Serious Crime Bill [HL]

Baroness Williams of Trafford Excerpts

Monday 2nd March 2015 Lords Chamber

Moved by

[Baroness Williams of Trafford]

That this House do agree with the Commons in their Amendments 5 and 6.

5: After Clause 70, insert the following new Clause—
“Duty to notify police of female genital mutilation
After section 5A of the Female Genital Mutilation Act 2003 (inserted by section 70 above) insert—
“5B Duty to notify police of female genital mutilation
(1) A person who works in a regulated profession in England and Wales must make a notification under this section (an “FGM notification”) if, in the course of his or her work in the profession, the person discovers that an act of female genital mutilation appears to have been carried out on a girl who is aged under 18.
(2) For the purposes of this section—
(a) a person works in a “regulated profession” if the person is— (i) a healthcare professional,
(ii) a teacher, or
(iii) a social care worker in Wales;
(b) a person “discovers” that an act of female genital mutilation appears to have been carried out on a girl in either of the following two cases.
(3) The first case is where the girl informs the person that an act of female genital mutilation (however described) has been carried out on her.
(4) The second case is where—
(a) the person observes physical signs on the girl appearing to show that an act of female genital mutilation has been carried out on her, and
(b) the person has no reason to believe that the act was, or was part of, a surgical operation within section 1(2)(a) or (b).
(5) An FGM notification—
(a) is to be made to the chief officer of police for the area in which the girl resides;
(b) must identify the girl and explain why the notification is made;
(c) must be made before the end of one month from the time when the person making the notification first discovers that an act of female genital mutilation appears to have been carried out on the girl;
(d) may be made orally or in writing.
(6) The duty of a person working in a particular regulated profession to make an FGM notification does not apply if the person has reason to believe that another person working in that profession has previously made an FGM notification in connection with the same act of female genital mutilation.
For this purpose, all persons falling within subsection (2)(a)(i) are to be treated as working in the same regulated profession.
(7) A disclosure made in an FGM notification does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information.
(8) The Secretary of State may by regulations amend this section for the purpose of adding, removing or otherwise altering the descriptions of persons regarded as working in a “regulated profession” for the purposes of this section.
(9) The power to make regulations under this section— (a) is exercisable by statutory instrument;
(b) includes power to make consequential, transitional, transitory or saving provision.
(10) A statutory instrument containing regulations under this section is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(11) In this section—
“act of female genital mutilation” means an act of a kind mentioned in section 1(1);
“healthcare professional” means a person registered with any of the regulatory bodies mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (bodies within remit of the Professional Standards Authority for Health and Social Care);
“registered”, in relation to a regulatory body, means registered in a register that the body maintains by virtue of any enactment;
“social care worker” means a person registered in a register maintained by the Care Council for Wales under section 56 of the Care Standards Act 2000;
“teacher” means—
(a) in relation to England, a person within section
141A(1) of the Education Act 2002 (persons employed or engaged to carry out teaching work at schools and other institutions in England);
(b) in relation to Wales, a person who falls within a category listed in the table in paragraph 1 of Schedule 2 to the Education (Wales) Act 2014 (anaw
5) (categories of registration for purposes of Part 2 of that Act) or any other person employed or engaged as a teacher at a school (within the meaning of the Education Act 1996) in Wales.
(12) For the purposes of the definition of “healthcare professional”, the following provisions of section 25 of the National Health Service Reform and Health Care Professions Act 2002 are to be ignored—
(a) paragraph (g) of subsection (3); (b) subsection (3A).””

