Robert Buckland
Main Page: Robert Buckland (Conservative - South Swindon)Department Debates - View all Robert Buckland's debates with the Attorney General
(9 years, 8 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Solicitor-General (Mr Robert Buckland)
I beg to move, That the clause be read a Second time.
Mr Speaker
With this it will be convenient to discuss the following:
Amendment (a) to new clause 8, leave out
“offers or provides sexual services to”
and insert
“prepares to engage in, or engages in, sexual activity with”.
Government new clause 9—Duty to notify police of female genital mutilation.
Government new clause 10—Guidance about female genital mutilation.
New clause 2—Official Secrets Act 1989 (additional defence)—
‘(1) The Official Secrets Act 1989 is amended as follows—
(2) After section 8, insert—
“(8A) It is a defence for a person charged with an offence under any provision of this Act to prove that he knew, or had reasonable cause to believe, that the information, document or article disclosed was—
(a) germane to an official investigation of, or inquiry into, historic child abuse, and
(b) provided only to an officer of such an investigation or inquiry.”’
New clause 3—Child sexual exploitation—
‘(1) In section 1(1) of the Street Offences Act 1059 (Loitering or soliciting for purposes of prostitution), after “female)”, insert “, aged 18 or over,”.
(2) The Sexual Offences Act 2003 is amended as follows.
(3) In section 48 (Causing or inciting child prostitution or pornography)—
(a) in the title of the section, for “prostitution” substitute “sexual exploitation”; and
(b) in subsection (1)(a), for “become a prostitute” substitute “be sexually exploited”.
(4) In section 49 (Controlling a child prostitute or a child involved in pornography)—
(a) in the title of the section, for “child prostitute” substitute “sexually exploited child”; and
(b) in subsection (1)(a), for “prostitution” substitute “sexual exploitation”.
(5) In section 50 (Arranging or facilitating child prostitution or pornography)—
(a) in the title of the section, for “child prostitution or pornography” substitute “the sexual exploitation of a child or sexual images of children”; and
(b) in subsection (1)(a), for “prostitution” substitute “sexual exploitation”.
(6) In section 51 (Sections 48 to 50: interpretation), in subsection (2), for “prostitute” substitute “sexually exploited child”; for “prostitution” substitute “sexual exploitation”.
(7) References in any Act, Regulation, Order or other legislative instrument to the sections and titles mentioned in this section shall be interpreted as referring to the sections and titles as amended by this section.”
New clause 11—Child protection: 16 and 17 year olds living with their families—
‘(1) The Children’s Act 1933 is amended as follows.
(2) After section 1 insert—
“1A Cruelty to a person aged sixteen or seventeen
(1) If any person A, who has attained the age of eighteen years and is personally connected to a child B aged sixteen or seventeen, wilfully assaults, ill-treats (whether physically or psychologically), neglects, abandons, or exposes him, or causes or procures for him to be assaulted, ill-treated (whether physically or psychologically), neglected, abandoned, or exposed, in a manner likely to cause him unnecessary suffering or injury to health (including injury to or loss of sight, or hearing, or limb, or organ of the body and whether the injury is of physical or psychological nature), that person shall be guilty of an offence, and shall be liable—
(a) on conviction or indictment, to a fine or alternatively, or in addition thereto, to imprisonment for any term not exceeding 10 years;
(b) on summary conviction, to a fine not exceeding £400 pounds, or alternatively, or in addition thereto, to imprisonment not exceeding six months.
(2) For the purposes of this section—
(a) A and B are considered to be personally connected if at the time of the offence they live together, and
(i) A has parental responsibility for B
(ii) A is a relative of B
(iii) A is or has been married or civil partner to B’s parent.
(b) A shall be deemed to have neglected B in a manner likely to cause injury to his health if he has failed to provide adequate food, clothing, medical aid or lodging for him or if, having been unable otherwise to provide such food, clothing, medical aid or lodging, he has failed to take steps to procure it to be provided to B.
(3) A person may be convicted of an offence under this section—
(a) notwithstanding that actual suffering or injury to health, or the likelihood of actual suffering or injury to health, was obviated by the action of another person;
(b) notwithstanding the death of B.
(4) In subsection (2)—
“parental responsibility” has the same meaning as in the Children Act 1989;
“relative” has the meaning given by section 63(1) of the Family Law Act 1996”.
New clause 15—Encouragement of Female Genital Mutilation Warning Notices and Orders (EWNs and EWOs)—
In the Female Genital Mutilation Act 2003, after section 2A (offence of Encouragement of Female Genital Mutilation) insert—
“2B Power to issue an Encouragement of Female Genital Mutilation warning notice
(1) A member of a police force not below the rank of superintendent (“the authorising officer”) may issue an Encouragement of Female Genital Mutilation warning notice (an “EWN”) under this section.
(2) An EWN may be issued to a person (“A”) who is aged 18 or over if the authorising officer has reasonable grounds for believing that A has been encouraging the genital mutilation of women and girls as defined in section 1.
(3) Before issuing an EWN, the authorising officer must, in particular, consider any representations made by A as to the issuing of the EWN.
(4) The authorising officer must take reasonable steps to obtain the representations mentioned in subsection (3).
