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Protection of Freedoms Bill

My Lords, last Wednesday was the second annual National Stalking Awareness Day and two events were held simultaneously here and in the Scottish Parliament. They differed radically from the event held one year before because all those present in London were able to celebrate the introduction of this Bill, promoted on a cross-party basis in both Houses of this Parliament. One year ago, the people's inquiry into stalking was just being created. It was ably chaired by Elfyn Llwyd MP and supported in every possible way by the National Association of Probation Officers and Protection Against Stalking, which had come together in their absolute determination to persuade Parliament that we needed legislation that recognised the scourge of stalking. It needs naming, appropriate sentencing, support for victims and, importantly, treatment for perpetrators. Some members of that inquiry were sceptical about the need for change but the evidence bravely given by the victims, survivors, families of murdered victims, police and others in the criminal justice system made it undeniably evident that change was needed. Last month the Home Secretary, speaking in the Commons debate, confirmed the need for change. Turning to the amendments before us now, she made it much clearer and plainer that the behaviour of those in the criminal justice system had to change, too, to recognise the seriousness of the case, even if it could not be specifically identified in every exemplar. She specifically said: "““Those amendments will widen the section 4A offence to incorporate behaviour that causes the victim serious alarm or distress that has a substantial effect on his or her day-to-day life. This change will mean that when a stalker causes their victim, for example, to take alternative routes to and from work, when the victim is afraid to leave the house or when they have to ask their ""friends or family to pick up their children from school because they are afraid of running into their stalker, this could count as behaviour that attracts the more serious section 4A offence and therefore, on conviction on indictment, a maximum five-year sentence. The message could not be clearer—anyone who ruins someone's life with their stalking should expect to be severely punished””." The Secretary of State went on to say that legislation will be kept, "““under review. The last thing we want to do is to find that the legislation is being misinterpreted””." She had set out examples, "““to send a message to people that that is all they are””.—[Official Report, Commons, 19/3/12; col. 546-47.]" Some of the examples to do with changing the culture are absolutely vital within the system. Frankly, that change should start with the renaming of the department in the Home Office that deals with stalking. It is currently called—I am not making this up—““Death and Violence””. One small but significant change such as this will signal a key change in how the Government, the Civil Service and the criminal justice system are starting to treat stalking. This is about human beings and how they are treated. I give one illustration from the courts today. The result of Elliot Fogel's case was due to be heard this morning—the latest chapter in his stalking of Claire Waxman over the past 20 years. He was imprisoned for two years in January for breaching a lifetime restraining order; this was after a 16-week sentence for the original stalking offence two years ago. He wanted his sentence reduced. Shockingly, the case was adjourned from this morning to this afternoon because the CPS had again forgotten its evidence and files on his repeated breaching of previous restraining orders. A further problem was that the CPS had consistently not prosecuted breaches of restraining orders, so the court was able to look only at three out of the many that had been taken to court. This presents a very different picture for the judges but it is one that they were forced to use. I am pleased to say that the court finally made its decision this afternoon and Fogel's sentence remains. Every single court case in Claire Waxman's long and difficult experience of being stalked has been adjourned at least once because the CPS arrived without key papers or because of other unbelievable acts of incompetence. As with domestic violence cases, these delays, caused entirely by administrative errors, can be physically dangerous to victims and their families. The court is often stuck without effective means of prosecution. The only way to get around this is through training and guidance on stalking, its perpetrators and its victims. Until this happens, victims stand no chance of a fair trial or even a voice. We have debated the detail of this at length and gained, I understand, unusual consensus on the need for stalking legislation. The time has come to accept the Secretary of State's clear intention on this and for the Home Office and the Ministry of Justice to begin the vital work of changing the culture around the treatment of these offences to make it clear that the scourge of stalking is no longer acceptable in England and Wales.