Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Thursday 12 July 2018

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Voyeurism (Offences) (No. 2) Bill


 

Note

 

This document includes all amendments remaining before the Committee and

 

includes any withdrawn amendments at the end. The amendments have been

 

arranged in the order in which they relate to the Bill.

 


 

Mrs Maria Miller

 

Dame Caroline Spelman

 

Wera Hobhouse

 

Jess Phillips

 

Liz Saville Roberts

 

Jim Shannon

Angela Crawley

Mr Andrew Mitchell

Caroline Lucas

Nicky Morgan

Dr Sarah Wollaston

Hannah Bardell

Stella Creasy

Heidi Allen

Michael Fabricant

Mr Peter Bone

Sir Christopher Chope

Jo Swinson

 

2

 

Clause  1,  page  1,  line  9,  leave out “, for a purpose mentioned in subsection (3),”

 

Member’s explanatory statement

 

This amendment is consequential to Amendment 1


 
 

Public Bill Committee: 12 July 2018                     

2

 

Voyeurism (Offences) (No. 2) Bill, continued

 
 

Mrs Maria Miller

 

Dame Caroline Spelman

 

Wera Hobhouse

 

Jess Phillips

 

Liz Saville Roberts

 

Jim Shannon

Angela Crawley

Mr Andrew Mitchell

Caroline Lucas

Nicky Morgan

Dr Sarah Wollaston

Hannah Bardell

Stella Creasy

Heidi Allen

Michael Fabricant

Mr Peter Bone

Sir Christopher Chope

Jo Swinson

 

3

 

Clause  1,  page  2,  line  1,  leave out paragraph (c)

 

Member’s explanatory statement

 

This amendment is consequential to Amendment 1

 

Mrs Maria Miller

 

Dame Caroline Spelman

 

Wera Hobhouse

 

Jess Phillips

 

Liz Saville Roberts

 

Jim Shannon

Angela Crawley

Mr Andrew Mitchell

Caroline Lucas

Nicky Morgan

Dr Sarah Wollaston

Hannah Bardell

Stella Creasy

Heidi Allen

Michael Fabricant

Mr Peter Bone

Sir Christopher Chope

Jo Swinson

 

1

 

Clause  1,  page  2,  line  6,  leave out subsection (3) and insert—

 

“(3)    

It is a defence for a person (A) charged with an offence under this section to

 

prove—

 

(a)    

in respect of an offence under subsection (1)—

 

(i)    

that operating the equipment was necessary for the purposes of

 

preventing or detecting crime, or

 

(ii)    

that A did not operate the equipment with the intent of observing

 

another person’s genitals, buttocks or underwear, and

 

(b)    

in respect of an offence under subsection (2)—

 

(i)    

that recording the image was necessary for the purposes of

 

preventing or detecting crime, or

 

(ii)    

that A did not record the image with the intent of recording an

 

image of another person’s genitals, buttocks or underwear.”


 
 

Public Bill Committee: 12 July 2018                     

3

 

Voyeurism (Offences) (No. 2) Bill, continued

 
 

Mrs Maria Miller

 

Dame Caroline Spelman

 

Wera Hobhouse

 

Jess Phillips

 

Liz Saville Roberts

 

Jim Shannon

Angela Crawley

Mr Andrew Mitchell

Caroline Lucas

Nicky Morgan

Dr Sarah Wollaston

Hannah Bardell

Stella Creasy

Heidi Allen

Michael Fabricant

Jo Swinson

 

4

 

Clause  1,  page  2,  line  8,  at end insert—

 

“(3A)    

It is an offence for a person (A) to disclose an image of another person (B)

 

recorded during the commission of an offence under subsection (2) if the

 

disclosure is made without B’s consent.

 

(3B)    

It is a defence for a person (A) charged with an offence under subsection (3A) to

 

prove—

 

(a)    

that disclosure of the image was necessary for the purposes of preventing

 

or detecting crime, or

 

(b)    

that A did not disclose the image with the intent of disclosing an image

 

of another person’s genitals, buttocks or underwear.”