6: After Clause 70, insert the following new Clause—
“Guidance about female genital mutilation
(1) After section 5B of the Female Genital Mutilation Act 2003 (inserted by section (Duty to notify police of female genital mutilation) above) insert—
“5C Guidance
(1) The Secretary of State may issue guidance to whatever persons in England and Wales the Secretary of State considers appropriate about—
(a) the effect of any provision of this Act, or
(b) other matters relating to female genital mutilation.
(2) A person exercising public functions to whom guidance is given under this section must have regard to it in the exercise of those functions.
(3) Nothing in this section permits the Secretary of State to give guidance to any court or tribunal.
(4) Before issuing guidance under this section the Secretary of State must consult—
(a) the Welsh Ministers so far as the guidance is to a body exercising devolved Welsh functions;
(b) any person whom the Secretary of State considers appropriate.
(5) A body is exercising “devolved Welsh functions” if its functions are exercisable only in or as regards Wales and are wholly or mainly functions relating to—
(a) a matter in respect of which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government, or
(b) a matter within the legislative competence of the National Assembly for Wales.
(6) The Secretary of State may from time to time revise any guidance issued under this section.
(7) Subsections (2) and (3) have effect in relation to any revised guidance.
(8) Subsection (4) has effect in relation to any revised guidance unless the Secretary of State considers the proposed revisions of the guidance are insubstantial.
(9) The Secretary of State must publish the current version of any guidance issued under this section.”
(2) Consultation for the purposes of subsection (4) of section 5C of the Female Genital Mutilation Act 2003 (inserted by subsection (1) above) may be, or include, consultation before the coming into force of this section.”

[Baroness Williams of Trafford (Con)]

My Lords, in moving this Motion, I will speak also to Commons Amendments 20, 39 and 49 to 51. Commons Amendment 5 introduces a new mandatory duty for health and social care professionals and teachers in England and Wales to report cases of female genital mutilation to the police. The Government are clear that FGM is an extremely harmful crime. It is child abuse and can cause extreme and lifelong physical and psychological suffering to women and girls. We have taken a number of steps to put a stop to FGM, including a communications campaign to raise awareness of FGM, a suite of resources for front-line professionals and communities, the launch of the Government’s FGM unit and, of course, the various measures to strengthen the law included in the Bill.

Those in safeguarding professions are of course key to helping to achieve this. There is a striking disparity between what we know about the likely prevalence of FGM and the number of cases referred to the police. We believe that introducing a mandatory reporting duty will both ensure that professionals’ responsibilities in this area are clear and also increase referrals to the police.

The consultation on how best to introduce a new mandatory reporting duty closed on 12 January and we published the Government’s response on 12 February. The proposed duty takes into account the feedback we received from a wide range of respondents, including healthcare professionals, education professionals, community groups and members of the public. The duty will apply to all regulated health and social care professionals and teachers in England and Wales in respect of cases of FGM which either are disclosed to them by the victim and/or are visually confirmed. The duty will be limited to victims aged under 18 at the time the case is identified.

We recognise that some individuals working within these professions may be less likely to encounter cases of FGM and visual evidence in particular. We are clear that introducing this duty does not mean that there will be a new requirement for professionals proactively to look for cases or evidence; they will be expected to report only known cases which they encounter in the course of their usual professional duties. Furthermore, the position in terms of suspected or at risk cases will remain the same. We expect professionals to refer such cases appropriately, as set out in the multiagency guidelines on FGM, using the existing safeguarding framework and procedures. Likewise, the introduction of this duty will not mean that non-regulated practitioners no longer have a responsibility to report cases of FGM, known or otherwise. We will ensure that there is appropriate guidance explicitly to capture good safeguarding practice for such practitioners.

Where professionals become aware of cases, the duty will require them to make a report to the police within one month. As we will make clear in the guidance, this is a maximum timeframe. We expect the majority of reports to be made within shorter timescales. The one-month timeframe allows for exceptional cases where, for example, a professional has serious concerns that a report to the police may result in an immediate safeguarding risk to the child and therefore consultation with colleagues or other agencies prior to reporting is essential.

