Police, Crime, Sentencing and Courts Bill — After Clause 54 — Intimidatory Offences Aggravated by Sex or Gender — 28 Mar 2022 at 19:56
The majority of MPs voted not to create a new offence of harassment aggravated by hostility towards sex or gender but to require the Government to respond, within a year, to a recommendation that "sex or gender should not be added as a protected characteristic for the purposes of aggravated offences and enhanced sentencing".
The motion supported by a majority of MPs in this vote was:
- That this House disagrees with the Lords in their amendment 72B and proposes amendments (a) and (b) in lieu.
Lords amendment 72B began:
- After Clause 54, insert the following new Clause—
- “Intimidatory offences aggravated by sex or gender
- (1) A person must not commit an act—
- (a) which amounts to harassment or intimidation of another,
- (b) which he or she knows or ought to know amounts to harassment or intimidation of the other, and
- (c) which is aggravated by hostility towards sex or gender.
- (2) For the purposes of this section, the person whose act is in question ought to know that it amounts to or involves harassment or intimidation of another if a reasonable person in possession of the same information would think the act amounted to harassment or intimidation of the other.
- (3) Subsection (1) or (2) does not apply to an act if the person who pursued it shows—
- (a) that it was pursued for the purpose of preventing or detecting crime,
- (b) that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
- (c) that in the particular circumstances the conduct was reasonable.
- (4) A person who commits an act in breach of subsection (1) is guilty of an offence.
The clause continued with details of provisions relating to sentencing, interpretation and the reporting of statistics.
Commons amendments (a) and (b) in lieu stated:
- Page 46, line 35, at end insert the following new Clause—
- "Response to Law Commission report on hate crime laws
- (1) The Secretary of State must, before the end of the period of 12 months beginning with the day on which this Act is passed—
- (a) prepare and publish a response to Recommendation 8 of the Law Commission report on hate crime (adding sex or gender as a protected characteristic for the purposes of aggravated offences and enhanced sentencing), and
- (b) lay the response before Parliament.
- (2) In this section “the Law Commission report on hate crime” means the Law Commission report “Hate Crime Laws” that was published on 7 December 2021.”
- Page 195, line 27, at end insert—
- “(ka) section (Response to Law Commission report on hate crime laws);”
Amendment (b) relates to commencement and provides for the provision in amendment (a) to come into force on the day on which the Act is passed.
- We recommend that sex or gender should not be added as a protected characteristic for the purposes of aggravated offences and enhanced sentencing.
-  Parliament's webpage on the Police, Crime, Sentencing and Courts Bill, Parliament.uk
-  Police, Crime, Sentencing and Courts Bill, as introduced on 6 July 2021, Parliament.uk
-  Explanatory notes to the Police, Crime, Sentencing and Courts Bill, as introduced on 6 July 2021, Parliament.uk
-  Lords amendments to the Police, Crime, Sentencing and Courts Bill, 23 March 2022, Parliament.uk
-  Amendment paper for consideration of the Police, Crime, Sentencing and Courts Bill, 28 March 2022, Parliament.uk
-  The Law Commission report “Hate Crime Laws”, published on 7 December 2021, AmazonAWS.com (linked from the Hate Crime project page on the Law Commission website, Gov.uk)
Votes by party, red entries are votes against the majority for that party.
What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.
What are Boths? An MP can vote both aye and no in the same division. The boths page explains this.
What is Turnout? This is measured against the total membership of the party at the time of the vote.
|Party||Majority (Aye)||Minority (No)||Both||Turnout|
|Con||275 (+2 tell)||0||0||76.5%|
|Lab||0||130 (+2 tell)||0||66.0%|