” that is needed.

Home Office minister Rachel Maclean said the Government would bring forward a law to criminalise catcalling, pressing against someone in a sexual manner on public transport, making lewd comments or other inappropriate behaviour, only if a review proves it is needed.

The comments come as the Government faces pressure to amend to the controversial Police, Crime, Sentencing and Courts Bill to make misogyny a hate crime.

If the work that we are doing with the Law Commission... is clear that we need to make a new offence, then that is exactly what we will do

In the Commons, Conservative chair of the women and equalities committee Caroline Nokes said: “I know the minister agrees with the Law Commission that misogyny should not be a hate crime.

“Does she also think it appropriate that she should agree with the Law Commission that public sexual harassment should be a specific offence?

“I would like to welcome the words of the Home Secretary (Priti Patel), who just said that women should be able to live their lives ‘freely, safely and without harassment’.

“Can we stop ‘looking at this hard’ and actually bring forward some legislation to make it happen?”

Ms Maclean replied: “If the work that we are doing with the Law Commission… and others is clear that we need to make a new offence, then that is exactly what we will do.”

The Police, Crime, Sentencing and Courts Bill is due to be debated in the Commons on Monday night.

The Bill returns to the Commons after scrutiny in the House of Lords, where a series of amendments was made to it, including that misogyny should be classed as a hate crime.

The Government has previously said it will follow guidance from the Law Commission, which does not recommend misogyny should be classed as a hate crime.

Elsewhere in the debate, Labour asked the Government to lay out its plans for proper monitoring of sex offenders.

Shadow Home Office minister Jess Phillips said: “Since the publication of the VAWG (violence against women and girls) strategy, rape charging has fallen to an all-time low, leaving more people accused of rape… than ever before.

“Operation Bluestone found that the monitoring of previous offenders was failing to use intelligence to establish whether suspects had been named in previous offences.”

She added: “I ask the Secretary of State to lay out to the House exactly where in the strategy and her plans is the proper monitoring and offending management that will stop any offender, let alone the most violent and repeat rapists, because it is not even nearly happening now.”

Home Secretary Ms Patel replied: “We had the rape review. The rape review has been very, very clear and explicit in terms of the actions that had been undertaken by Government.”

She added: “This Government is fixing many of the problems, long-established problems, within the criminal justice system that has led to, quite frankly, some of the most appalling outcomes.

“We can all agree, if nothing else, on the appalling outcomes that we want to fix for rape victims.”

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