As highlighted by some consultation respondents, cases will have safeguarding and criminal elements, which must be considered in tandem. FGM is a criminal offence and we therefore believe that it is right for reports to be made directly to the police. We recognise that there may be concerns about this approach and that some are of the view that reports should instead be made to social care. However, we are clear that when a report is made, it will not necessarily result in immediate arrests or court action. The police will work with the relevant agencies to determine the most appropriate response.

In preparing to introduce the duty, we will work closely with the police to put in place a clear system that supports an effective multiagency response. In addition, through the new FGM unit, we will work with local communities and professionals to explain the duty and its primary focus on safeguarding girls and women to help manage any anxieties or concerns which could prevent communities from engaging with vital services. Where a professional fails to comply with the duty, this will be dealt with in line with existing disciplinary frameworks, which may include referral to the relevant professional regulator or the Disclosure and Barring Service. This approach will ensure that the sanctions imposed reflect the specifics of the individual case and it takes into account the views of the majority of consultation respondents. We will work closely with the bodies responsible for sanctions to ensure that due regard is given to the seriousness of breaches of the duty.

In addition to the duty, Commons Amendment 6 confers on the Secretary of State a power to issue statutory guidance on FGM and requires relevant individuals to have regard to it. This will take the form of multiagency guidance for front-line professionals, which will help ensure a more effective response to FGM, support improvements to multidisciplinary working, and promote effective implementation of the new mandatory reporting duty. The guidance will sit alongside existing guidance and legislation on safeguarding, which will remain unchanged and which are, of course, critical to preventing FGM. Commons Amendments 20 and 39 provide that the new reporting duty and statutory guidance will apply to England and Wales only.

Noble Lords will recall that on Report in this House the Bill was amended to provide for FGM protection orders for the purposes of protecting a girl against the commission of a genital mutilation offence or protecting a girl against whom such an offence had been committed. Commons Amendments 25 and 26 are essentially consequential to provide for legal aid to be made payable in FGM protection order proceedings.

Amendment 25 amends Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to provide that civil legal aid may be made available for the making, varying, discharging and appealing of FGM protection orders. The civil legal services available will be subject to the exclusions set out in Parts 2 and 3 of Schedule 1 to LASPO. Part 2 of Schedule 1 makes clear that certain types of legal aid services are not available; for example, those relating to a claim in tort in respect of negligence even when they might otherwise fall within the descriptions of legal services under Part 1.

Part 3 of Schedule 1 provides that the civil legal services listed in Part 1 of Schedule 1 do not generally include advocacy, but this is subject to exceptions. Advocacy in the relevant civil courts, including the family court, is already caught by these exceptions. However, Amendment 26 ensures that advocacy in proceedings to vary or discharge FGM protection orders in the Crown Court and the magistrates’ court is also included within the exceptions so that legal aid for advocacy will be available in such cases.

The Government consider that an amendment to the scope of the civil legal aid scheme in England and Wales is appropriate in these circumstances because of the important nature of these anticipated proceedings. Amendment 24, which is also in this group, is a minor drafting amendment. I know this issue was raised by the noble Baroness, Lady Smith of Basildon, at Third Reading so I trust that these amendments will be welcome to the Opposition and indeed to my noble friends.

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[Baroness Williams of Trafford]

The noble Baroness is correct.

[Baroness Smith of Basildon]

So are we discussing those amendments now? Have they been wrongly grouped? Or are the amendment numbers that the noble Baroness has incorrect? Are we, in fact, discussing Amendments 50 and 51 rather than Amendments 24 and 25?

[Baroness Williams of Trafford]

My Lords, I apologise to the House. Let me clarify the fact that we are debating Amendments 50 and 51.

[Lord Patel (CB)]

My Lords, I shall speak to Amendments 5 and 6 in particular. Before I start, let me say that I absolutely agree with the Minister that female genital mutilation—FGM—is a horrible procedure, and it is right to criminalise it, with the severest of penalties for anybody involved. I have seen many adolescent girls and young women whose subsequent health has been affected by female genital mutilation—occasionally resulting in death during childbirth, but much more often in the horrible condition known as obstetric fistula, which I have seen in Africa. I am therefore totally committed to making sure that this horrible procedure is made illegal and removed.