(5) An EWN must prohibit A from encouraging the genital mutilation of women and girls.
2C Contents and service of an Encouragement of Female Genital Mutilation warning notice
‘(1) An EWN must state—
(a) the grounds on which it has been issued;
(b) that a constable may arrest A without warrant if the constable has reasonable grounds for believing that A is in breach of the EWN;
(c) that an application for an Encouragement of Female Genital Mutilation warning order (an “EWO”) under section (application for an EWO) shall be heard within 48 hours of the time of service of the EWN and notice time and place of the hearing will be given to A, and shall state that the EWN continues in effect until that application has been determined.
(2) An EWN must be in writing and must be served on A personally by a constable.
(3) On serving A with an EWN, the constable must ask A for an address for the purposes of being given notice of the hearing of the application for the Encouragement of Female Genital Mutilation warning order.
2D Breach of an Encouragement of Female Genital Mutilation warning notice
‘(1) A person arrested by virtue of section (contents and service of an EWN) for a breach of an EWN shall be held in custody and brought before the magistrates’ court which will hear the application for the EWO under (application for an EWO)—
(a) before the end of the period of 24 hours beginning with the time of the arrest; or
(b) if earlier, at the hearing of that application.
(2) If the person is brought before the court by virtue of subsection (1)(a), the court may remand the person.
(3) If the court adjourns the hearing of the application by virtue of subsection 6(8), the court may remand the person.
(4) In calculating when the period of 24 hours mentioned in subsection (1)(a) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.
2E Application for an Encouragement of Female Genital Mutilation warning order
‘(1) If an EWN has been issued, a constable must apply for an Encouragement of Female Genital mutilation warning order (an “EWO”).
(2) The application must be made by complaint to a magistrates’ court.
(3) The application must be heard by the magistrates’ court no later than 48 hours after the EWN was served pursuant to section (contents and service of an EWN).
(4) In calculating when the period of 48 hours mentioned in subsection (3) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.
(5) Notice of the time and place of the hearing of the application must be given to A.
(6) The notice is deemed given if it has been left at the address given by A under section 4(3).
(7) If the notice has not been given because no address was given by A under section 4(3), the court may hear the application for the EWO if the court is satisfied that the constable applying for the EWO has made reasonable efforts to give A the notice.
(8) The magistrates’ court may adjourn the hearing of the application.
(9) If the court adjourns the hearing, the EWN continues in effect until the application has been determined.
(10) On the hearing of an application for an EWO, section 97 of the Magistrates’ Court Act 1980 (summons to witness and warrant for his arrest) does not apply in relation to a person for whose protection the EWO would be made, except where the person has given oral or written evidence at the hearing.
2F Conditions for and contents of an Encouragement of Female Genital Mutilation warning order (EWO)
‘(1) The court may make an EWO if two conditions are met.
(2) The first condition is that the court is satisfied on the balance of probabilities that the conditions set out in section 3(2) are met.
(3) The second condition is that the court is satisfied that making the EWO is necessary to protect women and girls from harm as a result of the encouragement of FGM by A.
(4) An EWO must state that a constable may arrest A without warrant if the constable has reasonable grounds for believing that A is in breach of the EWO.
(5) An EWO may be in force for—
(a) no fewer than 14 days beginning with the day on which it is made; and
(b) up to a maximum of seven years from that date.
(6) An EWO must state the period for which it is to be in force.
2G Breach of an Encouragement of Female Genital Mutilation warning order
‘(1) A person arrested by virtue of section (conditions for and contents of an EWO) for a breach of an EWO must be held in custody and brought before a magistrates’ court within the period of 24 hours beginning with the time of the arrest.
(2) If the matter is not disposed of when the person is brought before the court, the court may remand the person.
(3) In calculating when the period of 24 hours mentioned in subsection (1) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.
2H Further provision about remand
‘(1) This section applies for the purposes of the remand of a person by a magistrates’ court under section (Breach of an EWN) or (Breach of an EWO).
(2) In the application of section 128(6) of the Magistrates’ Court Act 1980 for those purposes, the reference to the “other party” is to be read—
(a) in the case of a remand prior to the hearing of an application for an EWO, as a reference to the authorising officer; and
(b) in any other case, as a reference to the constable who applied for the EWO.
(3) If the court has reason to suspect that a medical report will be required, the power to remand a person may be exercised for the purpose of enabling a medical examination to take place and a report to be made.
(4) If the person is remanded in custody for that purpose, the adjournment may not be for more than three weeks at a time.
(5) If the person is remanded on bail for that purpose, the adjournment may not be for more than four weeks at a time.
(6) If the court has reason to suspect that the person is suffering from a mental disorder within the meaning of the Mental Health Act 1983, the court has the same power to make an order under section 35 of that Act (remand to hospital for medical report) as it has under that section in the case of an accused person (within the meaning of that section).
(7) The court may, when remanding the person on bail, require the person to comply before release on bail or later, with such requirements as appear to the court to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.
2I Guidance
‘(1) The Secretary of State may issue guidance relating to the exercise by a constable of functions under section (Power to issue an EWN).
(2) A constable must have regard to any guidance issued under subsection (1) when exercising a function to which the guidance relates.
