Offence of Sex for Rent

Jim Shannon Excerpts

Wednesday 28th November 2018 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to serve under your chairmanship, Mr Pritchard. I thank the hon. Member for Hove (Peter Kyle) for setting the scene, as he often does, on issues of particular importance to the House and to myself. I am pleased to follow the hon. Member for Bath (Wera Hobhouse) and to have heard her contribution.

I look around and see in the Chamber the familiar five Members who attend debates on all these issues, and I see the Minister, who is always there to respond. I have to say that, on the issues we have recently sought his interest in and his support and help for, he has been very responsive. I put that on the record at the start. I also thank the hon. Member for Hove for the hard work he has put into bringing this issue to light and into searching for answers. Perhaps in my contribution I can make some gentle suggestions from a Northern Ireland perspective, based on what we have done in the past, which might be helpful in bringing this forward.

That any person in our free, modern society should think it is okay to ask for sex as a payment of any type is absolutely disgraceful and unacceptable. That should be the starting point of the debate. This subject reminds me of something the BBC would put together: a gritty historical drama set in the Victorian era, in which an enlightened few try to bring about freedom and safety for people of all classes. The problem is that it is not a gritty historical drama but real life in 2018 in the United Kingdom of Great Britain and Northern Ireland.

We have women and men who have nowhere to live and no money to rent and who have escaped the social security system and feel that they have no other option. As the hon. Members for Hove and for Bath said, if we put ourselves in their position and grasp that, we will realise just how far down the level of acceptability they have gone. They are doing something that they do not want to do but that they feel they have no other option but to do. They allow their body to be used so that they have a roof over their head. Sometimes it is as basic and as cold as that.

There are students who cannot afford to do it all and who make the decision to rent a room for free in exchange for sexual favours. I suspect that we all know stories from our constituencies and from further afield—the media is certainly full of them—of the unacceptable price of rental accommodation and of students with vast student loan debts. That puts some students in a position in which they are wondering, “How on earth am I going to afford this?” In desperation, as a last resort, they are driven towards these unacceptable, but for them sometimes very real, situations. The thought of my grandchildren being put into this kind of situation makes me feel physically ill. I find it abhorrent that anyone would put a person, either a young woman or a young man, in this situation. It is unjustifiable and we must address it. That is why I welcome the opportunity today to make a small contribution on this issue.

Technically, it is an offence to do what we are discussing. The previous Lord Chancellor and Secretary of State for Justice told the hon. Member for Hove that

“an offence is committed when a person offers accommodation in return for sex, as they are inciting/causing another person to have sex with them in return for ‘payment’.”

That is technical terminology. It appears to be a reference to the offence of causing or inciting prostitution for gain under section 52 of the Sexual Offences Act 2003. However, that has yet to be tested, which is why I welcome the indication by the hon. Member for Hove of what solutions there could be. There certainly needs to be a prosecution—a test case. If the case is not winnable, let us change the legislation to stop this abhorrent practice once and for all.

So-called landlords feel that this is a grey area in which they can get away with exploiting vulnerable and needy people or young people, depending on their circumstances. We must send out a very clear message from this debate—a cross-party message from the hon. Members who are here to support the debate. How do we do that? That question was addressed first by the hon. Member for Hove and then by the hon. Member for Bath. Now I will pose it to the Minister, but in addition to posing it, I will—very gently and positively, I hope—put forward some suggestions.

[Wera Hobhouse]

Does the hon. Gentleman agree that it is useful when media outlets pick up these issues, because that spreads the message and encourages people to come forward? It helps them to understand that this practice is illegal and that if they go to the police, there can be prosecutions, but people need to come forward.

[Jim Shannon]

I thank the hon. Lady for that intervention. We need co-operation, and we perhaps need someone to take a lead by making a complaint to the police that can then be taken forward. Sometimes police also need help to bring about prosecutions and set the example that the hon. Member for Hove referred to in his introduction.

As I was saying, how do we send a clear message? I look to the Minister and offer my humble opinion that we should strengthen the law so that no one can feel that this is a grey area any more, as the hon. Member for Bath mentioned in her intervention. Let us in this debate, with a statement from the Minister, and more generally from the House, make this a black-and-white issue and keep men and women from being exploited in this way.

In Northern Ireland, we have sought to address issues such as this through the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015. The legislation was brought forward in the Northern Ireland Assembly by my colleague in the other place, Lord Morrow. The Minister will be aware of this as part of the background to the issue, and I hope others are also aware of it, but Northern Ireland became the first part of the United Kingdom to make paying for sex a crime, when the legislation came into effect in June 2015. Anyone caught breaking the law can be jailed for up to a year and face a £1,000 fine. That is the sort of legislation that we need here; it is the sort of legislation that the hon. Members for Bath and for Hove, and indeed every one of us in the debate, would wish to see in place.

Let me give an idea of what can be achieved with such a law. I should say first that allegations may be made, but an evidential base has to be there as well. Figures released by the Public Prosecution Service for Northern Ireland in August 2016 showed that seven people were referred to the PPS: no action was taken in three cases, two men received cautions, and the remaining two cases were being considered by a senior prosecutor. We have had events at the House of Commons and in the House of Lords at which we have made information about that legislation available for Members to look at.