During the passage of the Bill through the Commons, the Government introduced an amendment to make it a duty for regulated healthcare professionals to notify police of female genital mutilation, and the amendment was accepted there. Like the professional organisations—particularly the regulators of the medical profession, the General Medical Council and the British Medical Association, and some of the colleges, particularly the Royal College of Paediatrics and Child Health—I am concerned about that amendment.

Our concern is about the proposed duty to report FGM in all known cases in girls and young women under 18. That duty will be a significant step change in the law. I am not aware of any other circumstances in which healthcare professionals are required to refer patients to the police without any regard to the potential impact on the patient. That is what concerns me—the potential impact on the patients, particularly young girls under 18, including 16 to 18 year-olds.

Doctors are required to make the care of patients their first concern, but of course they have to balance that duty against wider public interest considerations. There are clear circumstances in which they should disclose information to an appropriate agency. For example, it might be necessary to protect a specific person or people, or the public more broadly, from a risk of death or serious harm, or to assist in the investigation or prosecution of a crime. The General Medical Council guidelines in Protecting Children and Young People: The Responsibilities of All Doctors make that absolutely clear.

The proposed duty, however, allows no scope to consider the best interests of the child or young person. In effect, the duty mandates that the wider public interest in investigating whether or not a crime has been committed would always outweigh the girls’ rights and interests, including those of the individual child or young person. It is difficult to see how that satisfies the proportionality argument or requirement of Article 8 of the European Convention on Human Rights. It also means that doctors will sometimes be obliged—I agree, in rare circumstances—to act against what are considered to be the best interests of the patient. That is in conflict with the primary duty of doctors.

The Royal College of Paediatrics and Child Health also found that,

“there is no credible or conclusive evidence that ... mandatory reporting … better protects children at risk of harm, and its introduction would undermine that cultural approach of risk and responsibility sharing that has been developed in the current system. Mandatory reporting still raises more questions than it provides answers”.

In response to the Government’s consultation, the professions argued that any duty to report FGM should include a “reasonable excuse” for not reporting if it would be contrary to the best interests of the child or young person to do so. Further consideration needs to be given to the position of young women between the ages of 16 and 18. There is no clear line between childhood and adulthood. While under-18s have a different status in law, at 16 it is presumed that young people have the ability to make a whole range of decisions, including about their own care. Discussions about the treatment and care of a 17 year-old may be indistinguishable from those relating to an adult. Particular risk may arise in the context of maternity care, and here I have a particular concern. A young woman may not present to healthcare services if she fears it will result in a referral to the police. Young women who have undergone female genital mutilation as children will be at increased risk during maternity care and childbirth. They require particular and extra care during labour. That duty would undermine the provision of care that might be given to them.

There are many positive aspects to the Bill which I absolutely support. It makes a real difference to the lives of children and young women. This particular duty goes counter to that and I wish there was a phrase saying that in some circumstances there might be a need to protect children and young women. If we cannot change this today, I hope that at least there will be a commitment on the Minister’s part to make sure that the guidance will reflect our concern.

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[Baroness Smith of Basildon]

I am not sure that I accept that a family whose daughter had undergone FGM and became seriously ill would not want that to be dealt with. It is quite a big jump to make, to put pressure on a family in that way. The noble Baroness says that they will not, but if that becomes evident, the Government will have to look. As I said, I have slightly conflicted views on this, but the House of Commons, I am sure, had the benefit of the consultation—although that was slightly split. I look forward to the response from the noble Baroness the Minister.

