Contribution
I rise to speak to new clauses 12 and 123 in my name, new clause 43 in the name of the hon. Member for Tunbridge Wells (Mike Martin) and new clause 121 in the name of my hon. Friend the Member for Gosport (Dame Caroline Dinenage).
New clause 43 seeks to commence the Sex-based Harassment in Public Act 2023, which was taken through the House as a private Member’s Bill by Greg Clark, the predecessor of the hon. Member for Tunbridge Wells. Greg did great work on this Bill. I was one of its supporters and a member of the Bill Committee. I spoke on Second Reading, Third Reading and in Committee. It is a simple Act, which had cross-party support—it was not in any way a controversial piece of legislation. It corrected an oversight in the law that had been missed out in a previous piece of legislation.
As so often happens, a private Member’s Bill requires a statutory instrument to commence it, and that statutory instrument has not yet been laid in this House. I am sure the Minister is well aware of that and is seeking to do so. This new clause would allow the Act to commence now, rather than requiring that statutory instrument, thereby saving her a little bit of time. I hope, therefore, that she might look favourably on it. As I say, this was an Act that was supported across the House. There was no Division on it; it was very much something that we all wanted to see, so I hope that the Government accept the new clause and that the hon. Member for Tunbridge Wells can follow on in the footsteps of his predecessor in making sure that this Act of Parliament becomes live and real for the people who need it.
Let me turn now to new clause 121 in the name of my hon. Friend the Member for Gosport. I was almost disappointed not to be able to table this new clause myself, because it fits with the work that I have done previously on these issues. I was Secretary of State for Digital, Culture, Media and Sport when the Digital Economy Act 2017 introduced age verification for pornography. Again, new clause 121 is a simple piece of legislation, which would make non-fatal strangulation a criminal act if in pornography. This does not impact on what people may wish to do in their private lives, but it does mean that those images would not then be available to be seen in pornographic films. It also means that there is protection for children who may be looking at this pornography—we do not want them to look at it, but we are realists and recognise that this happens—and that it does not normalise what is a really dangerous act, which should not be promoted in any way.
I know from experience that social media companies will remove content if it is illegal. They will not remove it if it is not. Therefore this simple change would mean that the depiction of non-fatal strangulation would become illegal content and social media companies would therefore be forced to act. I hope that this is something that can be supported across the House. Although I understand that we will be pushed to Division this evening, I do hope that the Minister can say something about the Government introducing something similar—perhaps in the other place—so that we can make sure that this inappropriate content is illegal and therefore not available to be seen by children.
Let me turn now to the new clauses in my name. I wish to start with new clause 123, because my hon. Friend the Member for Meriden and Solihull East (Saqib Bhatti), who has been such a champion of this legislation, has to go to a Delegated Legislation Committee at 2.30 pm. I also wish him a very happy birthday. He is choosing to spend his birthday in this Chamber and attending a DL Committee—what a hero! Again, I think that this new clause will have cross-party support. It concerns the removal of parental responsibility for individuals convicted of sexual offences against children. When I have talked about this to colleagues and asked them to consider supporting the new clause, they have been utterly amazed that anybody convicted of a sexual offence against a child may be allowed to have parental responsibility for their own child. That responsibility is stopped only if the offence is committed against their own child. That cannot be right.
How can it be that a convicted sex offender—somebody who has been convicted of a sexual offence against a child—is allowed to make parental decisions about their own children? My hon. Friend’s constituent has talked about this—I believe that they are known as “Bethan” in this situation—and has been a real champion on this issue. In this particular case, a man who was convicted of raping a relative who was a child still has parental responsibility for his own child. That cannot be acceptable. Again, this feels like a piece of legislation where, at some point, we just failed to address this one issue. I hope, therefore, that this can be seen as a defect in the legislation that we all agree should be corrected.
New clause 12 is a relatively simple amendment to the Modern Slavery Act 2015, but it reflects a phenomenon that we simply did not know about when we introduced the Act 10 years ago. As the Minister on the Bill, I remember going through many definitions of what constituted trafficking and exploitation, but, at the time, the phenomenon of orphanage trafficking was simply not known. That may be a shock to some in this Chamber, because there is such awareness of the issue in Australia and New Zealand but we simply do not know about it here.