Criminal Justice Bill

Carolyn Harris Excerpts

Report stage
Wednesday 15th May 2024 Commons Chamber

It is imperative that all people, regardless of their disability status, their sexual orientation or their gender identity, feel secure and protected from fear and violence. I can see no justification in law for treating those protected characteristics differently. By treating them all as an aggravating factor, we can ensure equitable treatment under the law for those who are victims. I hope that the Government will either support new clause 32 to advance this critical objective or be willing to table their own amendment in the Lords in lieu of mine.

[Carolyn Harris (Swansea East) (Lab)]

Hon. Members may be shocked to learn that some forms of pimping are still legal in this country. One of the most significant examples is pimping websites, which are dedicated to advertising people for prostitution. They function like online brothels, making it as easy to order a woman to sexually exploit as it is to order a takeaway.

Despite it being an offence to place a prostitution advert on land, for example in a phone box, our laws have failed to keep up with technology, meaning that those same adverts can be placed legally, for a fee, on pimping websites. That represents a win for the website owners, some of whom are generating millions of pounds in profit every year, and for sex traffickers, who can easily and quickly advertise people for prostitution and connect with a wide customer base across the UK, but certainly not for the victims—the people who have been advertised and sold for sex and who have no legal protection from their perpetrators.

As a member of the Home Affairs Committee, I have heard harrowing evidence on the dangers of these sites. Shockingly, one pimping website admitted to the Committee that it allows single individuals to advertise multiple women for prostitution at the same time on its site, as well as allowing the same contact number to be used across multiple different adverts. Those are both red flags for sex trafficking. The Committee also heard of a trafficking gang that spent £25,000 advertising a group of young Romanian women. Rather than alerting the authorities, the website owners allocated them an account manager to help them to spend more money, showing a total disregard for the women’s welfare. It is quite clear that these pimping websites are now a key component of the business model for sex trafficking, and they must be stopped.

The provisions in the Online Safety Act 2023 do not close the legislative gap that allows online pimping. That is why the Home Affairs Committee recommended a new offence of enabling or profiting from the prostitution of others, which I have tabled as new clause 8. New clause 8 would make it illegal to advertise another person for prostitution, regardless of whether it takes place online or offline.

I am delighted to have cross-party support for the new clause, including from the Chair of the Select Committee, my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson); the co-chair of the all-party parliamentary group on commercial sexual exploitation, the hon. Member for Inverclyde (Ronnie Cowan); the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith); and my hon. Friend the Member for Rotherham (Sarah Champion). It is an absolute scandal that pimping websites are allowed to operate in plain sight. I urge the Government to support my new clause.

New clause 29 is also designed to combat human trafficking. The definition of “human trafficking” in the Modern Slavery Act 2015 is out of line with the internationally agreed definition, and traffickers are benefiting from that. The United Nations protocol on trafficking, the Palermo protocol, does not require victims to have been physically transported from one place to another for an activity to be recognised as trafficking, but our Modern Slavery Act does. Essentially, that means that an exploiter who forces a woman into prostitution, advertises her on a pimping website, controls how many men she has to have sex with each day, and takes her money from her could get a substantially lower penalty simply by virtue of not physically having transported her.

The maximum penalty for controlling prostitution for gain is seven years’ imprisonment. For trafficking, it is life. It is vital that we send a message to all traffickers that there are no get-out clauses for that offence, and that we say: “If you trade in human beings, if you profit from women being raped and abused, the absence of a car journey or a flight should not exempt you from punishment.” New clause 29 would bring the UK definition of human trafficking in line with international standards and remove the opportunity for perpetrators of such crime to play the system. That, too, was a recommendation of the Home Affairs Committee.

Again, I urge the Government to support the new clauses.

[Sir Paul Beresford (Mole Valley) (Con)]

I restrict my interest today to new clause 55, which I tabled. It would set up the offence of child criminal exploitation—in other words, it is Fagin’s law. The essence of the name Fagin explains the new clause. In simple terms, if an individual—whether an adult or a child—approached a child with the intention of persuading that child to engage in criminal activity, that in itself would be a crime. That would apply whether or not the child ultimately engaged in the criminal act.

