Serious Crime Bill [Lords]

Debate between Robert Buckland and John Bercow

Monday 23rd February 2015 Commons Chamber

[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.

--- Later in debate ---

[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.

--- Later in debate ---

[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.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Tuesday 10th February 2015 Commons Chamber

[Mr Speaker]

Even if the hon. Gentleman’s palate is not yet fully satisfied, I hope he feels he has now had his hors d’oeuvre for the day.

[The Solicitor-General]

The hon. Gentleman is right to be impatient—we all are—for progress in tackling this scourge. It exists not just here at home, but internationally. We have criminal justice advisers and liaison magistrates in 20 countries where we know that human trafficking is a source problem. Human trafficking will not be tackled just within these shores. The effort has to be international.

--- Later in debate ---

[The Solicitor-General]

It is vital that everybody involved in witness care understands the old and well-established rule that witnesses must not be coached. Educating them in the process is absolutely right, but talking about the evidence and trying to coach them in some way would be wholly wrong.

[Mr Speaker]

Last but not least, I call Peter Bone.

[Mr Peter Bone (Wellingborough) (Con)]

Thank you, Mr Speaker.

Victims of human trafficking are the most vulnerable witnesses that can be had before the courts. Adult victims of human trafficking are looked after very well under the Government’s scheme, but child victims are not. Will the Solicitor-General look at ways in which we can improve protection and help for the child victims of human trafficking?

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Tuesday 6th January 2015 Commons Chamber

[Mr Speaker]

May I in a very gentle way say that lawyers’ questions and answers tend to be learned and lucid, but also rather long? Perhaps the Solicitor-General can disprove the trend.

[The Solicitor-General]

The right hon. Gentleman and I share a continuing interest in, and passion for, reforming the law on stalking and harassment and ensuring that implementation is carried out. I am able to update him. As of 31 December last year, 1,402 CPS employees had undergone the training.

--- Later in debate ---

[The Solicitor-General]

It is difficult to compare the CPS with the SPA because the sheer number of cases before the SPA will be much lower. When it comes to decision making on prosecution, CPS best practice is replicated in the SPA, and joint training and a lot of joint working takes place. The problems identified by the Liberty report, among others, are more to do with the investigation of offences as opposed to their prosecution.

[Mr Speaker]

I call Mr Karl Turner.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Tuesday 18th November 2014 Commons Chamber

[The Solicitor-General]

rose—

[Mr Speaker]

Order. I am sorry to embarrass the hon. Member for Wolverhampton South West (Paul Uppal), but I must make this point because this is the second time today that this has happened. An hon. Member must not leave the Chamber while the exchanges on his or her question are in train. Members really ought to know that, and I think that most do. The hon. Gentleman is normally the most courteous of individuals, but he must stay, whatever other commitments he might have, until those exchanges have been completed. That is the courtesy that we expect of Members.

[The Solicitor-General]

Coming back to the question from the hon. Member for Bolton West (Julie Hilling), she is right to make that point. It is encouraging to note that prosecutions have increased from 150 or so five years ago to between 400 and 500 now, but the action plan contains provisions to offer further training to prosecutors and the police so that they can be fully aware and put themselves into the shoes of people with learning difficulties. There was also a high-level management conference last week at which a service user with disabilities came to speak to prosecutors and to lay it on the line about their experience.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Tuesday 14th October 2014 Commons Chamber

[The Solicitor-General]

We have to bear in mind that an appeal is in process in relation to the costs of the defendant Huhne, which is due to be heard at the end of this month. It would therefore be inappropriate for me to comment on the merits of that application. However, I will say that a large number of disclosure applications and other preliminary applications were made in the case of the defendant Huhne, which might have some bearing on the issue my hon. Friend raises.

[Mr Speaker]

Interesting reading for the long winter nights ahead.

Bill Presented

Taxation of Pensions Bill

Presentation and First Reading (Standing Order No. 57)

Mr Chancellor of the Exchequer, supported by the Prime Minister, the Deputy Prime Minister, Mr Secretary Duncan Smith, Danny Alexander, Mr David Gauke, Steve Webb, Priti Patel and Andrea Leadsom, presented a Bill to make provision in connection with the taxation of pensions.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 97) with explanatory notes (Bill 97-EN).

