The hon. Gentleman is absolutely right. By its nature, that is the kind of offence that it is, and that is how it ruins people's lives. I have spoken to many victims who say that it is almost like having a black cloud behind them day and night, and they have to turn around every now and then to make sure that the person is not there. It is an awful situation to be in. I believe that the Bill deals with the problem in large part, if not completely; there are one or two things that I would like to discuss. I am in sympathy with some of, but not all the points raised by the hon. Member for Walthamstow.
We suggested in our report that the offence should be one that is capable of being tried either way, but to be fair to the Home Secretary, she has clearly expanded on how the Government are now looking at this. Although I would argue that stalking is never a minor offence, there are more serious initial offences. It will be partly to do with whether the person has been before the courts before for a similar offence involving a different victim or the same one. My fears are allayed, to a certain extent, by what the Home Secretary said, although we did recommend, as I said, that the offence should be triable either way, as the 4A offence would be.
Following lobbying by NAPO and Protection Against Stalking, Lord Henley announced in the other place an amendment to the wording of the amendment to include psychological harm. I welcome that amendment to the amendment—it is almost like an extension to the extension—because that is crucial. When I had the privilege of meeting the Prime Minister to discuss this, two young women were there who had given us evidence, both of whom would not necessarily fall into the physical harm category but into the psychological damage category. One young woman has received therapy for the past 10 years because of stalking. I am pleased that that element is now included. In effect, it completes the circle.
Research has shown that more than half the women who are stalked express problems that are similar to post-traumatic stress disorder, sometimes on and off and sometimes without showing the symptoms immediately. A third of such women suffer similar conditions but are not diagnosed in that way. It is thought that about 80% of victims suffer psychologically. That point is extremely important, so I welcome the latest Government amendment to address that. The 1997 Act created the offence of harassment, but a conviction could be obtained only if it could be shown that the victim feared violence. We have jumped beyond that now and it is important that we have done so. I welcome that amendment, because it strengthens the Bill in many regards.
It seemed to the inquiry that part of the problem was that conduct was not taken seriously enough under the 1997 Act. The section that purported to deal with stalking behaviour made it only a summary offence, which gave the impression that it was a minor matter. As we all know, it is not a minor matter, but an extremely serious one. The impression was given that it could just be waved away by the magistrates court. That impression has been damaging. For all I know, it might have contributed to the fact that many police officers were not effective in dealing with stalking. I have not come here to run the police service down. I am a great supporter of the police service. We are looking forwards, not backwards. However, the research that we received showed that the police were not very effective in that regard.
Protection of Freedoms Bill
Proceeding contribution from
Elfyn Llwyd
(Plaid Cymru)
in the House of Commons on Monday, 19 March 2012.
It occurred during Debate on bills on Protection of Freedoms Bill.
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