(3) Before issuing guidance under this section, the Secretary of State must consult—
(a) the Association of Chief Police Officers;
(b) the National Crime Agency; and
(c) such other persons as the Secretary of State thinks fit.”
New clause 16—Offence of encouragement of female genital mutilation—
‘(1) The Female Genital Mutilation Act 2003 is amended as follows:
(2) After section 2 (offence of assisting a girl to mutilate her own genitalia) insert—
“(2A) Offence of encouragement of female genital mutilation—
(a) a person is guilty of an offence of encouragement of female genital mutilation if he makes a statement that is likely to be understood by some or all of the members of the public to whom it is published as a direct or indirect encouragement or other inducement to them to mutilate the genitalia of a girl;
(b) A person commits an offence if—
(i) he publishes a statement to which this section applies or causes another to publish such a statement; and
(ii) at the time he publishes it or causes it to be published, he—
(a) intends members of the public to be directly or indirectly encouraged or otherwise induced by the statement to mutilate the genitalia of a girl; or
(b) is reckless as to whether members of the public will be directly or indirectly encouraged or otherwise induced by the statement to mutilate the genitalia of a girl.””
New clause 17—Mandatory reporting of suspected child abuse—
‘(1) A person commits an offence if—
(a) he is involved in the provision of regulated activity as defined by section 5 of the Safeguarding Vulnerable Groups Act 2006 for which he is paid;
(b) he is a provider of regulated activity as defined by section 6 of the Safeguarding Vulnerable Groups Act 2006;
(c) he becomes aware that a child has been harmed in connection to the regulated activity; and
(d) he does not inform a relevant authority of this harm.
(2) A person does not commit an offence under this section if—
(a) he can demonstrate he acted in the best interests of the child, or
(b) he complied with relevant professional guidelines or institutional guidelines for the reporting of abuse as he believed them to be, complying with institutional guidelines for the reporting of abuse can include informing another individual with relevant safeguarding responsibilities.
(3) In this section “harm” means conduct which amounts to one of the following offences—
(a) cruelty to and neglect of children;
(b) cruelty to children/young persons;
(c) child abduction;
(d) rape of a female child under 16;
(e) rape of a female child under 13;
(f) rape of a male child under 16;
(g) rape of a male child under 13;
(h) sexual assault on a male child under 13;
(i) sexual assault on a female child under 13;
(j) sexual activity involving a child under 13;
(k) sexual activity involving a child under 16;
(l) sexual exploitation of children;
(m) abuse of position of trust of a sexual nature; and
(n) sexual grooming.
(4) The Secretary of State may, by way of regulation, make guidance as to the interpretation of subsection (2) or amend subsection (3).
(5) Any regulations made under subsection (4) must be subject to an affirmative procedure of both Houses of Parliament.
(6) In this section “relevant authority” means—
(a) the local authority with safeguarding authorities;
(b) the local police force; and
(c) the Disclosure and Barring Service.
(7) A person guilty of an offence under this Part of this Act shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both such imprisonment and fine;
(b) on conviction on indictment, to imprisonment for a term not exceeding three years.”
New clause 19—Child abduction warning notice—
In the Child Abduction Act 1984, after section 2 (offence of abduction of child by other person) insert—
“2A Power to issue a child abduction warning notice
(1) A member of a police force not below the rank of superintendent (“the authorising officer”) may issue a child abduction warning notice (“a CAWN”) under this section.
(2) A CAWN may be issued to a person (“A”) aged 18 years or over if the authorising officer has reasonable grounds for believing that—
(a) A has without lawful authority or reasonable excuse been found in the company of a child (“C”); and
(b) C is reported missing and is found on two or more occasions to be in the company of A; or
(c) there is reason to suspect that C‘s behaviour is, by reason of association with the defendant, giving significant cause for concern.
(3) Before issuing a CAWN, the authorising officer must, in particular, take reasonable steps to gather and consider—
(a) representations made by the person with lawful authority for C; and
(b) representations made by A as to the issuing of the CAWN.
(4) A CAWN must prohibit A from being in the company of C.
2B Contents and service of a child abduction warning notice
‘(1) A CAWN must state—
(a) the grounds on which it has been issued;
(b) that a constable may arrest A without warrant if the constable has reasonable grounds for believing that A is in breach of the CAWN;
(c) that an application for a child abduction warning order under section 2D will be heard within 48 hours of the time of service of the CAWN and a notice of the hearing will be given to A;
(d) that the CAWN continues in effect until that application has been determined; and
(e) the provisions that a magistrates’ court may include in a child abduction warning order (CAWO) under sections 2D and 2E.
(2) A CAWN must be in writing and must be served on A personally by a constable.
(3) On serving A with a CAWN, the constable must ask A for an address for the purposes of being given the notice of the hearing of the application for the child abduction warning order.
2C Breach of a child abduction warning notice
‘(1) A person arrested by virtue of section 2B(1)(b) for a breach of a CAWN must be held in custody and brought before the magistrates’ court which will hear the application for a child abduction warning order (CAWO) under sections 2D and 2E—
(a) before the end of the period of 24 hours beginning with the time of the arrest; or
(b) if earlier, at the hearing of that application.