Point of Order

Debate between Robert Buckland and John Bercow

Wednesday 25th June 2014 Commons Chamber

[Mr Robert Buckland (South Swindon) (Con)]

On a point of order, Mr Speaker. Is there any way that we can place on the record my understanding that the reason for the absence of my hon. Friend the Member for Rossendale and Darwen (Jake Berry) is that his wife has been rushed into hospital and he has had to attend at her bedside?

[Mr Speaker]

There is, and the hon. Gentleman has helpfully done just that. I thank him for that, just as I think the House will thank him. Needless to say, we wish Mr Berry’s wife a speedy recovery.

Bill presented

Small Business, Enterprise and Employment bill

Presentation and First Reading (Standing Order No. 57)

Secretary Vince Cable, supported by the Prime Minister, the Deputy Prime Minister, Mr Chancellor of the Exchequer, Secretary Michael Gove, Secretary Chris Grayling, Secretary Edward Davey, Mr Oliver Letwin, Andrea Leadsom, Michael Fallon, Matthew Hancock and Jenny Willott, presented a Bill to make provision about improved access to finance for businesses and individuals; to make provision about regulatory provisions relating to business and certain voluntary and community bodies; to make provision about the exercise of procurement functions by certain public authorities; to make provision for the creation of a Pubs Code and Adjudicator for the regulation of dealings by pub-owning businesses with their tied pub tenants; to make provision about the regulation of the provision of childcare; to make provision about information relating to the evaluation of education; to make provision about the regulation of companies; to make provision about company filing requirements; to make provision about the disqualification from appointments relating to companies; to make provision about insolvency; to make provision about the law relating to employment; and for connected purposes.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 11) with explanatory notes (Bill 11-EN).

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Tuesday 6th May 2014 Commons Chamber

[Mr Speaker]

I call Lindsay Roy—not here.

[Mr Robert Buckland (South Swindon) (Con)]

16. What plans he has to reform the criminal law in relation to child neglect.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Wednesday 26th February 2014 Commons Chamber

[Mr Robert Buckland (South Swindon) (Con)]

On the prevention and detection of crime, does my right hon. Friend share the shock of many of us that the Executive seem to have interfered in the Downey case and others and in the actions of the police and the prosecution? Will she assure me that it will not be the policy of this Government to blur the lines between the Executive and the judicial process in an unacceptable way?

[Mr Speaker]

Quite an ingenious effort, but I would remind the Secretary of State that the question is about the National Crime Agency.

Points of Order

Debate between Robert Buckland and John Bercow

Thursday 9th January 2014 Commons Chamber

[Mr Speaker]

I am grateful to the hon. Gentleman for that clarification. I am sure that the House will now feel better informed.

[Mr Robert Buckland (South Swindon) (Con)]

On a point of order, Mr Speaker. I seek your guidance on the potential use in proceedings of the old Wiltshire word “ganderflanking”. I have sought the help of “Erskine May”, but found none. Loosely translated, “ganderflanking” means aimless messing around. Would you agree that this archaic but colourful word might, if considered to be in order, become a useful tool not only for hon. Members but for the Chair itself?

[Mr Speaker]

Beyond acknowledging the hon. Gentleman’s courtesy in giving me advance notice of his intention to raise this point of order, I would say two things to him. First, I note his implicit and rather interesting distinction between “aimless” messing around and what I presume is to be interpreted as purposeful messing around. Secondly, I am always grateful to the hon. Gentleman insofar as he seeks to protect the interests of Members and, especially, of the Chair. A cynical soul might hazard a guess that he had been in consultation with representatives of BBC Wiltshire, to whom I know this word is a matter of great interest, but it would be unworthy of me to make any such allegation and I do not do so. I am grateful to the hon. Gentleman, and we will leave it there for today.

