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Protection of Freedoms Bill

My Lords, I shall speak also to Commons Amendments 133A to 133C. The House will recall that at Third Reading in this House the Bill was amended to introduce two new specific offences of stalking and stalking involving fear of violence. These new offences are set out in new Sections 2A and 4A of the Protection from Harassment Act 1997. I acknowledged at the time that the new Section 4A offence needed better to reflect the psychological trauma experienced by victims. I indicated that the Government would bring forward further amendments to address this point when the Bill returned to the Commons to consider the Lords amendments. These additional amendments were duly approved by the Commons on 15 March and it now falls to your Lordships' House to agree to them. The amendments made in the Commons to Amendment 51, which I brought forward at Third Reading, widen the new Section 4A offence so that a course of conduct amounting to stalking that causes serious alarm or distress, which has a substantial adverse effect on a victim's usual day-to-day activities, is also captured. These changes will mean that when a stalker's course of conduct causes their victim to, for example, change where they socialise or to ask their friends or family to pick up their children from school because they are afraid of running into their stalker, the Section 4A offence could be made out and therefore, on conviction, result in a sentence of imprisonment of up to five years. I am confident that through these changes we have further strengthened the protection of victims of stalking. We are also sending a clear message to perpetrators that this behaviour will not be tolerated. I am convinced that we now have workable and effective laws to bring the perpetrators of stalking to justice. Elfyn Llwyd, who chaired the recent independent inquiry on stalking, said in the debate in the Commons that the new provisions, "““show that the Government have carried out a listening exercise, and we will now have firm laws. They will prevent lives from being ruined and, crucially, from being lost””.—[Official Report, Commons, 19/3/12; col. 553.]" Before bringing forward these amendments in the Commons, my officials discussed them with the National Association of Probation Officers and Protection Against Stalking. These organisations share the concerns raised here at Third Reading about the psychological impact that stalking has on victims. As many of your Lordships will know, both NAPO and PAS have said that they support the changes we have made. I know that that view was widely shared on all sides of this House, but it is clear that the noble Baroness, Lady Royall, has some lingering doubts, if I may put it that way, that have prompted her to table two further amendments to the Commons amendments. I seek to reassure her that those amendments are unnecessary. The noble Baroness's amendment to Amendment 51C seeks to include a further limb to new Section 4A to cover cases where a stalker causes a victim to fear for their personal safety or that of another. I can assure the House that where such stalking behaviour causes the victim serious alarm or distress such that it substantially affects their day-to-day activity, then it could meet the threshold for the Section 4A offence. The threshold would also be met where the behaviour causes the victim to fear violence. A third party who is made to fear for their safety could also have recourse through the existing criminal and civil law, including by pursuing an injunction or a restraining order in appropriate cases. The Government consider that the Section 4A offence should be reserved for cases where a stalker causes the victim to fear, on at least two occasions, that violence will be used against them or where a stalker causes their victim, "““serious alarm or distress which has a substantial … effect””" on their, "““usual day-to-day activities””." It is right that this offence, carrying a maximum sentence of five years' imprisonment, is reserved for those stalking behaviours that are more serious and have greater impact on their victim. Of course, all cases of stalking are serious and can wreck lives, but it is important that we maintain a clear distinction and escalation between the two new offences. Prosecution under Section 4A should be reserved for the worst cases. Such cases should already be captured in the Section 4A offence and adding this limb could lower the threshold too far. If the stalking behaviour does not cause the victim to experience one of the effects as set out in Section 4A(1), a prosecution under Section 2A would be more appropriate. Again, officials have discussed this amendment with NAPO, Protection Against Stalking and with the Association of Chief Police Officers' stalking lead. We have expressed our view that such cases could be captured in the existing Section 4A offence as amended in the Commons, and that this should be highlighted in police training. To ensure that this issue is properly understood by police and prosecutors, officials will involve ACPO, NAPO, Protection Against Stalking and others in developing training and guidance. Officials will meet them soon to agree how to work together. I am convinced that this issue can be addressed without further changes to the legislation. We now need to get the Bill on the statute book and to work with partners to ensure that these new offences are fully effective in protecting the victims of stalking and bringing offenders to justice. I end by saying that I am indebted to all Members of the House who have worked with us to shape this legislation. Together, we have across all parties developed workable legislation that will support the police and the courts in eradicating this awful crime. This will make a real difference to victims. I again pay tribute to noble Lords on all sides of the House, including the noble Baroness, Lady Royall, the noble Baroness, Lady Howe, who is not in her place, and my noble friend Lady Brinton, for their tireless efforts in raising these issues and ensuring that stalking victims will be properly protected by these new laws. I commend Motions B and C to the House and invite the noble Baroness not to press her Motions B1 and B2. I beg to move. Motion B1 (as an amendment to Motion B) Moved by