Has Chris Grayling actually read the law on household defence?

The law already provides a robust defence of those who used what they considered to be"reasonable force".

Confirming his status as the darling of the Tory right, Chris Grayling will announce in his speech to the Conservative conference today that the law will be changed to allow householders to use "disproportionate force" against burglars. The recently appointed Justice Secretary will say:

Being confronted by an intruder in your own home is terrifying, and the public should be in no doubt that the law is on their side. That is why I am strengthening the current law.

Householders who act instinctively and honestly in self-defence are victims of crime and and should be treated that way. We need to dispel doubts in this area once and for all, and I am very pleased to be today delivering on the pledge that we made in opposition.

But populism aside, it's hard to see why Grayling believes that a change in the law is either necessary or desirable. The current law, which allows householders to use "reasonable force", supports them provided that:

- they acted instinctively;
- they feared for their safety or that of others, and acted based on their perception of the threat (emphasis mine) faced and the scale of that threat;
- they acted to effect a lawful arrest or to prevent the escape of a person lawfully detained; and
- the level of force used was not excessive or disproportionate in the circumstances as they viewed them (emphasis mine).

Section 76.7 of the Criminal Justice and Immigration Act 2008 requires the court to take into account that "a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action", and that "evidence of a person's having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose".

In other words, the law not only defends householders' right to use "reasonable force" but their right to use what they perceived to be "reasonable force" at the time. A Conservative source tells the Guardian: "This is not about letting people go on the rampage. There is a difference between grabbing a bedside lamp and whacking an intruder because you are worried about the children and hitting someone and then stabbing them 17 times". Yet the law, as it stands, already makes this distinction.

Indeed, as Keir Starmer, the Director of Public Prosecutions, has previously noted: "There are many cases, some involving death, where no prosecutions are brought. We would only ever bring a prosecution where we thought that the degree of force was unreasonable in such a way that the jury would realistically convict. So these are very rare cases and history tells us that the current test works very well."

Since, under Grayling's proposals, "grossly disproportionate" force will still be outlawed, it is unclear what will actually change. The danger is that his rhetoric will lead householders to falsely believe that they have an unqualified right to kill or maim a burglar and, ironically, increase the risk of prosecutions.

Grayling is right when he argues that "the public should be in no doubt that the law is on their side" - it already is. And the suggestion that is is not, will only spread dangerous and unnecessary confusion.

Justice Secretary Chris Grayling said "the public should be in no doubt that the law is on their side". Photograph: Getty Images.

George Eaton is political editor of the New Statesman.

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Gender pay gap: women do not choose to be paid less than men

Care work isn’t going anywhere – and it’s about time we recognised which half of the population is doing it, unpaid.

Is it just me, or does Mansplain The Pay Gap Day get earlier every year? It’s not even November and already men up and down the land are hard at work responding to the latest so-called “research” suggesting that women suffer discrimination when it comes to promotions and pay. 

Poor men. It must be a thankless task, having to do this year in, year out, while women continue to feel hard done to on the basis of entirely misleading statistics. Yes, women may earn an average of 18 per cent less than men. Yes, male managers may be 40 per cent more likely than female managers to be promoted. Yes, the difference in earnings between men and women may balloon once children are born. But let’s be honest, this isn’t about discrimination. It’s all about choice.

Listen, for instance, to Mark Littlewood, director general of the Institute of Economic Affairs:

“When people make the decision to go part time, either for familial reasons or to gain a better work-life balance, this can impact further career opportunities but it is a choice made by the individual - men and women alike.”

Women can hardly expect to be earning the same as men if we’re not putting in the same number of hours, can we? As Tory MP Philip Davies has said: “feminist zealots really do want women to have their cake and eat it.” Since we’re far more likely than men to work part-time and/or to take time off to care for others, it makes perfect sense for us to be earning less.

After all, it’s not as though the decisions we make are influenced by anything other than innate individual preferences, arising from deep within our pink, fluffy brains. And it’s not as though the tasks we are doing outside of the traditional workplace have any broader social, cultural or economic value whatsoever.

To listen to the likes of Littlewood and Davies, you’d think that the feminist argument regarding equal pay started and ended with “horrible men are paying us less to do the same jobs because they’re mean”. I mean, I think it’s clear that many of them are doing exactly that, but as others have been saying, repeatedly, it’s a bit more complicated than that. The thing our poor mansplainers tend to miss is that there is a problem in how we are defining work that is economically valuable in the first place. Women will never gain equal pay as long as value is ascribed in accordance with a view of the world which sees men as the default humans.

As Katrine Marçal puts it in Who Cooked Adam Smith’s Dinner?, “in the same way that there is a ‘second sex’, there is a ‘second economy’”:

“The work that is traditionally carried out by men is what counts. It defines the economic world view. Women’s work is ‘the other’. Everything that he doesn’t do but that he is dependent on so he can do what he does.”

By which Marçal means cooking, cleaning, nursing, caring – the domestic tasks which used to be referred to as “housework” before we decided that was sexist. Terms such as “housework” belong to an era when women were forced to do all the domestic tasks by evil men who told them it was their principal role in life. It’s not like that now, at least not as far as our mansplaining economists are concerned. Nowadays when women do all the domestic tasks it’s because they’ve chosen “to gain a better work-life balance.” Honestly. We can’t get enough of those unpaid hours spent in immaculate homes with smiling, clean, obedient children and healthy, Werther’s Original-style elderly relatives. It’s not as though we’re up to our elbows in the same old shit as before. Thanks to the great gods Empowerment and Choice, those turds have been polished out of existence. And it’s not as though reproductive coercion, male violence, class, geographic location, social conditioning or cultural pressures continue to influence our empowered choices in any way whatsoever. We make all our decisions in a vacuum (a Dyson, naturally).

Sadly, I think this is what many men genuinely believe. It’s what they must tell themselves, after all, in order to avoid feeling horribly ashamed at the way in which half the world’s population continues to exploit the bodies and labour of the other half. The gender pay gap is seen as something which has evolved naturally because – as Marçal writes – “the job market is still largely defined by the idea that humans are bodiless, sexless, profit-seeking individuals without family or context”. If women “choose” to behave as though this is not the case, well, that’s their look-out (that the economy as a whole benefits from such behaviour since it means workers/consumers continue to be born and kept alive is just a happy coincidence).

I am not for one moment suggesting that women should therefore be “liberated” to make the same choices as men do. Rather, men should face the same restrictions and be expected to meet the same obligations as women. Care work isn’t going anywhere. There will always be people who are too young, too old or too sick to take care of themselves. Rebranding  this work the “life” side of the great “work-life balance” isn’t fooling anyone.

So I’m sorry, men. Your valiant efforts in mansplaining the gender pay gap have been noted. What a tough job it must be. But next time, why not change a few nappies, wash a few dishes and mop up a few pools of vomit instead? Go on, live a little. You’ve earned it. 

Glosswitch is a feminist mother of three who works in publishing.