(2) If the person is brought before the court by virtue of subsection (1)(a), the court may remand the person.
(3) If the court adjourns the hearing of the application by virtue of subsection 2D(8), the court may remand the person.
(4) In calculating when the period of 24 hours mentioned in subsection (1)(a) of this section ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.
2D Application for a child abduction warning order
‘(1) If a CAWN has been issued, a constable must apply for a child abduction warning order (“a CAWO”).
(2) The application must be made by complaint to a magistrates’ court.
(3) The application must be heard by the magistrates’ court no later than 48 hours after the CAWN was served pursuant to section 2B(2).
(4) In calculating when the period of 48 hours mentioned in subsection (3) of this section ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.
(5) A notice of the hearing of the application must be given to A.
(6) The notice is deemed given if it has been left at the address given by A under section 2B(3).
(7) But if the notice has not been given because no address was given by A under section 2B(3), the court may hear the application for the CAWO if the court is satisfied that the constable applying for the CAWO has made reasonable efforts to give A the notice.
(8) The magistrates’ court may adjourn the hearing of the application.
(9) If the court adjourns the hearing, the CAWN continues in effect until the application has been determined.
(10) On the hearing of an application for a CAWO, section 97 of the Magistrates’ Court Act 1980 (summons to witness and warrant for his arrest) does not apply in relation to a person for whose protection the CAWO would be made, except where the person has given oral or written evidence at the hearing.
2E Conditions for and contents of a child abduction warning order
‘(1) The court may make a CAWO if two conditions are met.
(2) The first condition is that the court is satisfied on the balance of probabilities that one or more of the criteria in section 2A(2)(a)-(c) are satisfied.
(3) The second condition is that the court thinks that making the CAWO is necessary to protect C from harm as a result of association with A.
(4) A CAWO must state that a constable may arrest A without warrant if the constable has reasonable grounds for believing A is in breach of the CAWO.
(5) A CAWO may be in force for—
(a) no fewer than 14 days beginning with the day on which it is made; and
(b) until the date of the 16th birthday of C.
(6) A CAWO must state the period for which it is to be in force.
2F Breach of a child abduction warning order
‘(1) A person arrested by virtue of section 2E(4) for a breach of a CAWO must be held in custody and brought before a magistrates’ court within the period of 24 hours beginning with the time of the arrest.
(2) If the matter is not disposed of when the person is brought before the court, the court may remand the person.
(3) In calculating when the period of 24 hours mentioned in subsection (1) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial. Dealings Act 1971 are to be disregarded.
2G Further provision about remand
‘(1) This section applies for the purposes of the remand of a person by a magistrates’ court under section 2C(2) or (3) or 2F(2).
(2) In the application of section 128(6) of the Magistrates’ Court Act 1980 for those purposes, the reference to the “other party” is to be read—
(a) in the case of a remand prior to the hearing of an application for a CAWO, as a reference to the authorising officer; and
(b) in any other case, as a reference to the constable who applied for the CAWO.
(3) If the court has reason to suspect that a medical report will be required, the power to remand a person may be exercised for the purpose of enabling a medical examination to take place and a report to be made.
(4) If the person is remanded in custody for that purpose, the adjournment may not be for more than three weeks at a time.
(5) If the person is remanded on bail for that purpose, the adjournment may not be for more than four weeks at a time.
(6) If the court has reason to suspect that the person is suffering from a mental disorder within the meaning of the Mental Health Act 1983, the court has the same power to make an order under section 35 of that Act (remand to hospital for medical report) as it has under that section in the case of an accused person (within the meaning of that section).
(7) The court may, when remanding the person on bail, require the person to comply before release on bail or later, with such requirements as appear to the court to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.
2H Guidance
‘(1) The Secretary of State may issue guidance relating to the exercise by a constable of functions under sections 2A to 2F.
(2) The guidance must set out the behaviours associated with “giving significant cause for concern”, including, in particular, behaviours associated with giving cause for concern of sexual exploitation or grooming.
(3) A constable must have regard to any guidance issued under subsection (1) when exercising a function to which the guidance relates.
(4) Before issuing guidance under this section, the Secretary of State must consult—
(a) the Association of Chief Police Officers;
(b) the National Crime Agency; and
(c) such other persons as the Secretary of State thinks fit.””
This amendment establishes child abduction warning notices (CAWNs) on a statutory basis, addressing concerns raised in the House of Lords on the issue, by introducing a two-stage process providing judicial oversight, without compromising the ability of the police to issue a CAWN without delay. The proposed process is similar to that in place for Domestic Violence Prevention Notices/Domestic Violence Prevention Orders (DVPN/DVPO).
New clause 22—Offence of child exploitation—
‘(1) A person commits an offence if they exploit a child.
(2) A child may be in a situation of exploitation whether or not—
(a) escape from the situation is practically possible for the child; or
(b) the child has attempted to escape from the situation.
(3) The consent or apparent consent of the child to the exploitation is irrelevant.
(4) “Child Exploitation” includes but is not limited to, the exploitation of the prostitute of others or other forms of sexual exploitation; the exploitation of labour or services including begging or practices similar to slavery, servitude or forced or compulsory labour; the exploitation of or for criminal activities including benefit fraud; the removal of organs; forced or servile marriage or enforced surrogacy; exploitation for unlawful adoption; and exploitation by enforced drugs smuggling, manufacture, production or distribution.