I come back to the point on legal aid. One issue that I raised with the Minister in earlier debates was whether legal aid would be available for FGM orders. At that time, she was unable to confirm that they would. We raised the point that without such legal aid, which is available for forced marriage orders, there would be no FGM orders. The point about prevention, which the noble Baroness made, is that unless you have the orders, there is not going to be prevention of FGM. We have had several conversations; the noble Baroness promised to write to me on several occasions, and I think she was frustrated that no correspondence was forthcoming. I am pleased now that the Government have confirmed that legal aid will be available for FGM orders. So we support the new clause, but I would be grateful if she could address some of the points raised in this debate, because justified concerns have been raised. That does not take away from the fact that the whole purpose of this is to try to prevent FGM from ever occurring and women from suffering such abuse.

[Baroness Williams of Trafford]

My Lords, it is probably best to start with the point that not only is FGM illegal but it has been illegal for 30 years, and that all healthcare professionals—indeed, all professionals —who come into contact with children have a general safeguarding duty to those children. That is the underlying issue within the law, and it has been so, as I said, for three decades. As noble Lords have said, FGM is a terribly complex issue, and there are things beyond the law that we also need to do in terms of changing the culture and the practice of FGM.

I will start with the points made by the noble Lord, Lord Patel. The mandatory duty to report has actually received support from organisations such as the Royal College of Nursing and the Royal College of Midwives, but the noble Lord pointed out the concerns raised by the BMA. It has actually been supportive of the majority of the FGM measures in the Bill but it has highlighted some concerns in respect of the mandatory reporting duty, particularly what it means for victims. The Government appreciate that introducing a mandatory reporting duty will impact on many different sectors, and we recognise that this is very complex. However, we believe that it will be an important step forward in tackling FGM.

FGM is already a hidden crime, and introducing a clear mandatory duty will provide clarity for professionals on their responsibilities to report to the police. It will also lessen the onus on the girls to report FGM by putting responsibility on those whose job it is to safeguard girls who have been victims of what is a crime and what is child abuse. Of course, we recognise that there are existing legal and professional responsibilities in relation to safeguarding, and the new duty will have to be seen in the context of the existing statutory guidance—for example, Working Together to Safeguard Children.

Some concern has been expressed that the duty may act as a barrier to individuals accessing healthcare services. The Government recognise this risk, which is why we are clear that there will be no requirement for professionals to work outside their usual professional duties to actively seek out cases of FGM. We have focused the duty on known cases of FGM rather than suspected ones, and the new FGM unit working with government departments is conducting a programme of outreach with professionals and front-line communities, which will explain how the new duty, in tandem with other government reforms, will work in practice. We are also updating the multiagency guidelines on FGM and putting them on a statutory basis to support effective implementation of the duty.

There were also concerns about cases being referred to the police and the fear that this may act as a further deterrent to individuals accessing services. The Government have carefully considered the options for when referrals should be made, and we recognise that cases have both a criminal and a safeguarding element. FGM is a criminal offence and we therefore believe that the most appropriate reporting route is via the police. However, I reassure noble Lords that a report to the police will not necessarily immediately trigger a criminal investigation: when a report is made, the police will work with the relevant agencies to determine the most appropriate course of action. In preparing to introduce the duty, we will work closely with the police to ensure that a clear reporting system is in place prior to its introduction. In addition, we will have ensured that there is a reasonable timeframe within which professionals are required to make the report to the police, to allow time for consultation with other agencies in sensitive or complex cases.

Finally, I confirm that the Government will ensure that there is adequate time for consultation with stakeholders prior to the introduction of statutory guidance.

I again apologise to the House for the confusion about the provisions relating to legal aid. The relevant amendments in this group are indeed Commons Amendments 50 and 51. I think the noble Baroness, Lady Smith, asked what legal aid will be available for orders made in criminal proceedings. The Commons amendments make civil legal aid available for victims and third parties who may wish to apply, vary or discharge an FGM protection order.