 

Stella Creasy

 

Alison McGovern

 

Stephen Doughty

 

Tonia Antoniazzi

 

Ruth Cadbury

 

Helen Hayes

Lucy Powell

Jess Phillips

Dr Rupa Huq

Melanie Onn

Rosie Cooper

Rosie Duffield

Christine Jardine

Thelma Walker

Diana Johnson

Lilian Greenwood

Caroline Lucas

 

6

 

Clause  1,  page  2,  line  13,  at end insert—

 

“(4A)    

Where a court is considering for the purposes of sentencing the seriousness of an

 

offence under this section, and either or both of the facts in subsection (4B) are

 

true, the court —

 

(a)    

must treat the fact mentioned in subsection (4B) as an aggravating factor

 

(that is to say, a factor that increases the seriousness of an offence), and

 

(b)    

must state in open court that the offence is so aggravated.

 

(4B)    

The facts referred to in subsection (4A) are—

 

(a)    

if, at the time of committing the offence, or immediately before or after

 

doing so, the offender demonstrates towards the victim of the offence

 

hostility based on the victim having (or being presumed to have) a

 

particular sex characteristic, or

 

(b)    

if the offence is motivated (wholly or partly) by hostility towards persons

 

of who share a particular sex characteristic based on them sharing that

 

characteristic.

 

(4C)    

For the purposes of subsection (4B), “sex characteristic” means the protected

 

characteristic of sex in section 11 of the Equality Act 2010.”

 

Member’s explanatory statement

 

This amendment ensures that if the crime is motivated by misogyny then that will be considered by


 
 

Public Bill Committee: 12 July 2018                     

4

 

Voyeurism (Offences) (No. 2) Bill, continued

 
 

a court as an aggravating factor when considering the seriousness of the crime for the purposes

 

of sentencing.

 

Sir Christopher Chope

 

Mr Peter Bone

 

5

 

Clause  1,  page  2,  line  27,  leave out paragraphs (a) and (b) and insert “the offence

 

was committed by a person who was aged 18 years or more at the time of the offence, for

 

the purposes of obtaining sexual gratification.”

 

Member’s explanatory statement

 

This amendment is consequential upon Amendments 1, 2 and 3 and will mean that the notification

 

requirements are triggered only when the offence is committed for the purposes of obtaining sexual

 

gratification and by a person who is aged 18 or more at the time of the offence.

 


 

Stella Creasy

 

Alison McGovern

 

Stephen Doughty

 

Tonia Antoniazzi

 

Ruth Cadbury

 

Helen Hayes

Lucy Powell

Jess Phillips

Dr Rupa Huq

Melanie Onn

Rosie Cooper

Rosie Duffield

Christine Jardine

Thelma Walker

Diana Johnson

Lilian Greenwood

Caroline Lucas

 

NC1

 

To move the following Clause—

 

         

“Requirement to amend guidance

 

The Director of Public Prosecutions shall ensure, within six months of this Act

 

coming into force, that any guidance issued under section 37A of the Police and

 

Criminal Evidence Act 1984 is amended to ensure such guidance specifies

 

information to be provided to the Director of Public Prosecutions to assist with—

 

(a)    

the prosecution of an offence under this Act, and

 

(b)    

the identification of any aggravating factor to an offence under this Act.”

 

Member’s explanatory statement

 

This new clause requires the Director of Public Prosecutions to ensure that guidance provided to

 

the police is amended to require the police to provide information to assist with the prosecution of

 

the offences under this Bill or the identification of any aggravating factors.

 

 

Order of the Committee [10 July 2018]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 10

 

July) meet—

 

(a)  

at 2.00 pm on Tuesday 10 July;

 

(b)  

at 11.30 am and 2.00 pm on Thursday 12 July;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:


 
 

Public Bill Committee: 12 July 2018                     

5

 

Voyeurism (Offences) (No. 2) Bill, continued

 
 

      TABLE

 

Date

Time

Witness

 
 

Tuesday 10 July

Until no later

Gina Martin

 
  

than 10.00 am

  
 

Tuesday 10 July

Until no later

The National Police Chiefs’

 
  

than 10.30 am

Council

 
 

Tuesday 10 July

Until no later

Rt Hon Maria Miller MP

 
  

than 2.30 pm

  
 

Tuesday 10 July

Until no later

Brook

 
  

than 3.00 pm

  
 


 

 

Revised 11 July 2018