(5) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.”
New clause 26—Automatic Special Measures: controlling or coercive behaviour cases—
The Youth Justice and Criminal Evidence Act 1999 is amended as follows—
In section 17, after “offence” insert “an offence of controlling or coercive behaviour in an intimate or family setting contrary to section 73 of the Serious Crime Act 2015.””
New clause 27—Offence of abduction of child by other person—
‘(1) In section 2 of the Child Abduction Act 1984, after subsection (1), insert—
“(1A) Subject to subsection (3)(a)-(c), a person, other than one mentioned in subsection (2), commits an offence if, without lawful authority or reasonable excuse, he takes or detains a child between the ages of sixteen and eighteen—
(a) so as to remove him from the lawful control of any person having lawful control of the child; or
(b) so as to keep him out of the lawful control of any person entitled to lawful control of the child.”
(2) In section 2(3) of the Child Abduction Act 1984, for paragraph (b) substitute—
“(b) that, at the time of the alleged offence under subsection 2(1), he believed that the child had attained the age of sixteen,
(bA) that, at the time of the alleged offence under subsection 2(2), he believed the child had attained the age of eighteen,””
Amendment 20, in clause 72, page 63, line 27, leave out “the” and insert “a risk of”.
Amendment 21, in clause 73, page 78, line 22, leave out
“he or she was acting”
and insert
“their behaviour was necessary in order to act, and”.
Amendment 22, page 78, line 23, in clause 73, at end insert—
“(aa) a reasonable person in possession of the same information would think that A’s behaviour was necessary in order to act in B’s best interests.”
Government amendments 2 to 10.
Amendment 33, in schedule 4, page 117, line 15, at end insert—
“59A In Schedule 2 of that Act (sexual offences to which provisions about extra territoriality application apply) in paragraph 1(d), insert—
“(iii) section 68 (possession of paedophile manual) of the Serious Crime Act 2015.””
Provisions in the Sexual Offences Act 2003 enable certain child abuse offences committed outside the UK to be prosecuted in England and Wales in some circumstances. This amendment enables these extra-territorial provisions to apply to the new offence of possession of any item that contains advice or guidance about abusing children sexually contained in Clause 68 of this Bill.
Government amendments 11 to 19.
The Solicitor-General
I am conscious that a number of right hon. and hon. Members wish to speak, so I will keep my opening remarks as brief as possible. I am doubly conscious of the need to ensure that, as has been mentioned, we have meaningful debates on other groups of amendments.
New clause 8 responds to the compelling case made in Committee by the hon. Member for Stockport (Ann Coffey), to whom I am grateful, that we should remove from the statute book references to the phrase “child prostitution” and limit the scope of the offence of loitering or soliciting for the purposes of prostitution, so that it applies only to adults. As I made clear in Committee, children who are sexually exploited, whether for financial gain or other reasons, should not be referred to as prostitutes. They should be regarded as victims.
New clause 8 will have substantially the same effect as the hon. Lady’s new clause 3, and in one important respect it goes even further. As well as replacing the anachronistic references to “child prostitute” and “child prostitution” in the Sexual Offences Act 2003, the new clause will remove references to “child pornography”, to which similar considerations apply.
Ann Coffey (Stockport) (Lab)
I thank the Solicitor-General and the Government for tabling new clause 8. It will make a big difference to the language we use when talking about children who are sexually exploited. I know that victims of child exploitation are pleased that the new clause has been introduced, so I thank the Government on their behalf as well.
The Solicitor-General
I am extremely grateful to the hon. Lady, and I pay tribute to her for the work that she has done, most recently in the report that she prepared about child sexual exploitation in Greater Manchester.
New clause 9 will require persons working in regulated professions to notify the police if they discover in the course of their work that an act of female genital mutilation appears to have been carried out on a girl under the age of 18. The new duty will help to ensure that professionals are clear about their responsibilities when they encounter cases of FGM in under-18s, and that those cases are reported to the police, thereby supporting investigations.
The consultation on what a mandatory reporting duty should look like closed on 12 January, and we received nearly 150 responses, including from health care professionals, education professionals, the police, charities and members of the public. We have considered those responses carefully, which is reflected in our approach to the new clause.
The new duty will require regulated health and social care professionals and teachers in England and Wales to report known cases of FGM to the police. Depending on the specifics of the case, a report to the police will not necessarily trigger a criminal investigation immediately. When a report is made, the police will work with the relevant agencies to determine the most appropriate course of action, which may include referral to medical experts for diagnosis of whether FGM has taken place. That is important, because we want to reassure those involved in the detection and exposure of this appalling child abuse that although prosecution and criminal investigation are important, they are not the only means that we have to deal with this scourge.
Sir William Cash (Stone) (Con)
My hon. and learned Friend will understand that new clause 9 deals only with circumstances in which FGM appears to have been carried out, not with those in which there is a risk of it being carried out, to which I shall refer later.
The Solicitor-General
I look forward to my hon. Friend’s contribution and will respond appropriately when I have heard his full argument.
