Protection of Freedoms Bill

My Lords, I fully support the amendment of the noble Baroness, Lady Royall of Blaisdon, which aims to incorporate the same law against stalking in English and Welsh law that already exists in Scotland. The campaign to establish a law against stalking in Scotland was launched in March 2009 by Ann Moulds, who was herself a victim of stalking, and other supporters. These efforts led to two clauses being inserted in the Criminal Justice and Licensing (Scotland) Act 2010. It is particularly significant that the Scottish campaigners decided not to press for a version of the Protection from Harassment Act 1997—the current law in England and Wales. As we have already heard from the noble Baroness, Lady Royall, a similar position was taken in September 2011 by the Swedish Government. Their decision was taken on the grounds that the 1997 Act does not in practice contain sufficient powers to deal with the increasingly complex crime of stalking. In their view, harassment covers everything from rows between neighbours to domestic disputes but omits to recognise stalking behaviour per se. Stalking, they argued, is quantifiably different from harassment in law, not least in its increasing use of modern technology, particularly the internet, for what is now known as cyberstalking. It is all too easy for a stalker to reinvent himself as somebody else making inquiries about his victim. That has opened up a whole new area. The campaign in Scotland was launched at a meeting in Ayrshire. It gathered momentum during that year and involved lobbying MSPs, officials, pressure groups, government departments and third-sector organisations over a 12-month period. During the 10 years to 2010, Ann Moulds estimated that no more than 70 cases of stalking were successfully prosecuted under British legislation. However, since the introduction of the new Act in Scotland, there has already been a number of prosecutions in Strathclyde alone in the first four months, as we have heard. The campaign to establish a stalking law and offences of causing fear and alarm was achieved in a remarkably short period. The campaign ran for roughly a year and led to all-party agreement on legislation. The legislation has the support of the police, who have adopted operational guidelines to ensure that police are aware of stalking and harassment behaviour and take appropriate action. Again, as has been stressed, much more training will be needed. Since the Scottish Act took effect, the number of prosecutions has visibly increased, with the vast majority of those prosecuted pleading guilty. The experience of Ann Moulds and other victims prior to the introduction of the legislation was the same as in England and Wales: namely, a feeling by victims—the vast majority of whom, as we have heard, are women—that the crimes were not taken seriously and that there was underreporting and underrecording, a lack of confidence in the justice system and a failure of the state to provide proper victim advocacy. The seeds of the English and Welsh campaign are already being sown. We owe a tremendous amount to Harry Fletcher of Napo and Laura Richards of Protection Against Stalking. Among other things, they have encouraged the setting up of a cross-party group of parliamentarians who have taken evidence for the past few months. We hope that a report will be produced in the new year that will speed up decision-making on the legislation that we need in this country. Stalking is a dangerous and often vicious crime that causes not just immense concern but a huge amount of damage to the individuals involved and all their family. Violence plays an inevitable part, particularly if early action is not taken. Other forms of psychological harm are used the whole time. I hope that if not today then on Report we can debate the issue in much greater depth and, I hope, reach the same conclusions as in Scotland that such a law is certainly needed urgently in England and Wales, too.