The fact that the Police Service of Northern Ireland used the legislation to arrest men at the outset sent a very strong message that this behaviour and abuse of power is not acceptable and never can be. That message must be sent out UK-wide, and I sincerely but gently encourage the Minister to take steps to do that today: he should make it crystal clear not only that it is not okay to do these things and that advertising them publicly as if it were is not acceptable, but that if a person is found to be exploiting someone for sex in return for a room, that person will be arrested, will be fined and will go to jail. The Minister should give the police something to work with and give vulnerable people something to cling to. They are protected by law and, more than that, they are worth more than just a room for hire.

--- Later in debate ---

[Mr Hurd]

Yes. To be clear, the law applies equally online and offline. I will come on to the particular issue of websites. The hon. Gentleman also makes an important point, which should be part of the conversation with the social media companies, about education and information—not just about the law, but in terms of signposting avenues of support for extremely vulnerable people in this situation. We have to counter any suggestion that it is okay, normal or lawful.

To the hon. Gentleman’s point, which was also made by others, about why there have been no prosecutions even though we are clear about the law—I hope I have clarified the Government’s position on the letter of the law and our expectation that it will be enforced and that every report will be taken seriously—the honest truth is that we do not know how many prosecutions specifically relate to sex for rent. In 2016-17, there were 99 prosecutions for controlling prostitution compared with 100 the previous year, but at this point, our data does not provide the details about how many of those prosecutions relate to sex for rent, as opposed to any other controlling prostitution offence. I suspect that the number is very low.

Informed by this debate, I say to the hon. Gentleman that the policing of the matter is led by police forces, with a certain amount of flexibility as to how they apply the law. Obviously, their prioritisation is set by the local crime plan, which is set by the local police and crime commissioner. However, I undertake to the hon. Gentleman to engage directly with police chiefs and PCCs to get a better understanding of their understanding of the law and their approach to enforcing it. Some areas, such as the city he represents, will obviously have much higher levels of activity and risk than others.

We all understand that we are dealing with a landscape of lots of challenges and pressures on the police and the Crown Prosecution Service, but given the seriousness of the issue and our concerns, I undertake to engage with the police chiefs and PCCs to get their understanding and feedback on their interpretation—or rather the interpretation of the law—the priority they attach to it and some of the challenges they face in enforcing the law. The hon. Gentleman unpicking the underlying psychology and the difficulties that some victims of this crime will have in coming forward and collaborating with and contributing to a prosecution was particularly thoughtful and telling.

[Jim Shannon]

I thank the Minister for what he has said so far and for his positive response to our contributions. I remind him of Lord Morrow’s Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, if he would make this practice illegal on the mainland. We are looking for a way forward, so if he has the opportunity, I suggest that he looks at that Act and what was brought in in Northern Ireland through the Northern Ireland Assembly when the opportunity was there. It would work very well here. There has been cross-party support for it at the events we have held here, so I believe it is something that we could move forward on.

[Mr Hurd]

I understand the hon. Gentleman’s point, but the law is clear. The question mark is around how the law is being enforced and what difficulties or challenges our law enforcement community and the criminal justice system have. That is what I would like to understand better. My undertaking to the hon. Member for Hove is that I will go and ask those questions to get better information.

I would like to pick up the points the hon. Gentleman made about websites, technology and the online community. Obviously, we have to work closely with those digital technology companies, but it fits into a broader context where there has been movement. Whether it be the previous Home Secretary’s activity, which I observed directly, to challenge the social media companies on their hosting of terrorist propaganda, or what the current Home Secretary is doing to challenge the social media companies to take more responsibility for their content in relation to child sexual exploitation and serious violence, I can see that that is an ongoing and escalating conversation and a challenge to those enormously powerful companies. They were reluctant to engage with us at the start, because they are desperate to avoid taking responsibility for the content on their platforms, but gradually, month by month, year by year, we feel that we are beginning to make progress at last.

The hon. Gentleman compared and contrasted a couple of websites. He described the very quick, active and socially responsible response of Gumtree to his campaign and his correspondence, and contrasted that with the response of craigslist. Clearly, he has a prejudice against sandal-wearing, cappuccino-swilling Californians, which I urge him to put aside for a minute. [Laughter.] However, there seems to be an issue with craigslist regarding its willingness to engage on this issue. I can say that officials have been frustrated in that respect as well.

I put this issue in the context of the other issues where we have been persistent in challenging digital technology companies to wake up to their responsibilities. That is what we are talking about here, particularly if it involves them in some way enabling an illegal act. If they are doing that, they need to be challenged. Again, I give an undertaking to the hon. Gentleman that I will personally engage with Craigslist and discuss the matter directly with the Home Secretary, to see what pressure we can apply from the Home Office and the Government to make the leadership of that organisation engage with this issue in ways that up to this point they have absolutely failed to do. I suggest it will cause quite significant reputational damage for them in the future as awareness of this problem grows, both in this place and outside it.