UK Parliament / Open data

Stalking Protection Bill

Proceeding contribution from Sarah Wollaston (Conservative) in the House of Commons on Friday, 23 November 2018. It occurred during Debate on bills on Stalking Protection Bill.

That is an extremely important point. There is, of course, another group who cannot speak out: those who have lost their lives at the hands of stalkers. Some of the most moving testimonies that I heard when I was preparing the Bill have come from families who have been bereaved by stalking. I am thinking in particular of the family of Alice Ruggles. I pay tribute to all those people, and I am grateful to the Minister for meeting some of them at a roundtable. I think that we were both struck by their personal courage and bravery in trying to change a hideous experience into an attempt to protect others in the future, and I thank them all.

Another point that has been raised today concerns the growth of online stalking. There is nothing new about stalking, but, sadly, what is new is the increase in the number of avenues that are open to stalkers. That is one of the reasons the Bill does not strictly define stalking. This is a rapidly evolving, changing field, and it is important for us to retain some flexibility. The number of avenues that are open has increased even over the last few years, and if we defined stalking too tightly, we might restrict future opportunities to head off stalking behaviour. The Bill leaves the definition open, giving examples of the kinds of behaviour that could constitute stalking. As I have said before, the point about stalking is the fixated and obsessive nature of it, and the fact that it is a form of harassment. That needs to be recognised as a whole. My hon. Friend the Member for Cheltenham made an important point when he said that an app should be considered. That would enable the full picture to be seen, and I hope that the Minister will consider adopting my hon. Friend’s welcome suggestion.

The Bill is important because it fills a significant gap in the law relating to those who are subject to so-called stranger stalking—that is, stalking by someone who is not a former, or indeed current, intimate partner. It is also important because it takes the onus away from the victim. It means that someone else can come forward to apply for a civil stalking protection order on the victim’s behalf, rather than the victim’s incurring a huge amount of expense and trauma in trying to establish protections on their own behalf. That is one of the key features of the Bill. Moreover, because this is a civil order, it can be imposed on the balance of probabilities—although, importantly, breaching it is a criminal offence. There are real penalties, which I think have been lacking in the past. Stalking is punishable with up to five years’ imprisonment. However, the protection order is not intended to replace a prosecution for stalking. When the criminal threshold has been met, we would expect the police and the whole criminal justice system to go down that route, but we know that a case can take time to build. The point about a stalking protection order is that it could be there while that case was being built for a full prosecution.

Type
Proceeding contribution
Reference
649 c1171 
Session
2017-19
Chamber / Committee
House of Commons chamber
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