[Baroness Smith of Basildon]

The noble Baroness is aware that the orders are not based on criminal proceedings; they are civil orders. The confusion was caused because the Government have placed a civil provision within the criminal law, whereas our proposal was for a civil provision, wholly within civil law. I think that is what, partly, created the confusion around legal aid. It is purely a civil matter, although it sits within criminal legislation.

[Baroness Williams of Trafford]

I thank the noble Baroness for clarifying that. I think I referred to this in my introduction, but the Government have made some quite tough choices in deciding which matters would remain in scope of legal aid. The ministry took account of the importance of the issues at stake, the individual’s ability to present their own case and the availability of alternative sources of funding. Legal aid continues to be available in the most serious of cases, for example where people’s life or liberty is at stake or where their children may be taken into care. Legal aid is available where not providing it would be likely to result in a breach of the individual’s rights under the European Convention on Human Rights or European law. I confirmed in my remarks at the beginning that civil legal aid will be provided.

My noble friend Lady Walmsley asked about the progress of the consultation on whether to introduce a more general duty to report suspected abuse of children and vulnerable adults. As my noble friend will know, following the earlier debates on the Bill in the House the Government committed to undertake such a consultation, and the outcome of that consultation will be reported on within 18 months of Royal Assent.

My noble friend also asked about sanctions for failing to report cases of FGM. The proposal will use existing disciplinary frameworks to consider sanctions. Given that in health these may include General Medical Council and Nursing and Midwifery Council fitness to practise proceedings, there can be a wide variety of recommendations made as to suitable action, which may include retraining, supervision or other measures.

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[Lord Patel]

I am sorry to interrupt the Minister. She repeated that it has been a criminal offence for 30 years and I absolutely agree. However, what has been a criminal offence for 30 years is to perform female genital mutilation, and we have failed to prosecute anybody for doing so. This might be a means to provide encouragement when a prosecution does come along, but we have to be aware, as my noble friend Lady Howe said, that there are serious things that may happen because of the amendment. If this amendment had already been in the Bill, we would have explored it in Committee in great depth. I am encouraged that the Minister says the guidance in the consultation will be wider. I hope that in the formulation of the consultation document, the noble Baroness and Ministers will also consult the professionals and teachers. It is not only the British Medical Association that did not like this amendment; it is also the General Medical Council, which is the regulator. If I do not report a case, I am breaking the law after this legislation, the General Medical Council will be obliged to investigate me and it might be to the point that it removes my licence to practise—I am temporarily still licensed to practise though maybe not for long. Therefore, it is a serious amendment to address.

[Baroness Williams of Trafford]

I thank the noble Lord and pay tribute to his years and years of experience, of which I have none. I take his point that although it has been a criminal offence for 30 years, there have not been any prosecutions brought. This legislation has not come without extensive consultation with a variety of different stakeholders or without raising awareness within the population as a whole—that is why the Girl Summit sought to raise awareness. The noble Lord is absolutely right: it will not be done by legislation alone.

The consultation will involve a wide range of stakeholders. What we had before was certainly not perfect or else we would not be revisiting it 30 years later. We can only hope that, by raising awareness, trying to change culture and putting in place the various measures that we have, we will actually get to a better place for these girls in the future. We are going to watch progress as time goes on.

I will just mention to the noble Lord, Lord Patel, that we received 150 responses from a wide range of different areas when the consultation closed on 12 January and we have had various workshops with healthcare professionals. I hope that gives him some comfort regarding the Government’s intention.

[Baroness Finlay of Llandaff (CB)]

Before the noble Baroness sits down—I was waiting in case she covered an area which I think may be important—can she confirm to the House that the guidance about the investigation of a reported case will include the ability to see whether it may be an index case in an area where FGM is being promoted, so that the prevention aspect of discovering one case can be built in and built on so that the community at risk is actively targeted with education and support to try to ensure that the girls at risk who are not yet subject to FGM are more adequately protected?

[Baroness Williams of Trafford]

My Lords, I do not know the ins and outs of particular cases, but I see where the noble Baroness is coming from, which is that there may be learning about raising awareness in the communities involved. She certainly has a point, but perhaps I could write to her in due course.

