Thank you for contacting me about hate crime and whether there is a need to make current legislation more effective.
I am proud that this country is built on the historic values of unity, inclusivity, tolerance and mutual respect. Hate crime, in all its forms, goes directly against these values and it is completely unacceptable that anyone in our society should live in fear of intimidation or violence. As such, we must stand up for diversity and face down discrimination wherever we see it.
Since the publication of the Hate Crime Action Plan in 2016 I have been encouraged by the progress that has been made, which has seen an increase in reporting and improvements in identification and recording of crime by the police. However, rates of attrition within the criminal justice system remain worryingly high and targeted online abuse continues to present a significant problem. While in contrast to overall trends, under-reporting still exists within specific groups.
You may be aware of the wide-ranging Law Commission review into hate crime. Work on this is well underway and the review will identify any gaps within the current legislation and determine whether sex or gender should be added to hate crime law.
I would like to be clear that I am committed to upholding free speech and reassure you that legislation is in place to protect this fundamental right. The Law Commission's consultation closed on 24 December 2020 and I am glad those with an interest, including perhaps yourself, had the opportunity to share their views. The Government will of course consider the review's recommendations when they are complete.
I am sure you will agree in the importance of allowing the Law Commission to complete its work in this area. However, it is welcome that the Government has announced that on an experimental basis, police forces will be asked to identify and record any crimes of violence against the person, including stalking, harassment and sexual offences where the victim perceives it to have been motivated by a hostility based on their sex. I understand that Ministers will shortly begin the consultation with the National Police Chiefs’ Council and forces on this with a view to commencing the experimental collection of data from this autumn.
While this is not making misogyny a hate crime, it can inform longer-term decisions once the Government has considered the recommendations made by the Law Commission.
Thank you again for taking the time to contact me.
Sally-Ann Hart MP