I am delighted to see the Minister for Crime, Policing and Fire on the Front Bench, because I blame him for my dealing with this. We discussed it in a meeting, and I put it to him that we really ought to adapt the grooming legislation or bring forward new legislation to deal with the criminal exploitation of children. Like a normal Minister, he said, “Can you go away and sort it out, and come up with something for me?”, which I have done. He might now refuse it this evening, but I hope that he does not, because I will keep on coming back.

The most obvious crimes to target are county lines, organised shoplifting, independent shoplifting, pickpocketing, carrying goods from pickpocketing, carrying weapons or the proceeds of crime on behalf of another—usually an adult who has groomed the child—prostitution and sex activities, of which there has been quite some mention, as there always is, and, finally and horrifically, the grooming of a child for terrorist purposes. They wrap the child in a bomb, send them off to wherever they need to go, and press the button—absolutely horrific.

I have had considerable discussions with a few very senior, very knowledgeable police officers. They are—unlike what the Minister may feel—very enthusiastic about this tiny bit of legislation going through. One of the senior officers, who targets county lines, explained to me that they rely mostly on trying to fit the Modern Slavery Act to that particular problem, but it is a poor fit.

It has been pointed out to me that this approach has already been covered in section 44 of the Serious Crime Act 2007. In answer to a recent parliamentary question of mine, I was informed that section 44 was used 93 times in 2021-22 and 60 times in 2022-23, which is pathetic. Those figures are further diminished when we look at them a little more closely: they relate to the number of offences, not to the number of individual defendants, and I am not sure whether some or any of them involve a child.

A second, even more senior, police officer who I have worked with has a special interest in child protection—that is his job. He has made it clear that he is enthusiastic about this move, and I am sure he will thank the Policing Minister if we nod it through today. He has made the point to me that while there are provisions in the Serious Crime Act—which I have just mentioned—as well as in the Modern Slavery Act 2015, the Misuse of Drugs Act 1971 and other Acts that the police can try to make fit, they are a poor fit. It does not work, because that legislation is not specific to children.

In essence, senior police officers point out to me that those pieces of legislation are rarely used to stop child criminalisation. They also make the point that if the legislation were adapted ever so slightly to refer to a child, that would make a difference. Any Members present who are parents or have had care of children will know that children—not all of them, but most of them—are persuadable.

One of my villages, Bookham, has a petrol station on the A246 with a shop attached to it. That shop is big, well known and open 24 hours. Late one evening, the single man who was in there looking after the customers noticed that there was a single person in the shop, an eight-year-old child in a dressing gown. She was helping herself, and was obviously going to zip out the door with what she had pilfered. When he approached her, she said, “If you come any closer, I’ll open my dressing gown, and I’ve got nothing on underneath.” She would not have thought of that. She could not have thought of it—she was only eight. She was quite clearly doing that for somebody else, who was probably sitting outside with a camera. That is the sort of thing that we should be stopping. Of course, I am going to find out in due course whether I am persuading the Minister.

As I have said, the opinion of that child protection officer is that the legislation we have does not fit. He and many other senior police officers working in this area want further legislation to specifically equate grooming through criminal exploitation with what is contained in the Sexual Offences Act 2003, targeted at child protection. All the officers who have an interest in the protection of children with whom I have discussed this matter have pointed out that the key difference between my new clause 55 and section 44 of the Serious Crime Act is that my new clause is specifically targeted at the child. From my discussions with police officers, I have been impressed by the deterrent effect on criminals who may be prosecuted for a child offence. That, I understand, tends to make life in jail even more difficult than it might otherwise be.

As a number of senior lawyers—including Members of this House—have pointed out to me, there is overlap and duplication within British law. I am no lawyer, but many lawyers have said that to me. If my new clause 55 became law, the tariff applied to the crime would be that which would apply to the crime that the culprit was attempting to persuade the child to commit. If it was murder, the tariff would be life; if it was just pilfering from a shop, it would be very much less. As many Members will be aware, for many years, I have been pushing for improvement in legislation for the protection of children. I have also worked—particularly as a councillor—in the inner cities, so I know they are vulnerable. If my new clause is accepted, it would make a huge change to the protection of children against a life of crime.