The Minister of State, Home Office (Lord Hanson of Flint) (Lab)

My Lords, I am very proud to introduce Amendment 334, as it delivers on a Labour government manifesto commitment by extending the existing statutory framework for aggravated offences under the Crime and Disorder Act 1998. As noble Lords will know, under the existing provision, specified offences are aggravated and subject to potentially greater maximum penalties where it is proved that the offender was motivated by hostility towards the protected characteristics of race and religion. The relevant offences for these purposes are criminal damage, harassment, stalking and certain public order offences, as well as several offences against the person, including actual and grievous bodily harm, strangulation, assault and malicious wounding. Through Amendment 334, the Government are not creating new criminal offences; rather, we are extending a well-established legislative model to ensure that it properly captures the full range of hostility-based offending that we know is taking place in our communities. I just happen to believe that individuals who are trans or have a disability have a right and a promise to live life free from hostility in our society today. I pray in aid that, in the last year for which figures are available, March 2024 to March 2025, 4,120 hate crimes were registered by the police against transgender people and 10,649 hate crimes were registered against people with disabilities. The amendment fulfils the Government’s commitment to level up the hate crime legislative framework by extending the regime of aggravated offences under the 1998 Act to cover criminal behaviours motivated by hostility towards sexual orientation, disability and transgender identity. We are also adding behaviours motivated by hostility based on sex or presumed sex. As a corollary to Amendment 334, government Amendments 345, 347, 349 and 353 separately amend the new offences on abuse towards emergency workers to provide for aggravation where these offences are motivated by or demonstrate hostility to the same range of protected characteristics. This ensures, for the first time, parity of treatment across these protected characteristics and provides the police and prosecutors with a broader set of tools for recognising and responding to hate crime offences. This measure has received a broad welcome from a range of charities and organisations involved with disability or with transgender issues. Stonewall has described the measure before the House tonight as “a powerful message that LGBTQ+ people deserve equal access to justice”. Galop, the LGBT and anti-abuse charity, has described the amendment as a “landmark moment” for equality. Real, the deaf and disabled people’s organisation, has said: “It reflects long-standing calls for equal protection under the law for all victims of hate crime”. The Spinal Injuries Association has said: “It sends a clear message that violence and hostility directed at disabled people will no longer be overlooked and must be treated with the seriousness it deserves”. I concur with all those comments, and I hope that the whole House will do too in due course. Aggravated offences are well established in our criminal law. By extending the scope of the provisions in the Crime and Disorder Act, we will help to ensure that criminal justice agencies identify and record hostility against protected characteristics where they take place and that perpetrators are appropriately punished for their offending. These are not abstract virtues. They translate into better case-building, clearer communication with victims and, ultimately, more robust outcomes in court. I hope that they will also prevent people being attacked, abused and harassed for issues to do with their identity as transgender people or people with disabilities. It is simply not acceptable in the 21st century for those types of offences to take place. That is why we consider that the aggravated offences framework remains the right tool for recognising and responding to hostility based offending. Recognising hostility based on sex within the aggravated offences regime complements our mission to tackle violence against women and girls. It will enable the courts to recognise on the face of the offence the serious harm caused when a victim is targeted because of their sex or presumed sex. Making it clear in law that offences motivated by hostility towards a victim’s sex will be treated just as seriously as those motivated by hostility towards the range of other protected characteristics in the hate crime regime reinforces our determination as a Government to confront these harms. To ensure coherence across the statute book, the aggravated version of the existing Section 4A offence under the Public Order Act 1986 will not extend to cases involving hostility based on sex or presumed sex. That is because the behaviour targeted by that offence—namely, causing intentional harassment, alarm or distress—is already more than adequately covered by the new aggravated offence introduced by the Protection from Sex based Harassment in Public Act 2023, which will come into force on 1 April. This approach prevents duplication while ensuring the law remains both targeted and effective. I will listen to what noble Lords say in their amendments, but I put a clear message down that this is a matter of principle for this Labour Government and people across this House. I believe and know that it will have the support of many others in this House, for which I thank them in advance. It is not right that transgender people or people with disabilities are singled out for offences. They need the protection of the law and today is the day for this House, and for the House of Commons when it is considered there, to stand up and say what is right. I beg to move. Amendment 334A (as an amendment to Amendment 334)