Press Self-Regulation

Debate between Robert Buckland and John Bercow

Tuesday 8th October 2013 Commons Chamber

[Mr Speaker]

I am sure the Secretary of State has noted the hon. Gentleman’s remarks in her little book. I do not suppose it will be published, but we are intrigued by the method she deploys. It may be imitated over a period—I know not.

[Mr Robert Buckland (South Swindon) (Con)]

Does my right hon. Friend agree that there is the danger of a legal challenge to any process that the Privy Council adopts? That might delay the implementation of the Leveson principles, which, as she knows, I support strongly. What assessment has she made of the timetable for the process she is proposing? Is it robust enough to withstand any legal challenge from those who are determined to delay this much-needed change?

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Tuesday 18th December 2012 Commons Chamber

[Mr Speaker]

Well, the plot thickens.

[Mr Robert Buckland (South Swindon) (Con)]

Last year, the number of applications for permission to apply for judicial review in immigration and asylum cases reached a point at which they represent more than three quarters of the total number of such applications. What will my right hon. Friend do about that growing issue?

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Tuesday 20th November 2012 Commons Chamber

[Mr Speaker]

Generosity of spirit gets the better of me. Mr Robert Buckland.

[Mr Robert Buckland (South Swindon) (Con)]

Will my right hon. and learned Friend assure me that a request for further resources for the SFO to investigate the LIBOR scandal will be met favourably by the Government?

Autism

Debate between Robert Buckland and John Bercow

Tuesday 20th November 2012 Commons Chamber

[Mr Buckland]

rose—

[Mr Speaker]

Order. Just before that intervention is answered by the hon. Member for South Swindon (Mr Buckland), to whom I always listen with huge interest and respect, I know that he will not mind if I point out to him and the House that nine Back Benchers and a couple of Front Benchers are still to contribute. I am keen to accommodate as many people as possible, consistent with hearing the continuation and conclusion of his excellent speech.

[Mr Buckland]

I can assure you, Mr Speaker, that I am watching the clock anxiously, and I will now make progress. I am grateful to hon. Members for their interventions.

The hon. Member for Edinburgh North and Leith (Mark Lazarowicz) is right about the problem he illustrated: diagnosis is one thing but provision for older people with autism is another. Many older people to whom I speak tell me that, having had the diagnosis, they turn around and say, “Well, what now?” Very little happens after a diagnosis. Other speakers will deal with the point about assessment for benefits, but the message has to go out loud and clear that more training must be given to those responsible for conducting benefit assessments, so that what I call invisible conditions, such as autism, are fully understood by those conducting the assessments. I am sure that he, like me, will have had cases where that invisible condition was not recognised.

I am grateful that the Under-Secretary of State for Education, my hon. Friend the Member for Crewe and Nantwich (Mr Timpson), who has responsibility for the draft Children and Families Bill, is in his place. I want to highlight a report prepared last year by the all-party group on autism, which I have the honour of chairing. I know that he has been listening carefully to the points and recommendations made in the report, and I welcome his approach in listening to the points made and already making changes to some of the provisions in the Bill—for example, the inclusion of apprenticeships as part of the future education, health and social care plans. I approach my remarks today in that spirit of engagement and listening.

I mentioned the all-party group’s report. Our inquiry included an online survey in which nearly 1,000 respondents took part. It is, I believe, an authoritative and useful source of information when it comes to the development of policy. Among other things, we recommended that local authorities establish local training needs for special needs and identify where specialist autism knowledge is available to local schools. The funding for specialist training programmes for teachers has to be an important part of that, and we look to the Government for their continued support.

We were concerned about the exclusion of children and young people with autism. They often result, sadly, in lives that turn into criminal justice issues, huge wasted opportunities and expensive mistakes that cost our country dear. We are concerned that schools with a high number of exclusions, permanent or fixed-term, should not be graded as outstanding or good in terms of behaviour, because we regard exclusions as a badge of failure. I say that with respect to all the professionals involved. I understand that it is often difficult to manage young people with autism and other conditions, but exclusions are not the way to deal with the problem. All they do is push the problem on to another agency. It is the equivalent of kicking the can down the road. That is a phrase we often here in this place, but it is what is happening to young people with these conditions far too often.