Motion agreed.

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Moved by

[Baroness Williams of Trafford]

That this House do agree with the Commons in their Amendment 12.

12: After Clause 73, insert the following new Clause—
“Termination of pregnancy on grounds of sex of foetus
(1) The Secretary of State shall arrange for an assessment to be made of the evidence of termination of pregnancy on the grounds of the sex of the foetus in England, Wales and Scotland.
(2) The arrangements made under subsection (1) shall be such as to enable publication of the assessment by the Secretary of State within 6 months of the date of Royal Assent to this Act.
(3) The Secretary of State shall consider the assessment made under subsection
(1) and—
(a) determine and publish a strategic plan to tackle substantiated concerns identified in the assessment made under subsection (1); or
(b) publish a statement and explanation in relation to why a plan under subsection (3)(a) is not required.
(4) Any strategic plan under subsection (3)(a) must include, but need not be limited to, steps—
(a) to promote change in the social and cultural patterns of behaviour with a view to eradicating prejudices, customs, traditions and all other practices which are based on the idea of the inferiority of women and which may amount to pressure to seek a termination on the grounds of the sex of the foetus;
(b) to ensure best practice exists in identifying women being coerced or pressured into seeking a termination on the grounds of the sex of the foetus, or at risk of being so, and in the provision of protection and support to potential victims; and
(c) to promote guidance to service providers, health professionals and other stakeholders.
(5) The Secretary of State must lay a copy of the plan, determined under subsection (3)(a), before each House of Parliament within 6 months of the publication date of the assessment under subsection (2).”

[Baroness Williams of Trafford]

My Lords, noble Lords will be pleased to hear that I have only one amendment to deal with here—I hope I can get it right—which is Commons Amendment 12. Unlike the other Commons amendments we are considering today, Amendment 12 was tabled by a Back-Bench MP, Ann Coffey. It was agreed by the Commons on a free vote by 491 votes to just two. As in the Commons, the Government are not taking a view either for or against Amendment 12, and there will again be a free vote in this House should it go to a Division. That said, it might assist noble Lords if I provide the House with some background.

The Government have been consistently clear that abortion on the grounds of gender alone is already illegal. The Department of Health repeated that in guidance issued in May 2014, and it is important to stress that all independent sector providers have agreed to comply with, and operate on the basis of, the department’s guidance—and that they must do so as part of their licensing conditions.

The department has also undertaken detailed analysis to investigate whether the gender birth ratio in the UK varies by the mother’s country of birth beyond the range that might be expected to occur naturally. The analysis, first published in May 2013 and updated in 2014, concluded that, when broken down by the mother’s country of birth, no group was statistically different from the range we would expect to see naturally occurring. The Department of Health has rightly committed to repeat that analysis annually when new birth data become available. However, I stress that the Government will remain vigilant, will continue to monitor data and will be fully open to any other evidence that comes to light. Anecdotal reports of sex-selective abortion have been raised from time to time. Anyone with evidence of individual cases should report this to the police to investigate.

It is against that background that Commons Amendment 12 would require a further assessment of the evidence that terminations are taking place on the ground of the sex of the foetus alone. In addition to the analysis that the Department of Health is undertaking on an annual basis in this area, any other evidence that comes to light could be considered. The Department of Health is already considering what further sources of evidence can contribute to our knowledge on this important issue. The amendment would further require the Secretary of State for Health to consider the assessment and either to determine and publish a strategic plan to tackle substantiated concerns identified in the assessment, or to give a statement and explanation as to why such a plan is not required.

As I have said, it is for the House to decide whether to agree Commons Amendment 12. In considering the matter, noble Lords may wish to take account of the short debate in the House of Commons and the outcome of the Division in that House, as well as the views of noble Lords as expressed in this debate today.

Motion agreed.