Clause 13 - Offences relating to intimate photographs or films and voyeurism

Part of Criminal Justice Bill – in a Public Bill Committee am 2:45 pm ar 11 Ionawr 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Jess Phillips Jess Phillips Llafur, Birmingham, Yardley 2:45, 11 Ionawr 2024

I understand exactly where the Minister is coming from. I understand not wishing to over-criminalise anybody for something accidental. I will just say that chance would be an absolutely fine thing. In the case that I was talking about, the police laughed at the woman when she went to them about it. Sometimes we on these Committees say, “Well, there’s already an offence for that,” and I think, “Is there?” In real life, there is not, when the rubber hits the road. I am not sure how many times people in this room have tried to get these criminal cases across the line. I do it every single week. In my life, I have done thousands and thousands.

The argument is the same for this legislation: what is the point of having it? Take Georgia Harrison’s case—let me give her a shout out. Good luck to her on “Love Island: All Stars”. I will definitely be supporting her; she is a friend of mine. There are probably all sorts of bits of legislation around posting an image of an ex partner. We say about spiking, “Well, there is already legislation for that,” but it does not work. Our job is to try to make Laws that work in real life. I am afraid to say that there will be lots of cases of the kind that I am talking about. There just will, and the women involved will not be able to rely on this legislation.

The Minister said, “We try to make laws for all people in our country.” It does not always feel like that. We leave loads of people out. I will not press the new Clause to a Division, because my point has been made. I am drawing a line in the sand when it comes to people in this Committee telling me, “There is another law for that,” when I know fine well that those other laws do not work.

Clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

laws

Laws are the rules by which a country is governed. Britain has a long history of law making and the laws of this country can be divided into three types:- 1) Statute Laws are the laws that have been made by Parliament. 2) Case Law is law that has been established from cases tried in the courts - the laws arise from test cases. The result of the test case creates a precedent on which future cases are judged. 3) Common Law is a part of English Law, which has not come from Parliament. It consists of rules of law which have developed from customs or judgements made in courts over hundreds of years. For example until 1861 Parliament had never passed a law saying that murder was an offence. From the earliest times courts had judged that murder was a crime so there was no need to make a law.

Minister

Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.

clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

Division

The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.