Offence of Sex for Rent

Nick Hurd Excerpts

Wednesday 28th November 2018 Westminster Hall

[The Minister for Policing and the Fire Service (Mr Nick Hurd)]

It is a pleasure to serve under your chairmanship, Mr Pritchard, for what I am sure is the first time. You and I came into this place on the same day, and it is a great pleasure to see you in the Chair.

I hesitate to curtail a promising political career by describing the hon. Member for Hove (Peter Kyle) as a friend, but he and I go back a long way in his previous life. We have worked together extremely well over many years, and I have a great deal of respect for him personally and for how he, as others have said, has tirelessly led this campaign and shone a spotlight on something that is genuinely shocking. I thank all Members who have placed on the record some of the language used in some of these advertisements. It is striking how brazen it is. That is a real concern, because it is a sign of perceived normality, which is something we have to reject and counter vigorously, as the hon. Member for Strangford (Jim Shannon) said so powerfully, because of the cost and the damage that flow from it.

The hon. Member for Hove highlighted that sex for rent is part of a broader challenge for us as a society, which is that the internet in particular is enabling a whole set of activities that exploit the vulnerable in ways that are moving extremely fast and that are difficult to control. Anyone who visits the team working against child sexual exploitation inside the National Crime Agency will understand how fast the landscape is changing and the degree to which the internet enables the most pernicious activity and makes it extremely hard to detect and follow the villains.

I have learned a lot in the debate and I share the concern expressed by hon. Members. On the point made by the hon. Member for Bath (Wera Hobhouse), I would welcome further scrutiny by Parliament and by the media. As we know, those mechanisms help to focus minds, sharpen priorities and catalyse action. One thing we cannot do is let this become normal. In London, we are having to counter the profound challenge of the sense of normality around young people carrying knives, which is in a broadly similar space. We cannot let young people grow up feeling that this is normal behaviour, not least because it is against the law.

Let me place on record the Government’s specific position on the offence, rather than relying on ministerial correspondence. Offering accommodation in return for sex is illegal and those who do it can face up to seven years in prison. As the hon. Member for Hove said, in 2017 the previous Secretary of State for Justice confirmed that the practice is illegal by virtue of the Sexual Offences Act 2003. Under sections 52 to 54 of the Act, an offence is committed when a person offers accommodation in return for sex, as they are inciting another person to have sex with them in return for payment. Section 52 prohibits causing or inciting prostitution for gain, and section 53 prohibits controlling prostitution for gain. I should make it clear that we expect every report of this offence to be taken seriously.

It is also important to note that the acts of buying and selling sex are not in themselves illegal in England and Wales. However, there are many activities that can be associated with prostitution which are offences, including activities linked to exploitation.

[Peter Kyle]

The Minister suggests that any reported offences will be investigated and pursued, but does he accept that one problem is that many people entering into those relationships do not realise the exploitation that they are undergoing or where the law stands, and when they are made aware of it, they are reluctant to come forward because it would mean identifying themselves as a prostitute? Does he accept that we need to tackle the adverts and the people placing them? An offence is committed the second they place them, because that is incitement.

[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.

[Peter Kyle]

I thank the Minister sincerely for the way that he has responded, particularly on Craigslist, but what will he do if the leadership of Craigslist do not engage with him? He says that he will engage with them, but the problem so far is that they will not engage back. When I explain this issue, a lot of people simply cannot understand why we can deal straight away with a brothel or criminal activity on their streets—we can close down buildings and we can move people on—but when such activity takes place online, we seem powerless. That is eroding faith in politics and faith in the ability of the Home Office and our Government to get a grip on a problem.

[Mr Hurd]

I accept the challenge. As a Government we are very clear that more needs to be done to tackle online harms. Following the consultation on our internet safety strategy Green Paper, we are committed to introducing further online safety legislation. A joint White Paper on online harms will be published this winter by the Home Office and the Department for Digital, Culture, Media and Sport, setting out a range of legislative and non-legislative measures to tackle online harms and setting clear responsibilities for technology companies to keep UK citizens safe.

We are considering the full range of possible solutions and the White Paper will address a wide range of harms, including those that are illegal as well as those that are harmful but not necessarily illegal, and we will develop an approach proportionate to the risks and harms involved. Meanwhile, as I have said, we will continue working to ensure that technology companies meet their responsibilities. We expect all platforms, including Craigslist, to have robust policies to remove any adverts promoting exploitation. In general, our approach is to convene, challenge, persuade, and then gradually to lift the big stick of regulation, as far as we can and where that is appropriate. We cannot afford to be complacent. I will engage with the senior leadership of Craigslist on behalf of Her Majesty’s Government and I will expect a response from them. If there is scrutiny from parliamentary Committees, I will expect similar respect to be shown to British parliamentarians, representing as we do British citizens, who are not least the company’s customers.

As the hon. the Member for Hove and other speakers said, although we are talking about the law and enforcement of the law, surely the key to this issue is, as always, prevention and tackling the root causes. The problem is clearly underpinned by the strata of very complicated big issues, such as financial resilience, including that of young people, income and wages, but also—critically—access to affordable housing.

This is not a housing debate but there is a huge amount of activity across Government to increase the supply of affordable housing. We have increased the size of the affordable homes programme, reintroduced social rent and lifted the housing revenue account borrowing cap for local authorities, and we are setting a long-term rent deal for councils and housing associations in England from 2020. We are also very clear that housing associations and local authorities now need to accelerate delivery and build more affordable homes. We know that takes a bit of time, which is why we are committed to making housing for rent more affordable now, including banning lettings fees paid by tenants and capping tenancy deposits. We have to tackle the root causes of this issue.

I will conclude today by making it very clear that the Government share Members’ concerns. The practice of advertising accommodation in return for sex is clearly and profoundly worrying. We are talking about a breach of the law. It is our duty to enforce the law and protect those who are vulnerable from exploitation. And as I have said, the Government will continue to engage with the police to better understand the extent of this practice. I have given some undertakings today, which I will certainly follow up on, and I reiterate my thanks to the hon. Member for Hove and all those who have taken part in this debate for raising awareness of an extremely important and growing issue.