We recognise that some individuals captured by the new duty may be less likely than others to encounter cases of FGM. The duty will apply only to cases identified in the course of an individual’s professional duties. There will be no new requirement for professionals to look for visual evidence, and we do not expect them to do so.
Where professionals fail to comply with the duty, it will be dealt with in accordance with existing disciplinary procedures. That is in line with the approach favoured by the vast majority of respondents to the consultation and will ensure that appropriate sanctions are imposed in accordance with the circumstances of an individual case. The Government expect employers and the professional regulators to pay due regard to the seriousness of breaches of the new duty.
New clause 10 will confer on the Secretary of State a power to issue guidance on FGM to relevant individuals in England and Wales, and will require them to have regard to it. That guidance will take the form of updated multi-agency guidelines, which will explicitly capture good safeguarding practice, including for non-regulated practitioners. In addition, the existing frameworks for the purpose of dealing with child abuse will, of course, continue to support appropriate safeguarding responses.
Sir William Cash
I wish only to repeat, in a sense, what I have already said, namely that this measure will not, in itself, deal with the problem of girls who are at risk.
The Solicitor-General
My hon. Friend has made his point again. We may well have to differ on the issue of the threshold with which his amendment deals, but I will outline my arguments when I have heard all that he has to say.
Amendment 10 relates to the new offence of sexual communication with a child, which was added to the Bill in Committee. While there was cross-party support for the new offence in Committee, there was some debate about whether it should be possible for a prosecution to be mounted in England and Wales in respect of conduct engaged in abroad—that is, whether such conduct should be subject to extraterritorial jurisdiction.
Sir Paul Beresford (Mole Valley) (Con)
Below amendment 10—which, obviously, I support—on the amendment paper is my amendment 33. My hon. and learned Friend will recall the discussion that we had in Committee. My amendment contains essentially the same wording as before, applying extraterritorial jurisdiction to the paedophile manual. Will he comment on that now?
The Solicitor-General
I thank my hon. Friend for the work that he has done in ensuring that extraterritorial jurisdiction has been applied to a range of sexual offences. In a nutshell, our view is that the case for applying extraterritorial jurisdiction to the possession of paedophile manuals has not been made out. We do not expect it to be generally applicable to that type of offence. We think it far more relevant to an offence of communication, given that communications no longer respect national borders, but can take place throughout the world through the internet and social media.
I was explaining the context in which we considered the issue of extraterritorial jurisdiction. It was in the light of speeches made by my hon. Friend the Member for Mole Valley (Sir Paul Beresford) and the hon. Member for Feltham and Heston (Seema Malhotra) that we reconsidered the issue, and concluded that it should be extended to the offence of sexual communication. Amendment 10 gives effect to that.
I hope that the House will welcome these important amendments. I look forward to hearing from other Members who have tabled amendments in this group, and I will respond to them as best I can when I wind up the debate.
Sir Edward Garnier (Harborough) (Con)
During our debates on the Bill, I have been drawing to Ministers’ attention the exploitation of adults—not elderly adults who cannot help themselves through old age, but young adults—by quacks and bogus counsellors. I rather hoped that the Solicitor-General and other members of the Government would address that issue. I see that the Under-Secretary of State for the Home Department, my hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), is present. She has experienced the distinct displeasure of having to listen to me going on about this, but I will continue to go on about it until a decision is made. Will the Solicitor-General update me on the Government’s thinking about the exploitation of vulnerable adults who are brainwashed by those quacks and bogus counsellors, to their emotional, psychological and financial disadvantage?
The Solicitor-General
I understand that the Government are still considering that issue. The definition of “vulnerable” may, of course, be something of a vexed question. It has tended to apply to adults with learning difficulties, but I understand my hon. and learned Friend to be referring to it in the wider context in which people are brainwashed or duped by cults and other organisations. It is not a straightforward issue, as I know he understands, but the Government are giving consideration to it, so I am grateful to him for raising it.
With those remarks, I will draw my speech to a close.
Mr Speaker
Well, I will not say the occurrence was unprecedented, but a lawyer finishing his speech earlier than expected is certainly a rarity.
Mr Speaker
The hon. Gentleman finished just before I expected him to and the Minister will now wind up this group of amendments. There has been considerable demand to contribute to the separate groupings, so perhaps I can say publicly what I would otherwise have said privately, namely that if the Minister is able to wind up on behalf of the Government so that it is possible for us to move on by 7 o’clock—perhaps even earlier—we will dance round the mulberry bush in joyous appreciation of his efforts.
The Solicitor-General
Best endeavours, Mr Speaker, best endeavours.
I thank all right hon. and hon. Members for taking part in this wide-ranging debate. I am grateful to the hon. Member for Birmingham, Selly Oak (Steve McCabe) for a thoughtful contribution. The Government have committed to a full 12-week consultation within 18 months of the Bill receiving Royal Assent. We are coming to the end of this Parliament and into purdah, and practical issues arise, as my right hon. Friend the Member for Chesham and Amersham (Mrs Gillan) said. However, the Government are committed to moving on a consultation as soon as practical obstacles are removed—we cannot be clearer than that. I am somewhat puzzled about Labour Members’ undue haste to move their new clause. My right hon. Friend has already mentioned some deficiencies that she has found in the provision, and I will not reiterate her points. I say simply that we need a proper consultation on the issue and for all voices to be heard. For FGM and mandatory reporting provisions we held a consultation that gave us clear evidence to act, and to create and change the law on mandatory reporting. We must do exactly the same for child abuse.
