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Police, Crime, Sentencing and Courts Bill PARLIAMENTARY DEBATES HOUSE OF COMMONS OFFICIAL REPORT GENERAL COMMITTEES Public Bill Committee POLICE, CRIME, SENTENCING AND COURTS BILL Seventeenth Sitting Tuesday 22 June 2021 (Morning) CONTENTS New clauses considered. Adjourned till this day at Two o’clock. PBC (Bill 5) 2021 - 2022 No proofs can be supplied. Corrections that Members suggest for the final version of the report should be clearly marked in a copy of the report—not telephoned—and must be received in the Editor’s Room, House of Commons, not later than Saturday 26 June 2021 © Parliamentary Copyright House of Commons 2021 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 645 Public Bill Committee 22 JUNE 2021 Police, Crime, Sentencing and 646 Courts Bill The Committee consisted of the following Members: Chairs: STEVE MCCABE,†SIR CHARLES WALKER † Anderson, Lee (Ashfield) (Con) † Higginbotham, Antony (Burnley) (Con) † Atkins, Victoria (Parliamentary Under-Secretary of † Jones, Sarah (Croydon Central) (Lab) State for the Home Department) † Levy, Ian (Blyth Valley) (Con) † Baillie, Siobhan (Stroud) (Con) † Philp, Chris (Parliamentary Under-Secretary of † Champion, Sarah (Rotherham) (Lab) State for the Home Department) † Charalambous, Bambos (Enfield, Southgate) (Lab) † Pursglove, Tom (Corby) (Con) † Clarkson, Chris (Heywood and Middleton) (Con) † Wheeler, Mrs Heather (South Derbyshire) (Con) † Cunningham, Alex (Stockton North) (Lab) † Williams, Hywel (Arfon) (PC) † Dorans, Allan (Ayr, Carrick and Cumnock) (SNP) † Eagle, Maria (Garston and Halewood) (Lab) Huw Yardley, Sarah Thatcher, Committee Clerks † Goodwill, Mr Robert (Scarborough and Whitby) (Con) † attended the Committee 647 Public Bill Committee HOUSE OF COMMONS Police, Crime, Sentencing and 648 Courts Bill Public Bill Committee New Clause 1 HARASSMENT IN A PUBLIC PLACE Tuesday 22 June 2021 ‘(1) A person must not engage in any conduct in a public (Morning) place— (a) which amounts to harassment of another, and [SIR CHARLES WALKER in the Chair] (b) which he knows or ought to know amounts to harassment of the other. Police, Crime, Sentencing and Courts Bill (2) For the purposes of this section, the person whose conduct is in question ought to know that it amounts to harassment of 9.25 am another if a reasonable person would think the conduct The Chair: Before we begin, I have some preliminary amounted to harassment of the other. reminders for the Committee. Please switch electronic (3) For the purposes of this section— devices to silent. No food or drink is permitted during “conduct” includes speech; sittings of this Committee, except for the water provided. “harassment” of a person includes causing the person I remind Members to observe physical distancing. alarm or distress. They should sit only in the places that are clearly (4) Subsection (1) does not apply to conduct if the person can marked. It is important that Members find their seats show— and leave the room promptly, in order to avoid delays (a) that it was for the purpose of preventing or detecting for other Members and staff. Following a decision of crime, the House of Commons Commission yesterday, we may (b) that it was under any enactment or rule of law or to now sit a little closer together—one metre—but it is comply with any condition or requirement imposed important to continue to observe other distancing measures. by any person under any enactment, or Members should wear face coverings in Committee (c) that in the particular circumstances it was reasonable. unless they are speaking or medically exempt. (5) A person who engages in any conduct in breach of Hansard colleagues would be grateful if Members subsection (1) is guilty of an offence. emailed their speaking notes to hansardnotes@ (6) A person guilty of an offence under this section is liable on parliament.uk. summary conviction to imprisonment for a term not exceeding We completed line-by-line consideration of the existing six months, or a fine not exceeding level 5 on the standard scale, clauses of the Bill last week. Today, we will start to or both.”