Key Facts

• Amendment 1 extends the offence in the Public Order Act to Wales.
• New clause 2 amends three other Acts (Football Spectators Act 1989, Police Act 1997, and Elections Act 2022) to include a reference to new section 4B of the Public Order Act.
• Amendments 2, 3, and 4 are consequential on new clause 2.
• New clause 3 and amendment 5 were tabled by Stella Creasy.
• New clause 1 was tabled by the right hon. Member for Romsey and Southampton North but not selected for debate.
• The amendments aim to introduce 'ought to know' provisions in public order offences.
• Misogyny is a driving factor in crimes against women, affecting 80% to 90% of victims who are women.
• Caroline Nokes pays tribute to efforts by various organisations like Plan International UK, Girlguiding, Women’s Institute, and Soroptimist International.
• The Bill is seen as a significant step forward despite not being perfect legislation.
• Sexual harassment and street harassment are part of a pyramid of offending that needs cultural change.
• The right hon. Member for Tunbridge Wells initiated the legislation.
• Charities such as Plan and Girlguiding were seeking a sponsor for this issue before the initiative was taken up.
• The speaker discusses personal experiences of harassment in public spaces, emphasizing the need to teach young men appropriate behavior.
• New clause 2 adds the new offense of sex-based harassment in public to schedule 1 of the Football Spectators Act 1989.
• Section 4B will be added to schedule 8B of the Police Act 1997 and schedule 9 of the Elections Act 2022.
• The amendments require legislative consent from the Senedd for Wales.
• The prosecution must prove intent before moving to statutory defences.
• Examples of behavior covered by the Bill include following someone closely, making obscene comments or gestures, obstructing a person's journey, and driving slowly near them.
• The Minister acknowledges past work in evolving societal attitudes towards harassment but emphasizes the need for continued legislative efforts.
• The Bill aims to insert a new criminal offence within the Public Order Act 1986 as section 4B.
• The offence will provide for longer sentences of up to two years if someone committed behavior under section 4A because of the victim’s sex, rather than the six months mentioned in section 4A.
• The Minister acknowledges concerns but emphasizes the need to avoid overlap and confusion with existing criminal offences.
• Section 4A provides an offense for threatening, abusive or insulting behavior causing harassment, alarm or distress.
• Clause 1 introduces a new offense under Section 4B that targets sex-based harassment with a maximum sentence of two years' imprisonment.
• The Bill extends to England and Wales but includes caveats for Scotland.
• The Protection from Sex-based Harassment in Public Bill aims to define and address public sex-based harassment.
• Amendments are being discussed to ensure clarity on what constitutes harassment under the bill.
• Stella Creasy agrees to withdraw amendment 5 but intends to revisit the issue during Report stage.
• Amendments made are consequential on NC2.
• New Clause 2 amends paragraphs in Schedule 1 of the Football Spectators Act 1989, Schedule 8B of the Police Act 1997, and Schedule 9 to the Elections Act 2022.
• The amendments insert references to new section 4B of the Public Order Act 1986.