We all agree that these issues are sensitive, important, and involve new obligations on professionals who work in this difficult field, and we must approach them carefully and with evidence. I therefore strongly urge Opposition Members to consider the matter carefully before dividing the House or supporting the new clause. With great respect the provision is premature, bearing in mind that a consultation will occur as soon as possible.
Mrs Gillan
Will my hon. and learned Friend comment on my suggestion that those on the two Front Benches should work together on drawing up the terms of reference for the consultation, because I am sure that would help speed up the procedure? It may not be possible to bring something out before the election, but at least working together would show that it is a cross-party effort and give great comfort to those watching this debate.
The Solicitor-General
I am interested in suggestions from any quarter about the terms of reference for a consultation. I want it to be meaningful and comprehensive, which is why there will be a full 12 weeks to allow many people to make submissions. I am open to all constructive suggestions, wherever they come from. As my right hon. Friend said, this issue is about much more than mere party politics, and I hope that that gives her the assurance she seeks.
Diana Johnson
I am listening carefully to the Minister, and of course we all want to get this issue right. I am struck by the fact that the Government managed to have a consultation on the reporting of FGM, and the Bill now contains amendments to take that forward. It seems to me a missed opportunity that we are not able to do that with mandatory reporting at the same time.
The Solicitor-General
I hear what the hon. Lady says and take her remarks in the spirit that I know she intends. We are moving on these issues, and much has been achieved in the past few years in acknowledging that we are dealing with children and can no longer have a sort of double standard when it comes to their protection. In Committee we debated so-called “ostensible consent”, which at one time was in sentencing guidelines. That has gone from the law—indeed, a case I conducted in the Court of Appeal last week made it absolutely clear that for young children the concept of consent in sexual activity has no place in the law of England and Wales. Let me reiterate my point: we are making progress and there will be a consultation as soon as possible. I therefore urge the hon. Lady and Opposition Members not to divide the House on the new clause.
On new clause 2, I listened carefully to the impassioned speech of the hon. Member for Bassetlaw (John Mann). It was the sort of speech that we need to hear in this House because it reiterated not only his determination to uncover child abuse—whether historical or current—but the determination that we should all have to follow evidence wherever it may lead without fear or favour.
As we know, the Official Secrets Act is intended to protect certain classes of particularly sensitive information such as security and intelligence matters, and it provides for a number of offences that prevent current or former Crown servants or Government contractors from disclosing certain information without lawful authority. It does not prevent protected information from being disclosed to an officer of an official investigation or inquiry into historical child abuse. In particular, information may be disclosed where the disclosure is made in accordance with that person’s official duty or is otherwise authorised. Departments and Ministers can permit current and former civil servants and Government contractors to share knowledge and documentation with an inquiry. As my right hon. Friend the Home Secretary made clear in her statement to this House on 4 February, official authorisation would be given for the Goddard inquiry.
On the historical institutional abuse inquiry in Northern Island, the Attorney-General has already made a public undertaking that no evidence given by a person to the inquiry will be used as evidence against them in any criminal proceeding, including any offence under the Official Secrets Act. Indeed, the Attorney-General would be ready to consider any similar request from Justice Goddard if one were made. I assure the hon. Member for Bassetlaw that the Government are committed to assisting Justice Goddard’s inquiry and all other inquiries into child abuse. We are satisfied that the Official Secrets Act is not, will not, and should not be a bar to evidence being provided, but I am grateful to him for raising that important issue.
Let me turn to new clause 11, in the name of the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd). As he said, this has been covered in Committee. I reiterate that anomalies will inevitably exist when it comes to how we classify children and young people in law. I am afraid there is no one age division to fit all circumstances. Despite the fact that, with his usual cunning, he has come up with a slightly different way of dealing with some of the mischiefs I mentioned in Committee, I am still concerned that, in genuinely attempting to correct one anomaly, we might end up creating another. We still believe that in this area of the law we need to focus on the protection of children and young persons under the age of 16.
In that spirit, I will come on to new clause 27, which was tabled by my hon. Friend the Member for Oxford West and Abingdon (Nicola Blackwood). Her tenacity knows no bounds. She has done a lot of work to expose the scourge of child sexual exploitation in both her local area and nationally. I am grateful to her for once again raising this issue. We need to have the correct balance between additional protection, and recognition of the relevant rights and responsibilities of young people in this age group. We have given much thought to this matter. The key question for the Government is whether we think the police have sufficient powers to replace restrictions and prohibitions on people who pose a risk to vulnerable young adults aged 16 and 17. We think that the new sexual risk orders—I will come on to them in a moment—will provide the police with the powers to tackle predators. Breach of such an order will carry a sentence of up to five years’ imprisonment. We think the right balance is being struck with the combination of child abduction warning notices and sexual risk orders. We therefore do not think that we need to change the law on child abduction at this stage. That allows me neatly, I hope, to deal with new clause 19, tabled by the hon. Member for Rotherham (Sarah Champion).