—(Alex Cunningham.) consider new clauses. New clauses that were grouped Brought up, and read the First time. for debate with amendments to the Bill will not be debated again, but if the Member who tabled the new Alex Cunningham (Stockton North) (Lab): I beg to clause indicated in their speech that they wished to move, That the clause be read a Second time. divide the Committee, they will have the opportunity to do so. The selection list for today’s sittings is available in the room. I remind Members wishing to press a grouped The Chair: With this it will be convenient to discuss new clause to a Division that they should indicate their the following: intention when speaking to the clause. New clause 2—Kerb-crawling— ‘(1) It is an offence for a person, from a motor vehicle while it New Clause 74 is in a street or public place, or in a street or public place while in the immediate vicinity of a motor vehicle that they have just got PROCEEDS OF CRIME: ACCOUNT FREEZING ORDERS out of, to engage in conduct which amounts to harassment in ‘(1) In section 303Z1 of the Proceeds of Crime Act 2002 such manner or in such circumstances as to be likely to cause (application for account freezing order)— annoyance, alarm, distress, or nuisance to any other person. (a) omit subsections (5A) and (5B), and (2) A person guilty of an offence under this section is liable on (b) in subsection (6), at the appropriate place insert— summary conviction to revocation of their driving licence, or a “‘relevant financial institution’ means— fine not exceeding level 3 on the standard scale, or both. (a) a bank, (3) In this section “motor vehicle” has the same meaning as in (b) a building society, the Road Traffic Act 1972. (c) an electronic money institution, or (4) In this section “street” has the meaning given by section (d) a payment institution.” 1(4) of the Street Offences Act 1959.’ (2) In section 316(1) of that Act (general interpretation), in the New clause 23—Street sexual harassment— definition of “relevant financial institution”, after “303Z1” insert ‘(1) A person must not engage in any conduct in a public “(6)”. place— (3) In section 48 of the Financial Services Act 2021 (extent)— (a) which amounts to sexual harassment of another, and (a) in subsection (1), for “subsections (2) and (3)” substitute “subsection (2)”, and (b) which they know or ought to know amounts to sexual (b) omit subsection (3). harassment of the other. (4) In paragraph 14 of Schedule 12 to that Act (forfeiture of (2) For the purposes of this section, the person whose conduct money: electronic money institutions and payment institutions) is in question ought to know that it amounts to sexual omit sub-paragraphs (3) and (4).’ harassment of another if a reasonable person would think the This new clause amends for Northern Ireland the definition of “relevant conduct amounted to sexual harassment of the other. financial institution” for the purposes of account freezing orders under (3) The conduct referred to in subsection (1) is known as street the Proceeds of Crime Act 2002 so as to align the definition with that sexual harassment. which applies in England and Wales and Scotland.—(Victoria Atkins.) (4) A person (A) engages in conduct which amounts to street Brought up, read the First and Second time, and added sexual harassment, or which they know or ought to know to the Bill. amounts to street sexual harassment, of another (B) if— 649 Public Bill Committee 22 JUNE 2021 Police, Crime, Sentencing and 650 Courts Bill (a) A engages in unwanted conduct of a sexual nature, and of my hon. Friend the Member for Rotherham and my (b) the conduct has the purpose or effect of— right hon. Friend the Member for Kingston upon Hull (i) violating B’s dignity, or North (Dame Diana Johnson). (ii) creating an intimidating, hostile, degrading, For young women up and down the country, being humiliating or offensive environment for B. harassed in a public place has become a way of life. (5) In deciding whether conduct has the effect referred to in Derogatory comments, wolf-whistling, stalking and subsection (4)(b), each of the following must be taken into harassment have become so commonplace that many account— women find themselves living in a constant state of fear (a) the perception of B; simply by stepping out of their front door. The figures (b) the other circumstances of the case; and are as startling as they are shameful. A recent survey by (c) whether it is reasonable for the conduct to have that UN Women UK showed that 80% of women in the UK effect. have experienced sexual harassment in their lifetimes; (6) For the purposes of this section, “conduct” includes that increases to a staggering 97% of women aged speech, non-verbal attitudes such as gestures imitating or 18 to 24. The survey also showed that sexual harassment suggesting a sexual act, and obscene sound effects. in the street had become so commonplace that the (7) A person who engages in any conduct in breach of majority of women take no action, because they have subsection (1) is guilty of an offence. lost all faith in the authorities to deal with it. (8) Where on any occasion an authorised officer finds a person who he has reason to believe has on that occasion committed an Shamefully, only 4% of women who had suffered offence under section 1 above, he must give that person a notice sexual harassment reported the crime, and only 45% offering him the opportunity of discharging any liability to believed that reporting the crime would make any difference.
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