Anti-social Behaviour, Crime and Policing Bill

Ann Coffey Excerpts

Monday 14th October 2013 Commons Chamber

[Damian Green]

The Government proposals are in my name and that of my right hon. Friend the Home Secretary. New clauses 14 and 15, and new schedule 1, will simplify and strengthen the existing civil order regime under the Sexual Offences Act 2003. The inspiration for the reforms is the Childhood Lost campaign of my hon. Friend the Member for Oxford West and Abingdon (Nicola Blackwood), who has attracted more than 100,000 signatures to her online petition and the support of 67 right hon. and hon. Members on both sides of the House, who have added their names to my hon. Friend’s new clause 5. I pay tribute to her and those on both sides of the House who have campaigned so effectively on this important issue.

The Government essentially agree with the campaign and we are determined to do everything we can to protect the public from predatory sexual offenders. The UK has some of the toughest powers in the world to manage the risks posed by sex offenders, but in recognition of the important points highlighted by my hon. Friend’s campaign we are bringing forward amendments to the Sexual Offences Act 2003 to make our powers even more effective.

[Ann Coffey (Stockport) (Lab)]

I seek clarification from the Minister. The risk of sexual harm orders, which the new sexual risk orders would replace, can be given only to offenders aged 18 and over. Will the new sexual harm prevention orders also only apply to offenders over 18? If they will apply to offenders under 18, what consideration has he given to introducing accompanying rehabilitative provisions for child sex offenders?

[Damian Green]

If I may, I will first pay tribute to the hon. Lady, who has campaigned on these issues for a long time and deserves much of the credit for raising public awareness. If I may, I will come to the details of the offences shortly.

New clauses 14 and 15, and new schedule 1, will repeal the sexual offences prevention order, foreign travel order and risk of sexual harm order in England and Wales, and replace them with two new orders: the sexual harm prevention order and the sexual risk order. I welcome the engagement of hon. Members on this issue and I hope that my hon. Friend the Member for Oxford West and Abingdon will be pleased to note that we have sought to include her points as far as possible in the Government amendments. Indeed, following consultation with front-line professionals, including the police, the courts, the National Offender Management Service and the National Crime Agency, in a number of respects the Government amendments go further than her new clause 5.

The sexual harm prevention order will be available for those with convictions for sexual or violent offences. It may be made by a court on conviction, or by the magistrates court on application by the police or the National Crime Agency. A court may impose an order for the purposes of protecting the public in the UK and/or children or vulnerable adults abroad from sexual harm.

The sexual harm prevention order may prohibit the person from doing anything described in it, including preventing travel overseas. Any prohibition must be necessary for protecting the public in the UK from sexual harm or, in relation to foreign travel, protecting children or vulnerable adults from sexual harm. It lasts a minimum of five years and has no maximum duration, with the exception of any foreign travel restrictions which, if applicable, lasts for a maximum of five years but can be renewed.

The second new civil order is the sexual risk order, which will be available for those who have not been convicted of an offence but who none the less pose a risk of sexual harm to the public. It may be made by the magistrates court on application by the police or the new National Crime Agency where an individual has done an act of a sexual nature and poses a risk of harm to the public in the UK or adults or vulnerable children overseas.

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The third priority is the criminal justice response. The House has discussed before the necessity for witnesses not to be intimidated out of giving necessary evidence by the traditional court procedures. Before the end of the year, we will pilot the use of pre-recorded video evidence by vulnerable witnesses in three centres, so that the full panoply of the court, which often puts witnesses off and intimidates them, is not there. We will be piloting that shortly to ensure that the appropriate safeguards are in place for the defendant.

[Ann Coffey]

On the support that is available in court for vulnerable witnesses, does the Minister agree that it is not acceptable that registered intermediaries are appointed in so few cases? If we are to support vulnerable witnesses, particularly child witnesses, we must make it a matter of course that registered intermediaries are appointed at the earliest possible stage, even before the first police interview.

[Damian Green]

Appointing registered intermediaries before the first police interview may be difficult in practical terms, but I accept the hon. Lady’s general point that we need better support mechanisms for vulnerable witnesses. Some of those mechanisms will involve institutional change, as I have said, but the provision of intermediaries may also be required.

The fourth priority of the group is online protection and, in particular, attacking the use of vile child abuse images online. There is therefore a lot of work to do beyond this legislation.

I will respond to some of the individual points that have been raised. The right hon. Member for Oxford East (Mr Smith) asked about close reporting on the monitoring and extent of the powers. Various other Members talked about the necessity for guidance. The Government amendments require statutory guidance to be issued. We will work closely with the police, the NCA and others in considering the best way to apply the new orders.

We have had a vigorous debate about the use of the criminal standard of proof. If I may try to reconcile what has been the only scratchy part of this debate, there is a balance to be struck. We could apply the civil standard to the new order, but one consequence would be that a breach of the order would not be a criminal offence punishable by up to five years in prison. I hope that those who are doubtful about the level of proof will accept that what we are proposing strikes the right balance, given the risk of harm to children and vulnerable adults. As my hon. Friend the Member for Oxford West and Abingdon explained, it is not the criminal standard of proof that led to the disappointing use of the original three orders in the Sexual Offences Act 2003.

The hon. Member for Kingston upon Hull North asked about legislation on the grooming of children on the internet. The orders that we are discussing may be used to restrict internet use, so they will hopefully have a direct effect on that type of criminal behaviour. However, it is worth repeating that the principle that what is criminal offline is criminal online always applies. There is no separate law that applies to the online world. If something is a crime in the real world, it is a crime in the online world. As I have said, cybercrime is one of the four immediate priorities of the national group.

I was asked about the appeal mechanism. An individual who is the subject of either kind of order will be able to appeal against the making of that order under the proposed new sections of the Sexual Offences Act 2003. In addition, after an order is made, there is the right to apply for it to be varied or discharged. I hope that the appropriate safeguards are in place for people to make appeals.