Nicola Blackwood
The Solicitor-General is aware that the combination of child abduction warning notices and risk of sexual harm orders leaves a gap for 16 to 17-year-olds where it is impossible to prove sexual risk and where there is a need for immediate action without going to court.
The Solicitor-General
I remind my hon. Friend that other mechanisms and other types of order exist, and ask her to bear it in mind that the law was reformed by the Anti-social Behaviour, Crime and Policing Act 2014, which is just coming into force. There are other tools available to the police and enforcement authorities. We have to be careful not to seek to be over-reliant on one particular type of order. Reading carefully the recommendations and observations made by Louise Casey in the Rotherham report published only two weeks ago, there are certain concerns about an over-reliance on child abduction warning notices, as opposed to taking more direct action that has the force of statutory breach and criminal sanction on breach.
New clause 19 was tabled by the hon. Member for Rotherham. I am grateful to her for providing information she wished me to consider. I confirm that we plan to implement the new sexual risk orders before the end of this Parliament. As we all know, that is a very short space of time indeed. I reassure her that we will publish guidance on their use and we will work with the police to review their effectiveness, including in the context of how child abduction warning notices are used. As a result of our productive meeting, Barnardo’s will be consulted as a part of that process.
The hon. Member for Stockport (Ann Coffey) made a point about references to the phrase “child prostitution” in a number of other Acts and regulations. The Government’s amendments to schedule 4 pick up the references to child prostitution in primary legislation, and we have a power in clause 79(2) to amend secondary legislation. That should help to clean up and clear up references to child prostitution in a number of regulations.
The Solicitor-General
I will put on the record the assent of the hon. Lady. I am grateful to her for all her work on this matter.
I will move on briefly to the proposals in new clauses 15 and 16 to tackle the encouragement or promotion of FGM. In Committee, the hon. Member for Feltham and Heston (Seema Malhotra) rightly said:
“encouragement to commit an offence is not an issue of free speech.”––[Official Report, Serious Crime [Lords] Public Bill Committee, 20 January 2015; c. 157.]
However, we need to distinguish between actual active encouragement and the expression of a distasteful opinion. As the law stands, there must be some direct connection between the encouragement or assistance and the principal offence. We believe that that is the right approach. It is settled law that applies to a whole range of criminal offences. We are not convinced of the need to go beyond that and create an offence or introduce civil measures that prohibit any or all encouragement, regardless of the intention behind it. It is too general, in our view, and there will be evidential difficulties. Members of this House and practitioners in the field are familiar with the term FGM, but it is not, of course, a term that would necessarily or colloquially be used by those who support, or have sympathy with, that form of abuse. We therefore need to think about the practicalities and the realities of seeking to prove such a general offence in the field. I am not convinced, with respect to those who moved the new clauses, that they would achieve their aim.
Amendment 20 was tabled by my hon. Friends the Members for Stone (Sir William Cash) and for Mid Derbyshire (Pauline Latham). We heard a characteristically impassioned speech from my hon. Friend the Member for Stone. I remind him that it is a passion we all share. A large number of Members—including the Under-Secretary of State for Health, my hon. Friend the Member for Battersea (Jane Ellison), who will be speaking to a later group of amendments, myself and others—all share his passion to see an end to FGM. With respect, the test that would be applied in his amendment would not help. The phrasing and terminology of FGM protection orders replicates provisions we already have in law in relation to forced marriage protection orders. It is clear that we are talking about prevention and the protection of young women and girls from FGM. Therefore, and with respect to him, references to risk are wholly otiose.
The Solicitor-General
I would like to give way, but I am afraid I am going to stick to the Speaker’s exhortation and stick to time.
It is not only the proposed legislation, but as a result of a significant public awareness programme being—
The Solicitor-General
I am afraid I cannot give way to my hon. Friend.
Coupled with a widespread public awareness programme, the provision will deal with the mischief my hon. Friend rightly talks about without unnecessarily complicating the Bill by otiose references to risk. It is simply not necessary.
The Opposition spokesperson, the hon. Member for Kingston upon Hull North (Diana Johnson), tabled amendment (a) to Government new clause 8. I entirely understand the spirit with which she wishes to move her amendment. The Government’s aim is to replicate the offence in the Sexual Offences Act 2003 in a way that removes the offending phrase “child prostitution”. What we do not seek to do is widen or create a new offence. The danger of her amendment is that it would involve a substantive change in the law. For that reason, we do not support it.
Briefly, on new clause 22 with regard to child exploitation, the Modern Slavery Bill will deal in large measure with the abuse identified by all corners of the House. We do not think—this is supported by the Director of Public Prosecutions, the National Crime Agency, the National Policing Lead for Modern Slavery and the independent Anti-Slavery Commissioner—that the new offence would add anything other than confusion to the existing legislative position.
I hope I have already answered my hon. Friend the Member for Mole Valley (Sir Paul Beresford) with regard to amendment 33. I listened to him carefully. We have made progress. We think the most likely scenario involving paedophilic manuals and individuals who travel abroad is that they will come into possession of such a manual either in this country by downloading it or by bringing it in to this country. We therefore think that some of the problems he rightly talks about will be covered.