The all-party group also emphasised that the new system should ensure that all children with autism, whether they have a statement or not, have access to the necessary support, and that there be a lead teacher for autism in every school. We must not forget that children currently in receipt of help under the school action or school action plus schemes might not have needs that are acute enough to merit a statement or an education, health and social care plan, but their needs will remain none the less. I would be interested to hear the Minister’s observations about children in that category.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Thursday 18th October 2012 Commons Chamber

[Mr Speaker]

We are grateful for that.

[Mr Robert Buckland (South Swindon) (Con)]

3. What recent progress his Department has made on rail electrification.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Wednesday 1st February 2012 Commons Chamber

[Mr Speaker]

I call Mr Buckland.

[Mr Buckland]

Question 10, Mr Speaker.

[Mr Speaker]

The hon. Gentleman’s question has been grouped with question 3. His moment is now; his opportunity is here.

[Mr Buckland]

I want to ask about the situation in Somaliland and the aid that has been channelled to that part of the country. What proportion of our aid is going to consolidate the excellent progress that has been made in civil society in Somaliland?

Petition

Debate between Robert Buckland and John Bercow

Monday 10th October 2011 Commons Chamber

Mr Robert Buckland (South Swindon) (Con)

- Hansard -

I present a petition signed by Swindon residents and visitors to our town centre. It is made in respect of established street traders. [Interruption.]

Mr Speaker

- Hansard - - Excerpts

Order. It is rather discourteous. There is a lot of noise, including that being made by a Government Whip, who unaccountably is not staying to hear the presentation of the petition; I cannot imagine why. If Members are leaving the Chamber, I feel sure that they will do so quickly and quietly. [Interruption.] We are grateful to the Whip on duty for toddling back to his place to hear the presentation of the petition.

Mr Buckland

- Hansard -

I am grateful, Mr Speaker.

The future role of established street traders in the life of Swindon town centre is supported by no fewer than 4,371 signatories. The prayer reads as follows:

Wherefore your Petitioners pray that your Honourable House urges the Secretary of State for Communities and Local Government to request that Swindon Borough Council review its policy on street trading in Swindon town centre.

Following is the full text of the petition:

[The Humble Petition of Swindon residents and visitors,

Sheweth that there is support for the street traders of Swindon town centre; that street traders add to the vibrancy of Swindon town centre; and that the future of street trading must be placed on a secure footing.

Wherefore your Petitioners pray that your Honourable House urges the Secretary of State for Communities and Local Government to request that Swindon Borough Council review its policy on street trading in Swindon town centre

And your Petitioners, as in duty bound, will ever pray, &c.]

[P000963]

Swindon Town Centre

Debate between Robert Buckland and John Bercow

Monday 10th October 2011 Commons Chamber

[Mr Robert Buckland (South Swindon) (Con)]

I present a petition signed by Swindon residents and visitors to our town centre. It is made in respect of established street traders. [Interruption.]

[Mr Speaker]

Order. It is rather discourteous. There is a lot of noise, including that being made by a Government Whip, who unaccountably is not staying to hear the presentation of the petition; I cannot imagine why. If Members are leaving the Chamber, I feel sure that they will do so quickly and quietly. [Interruption.] We are grateful to the Whip on duty for toddling back to his place to hear the presentation of the petition.

[Mr Buckland]

I am grateful, Mr Speaker.

The future role of established street traders in the life of Swindon town centre is supported by no fewer than 4,371 signatories. The prayer reads as follows:

Wherefore your Petitioners pray that your Honourable House urges the Secretary of State for Communities and Local Government to request that Swindon Borough Council review its policy on street trading in Swindon town centre.

Following is the full text of the petition:

[The Humble Petition of Swindon residents and visitors,

Sheweth that there is support for the street traders of Swindon town centre; that street traders add to the vibrancy of Swindon town centre; and that the future of street trading must be placed on a secure footing.

Wherefore your Petitioners pray that your Honourable House urges the Secretary of State for Communities and Local Government to request that Swindon Borough Council review its policy on street trading in Swindon town centre

And your Petitioners, as in duty bound, will ever pray, &c.]

[P000963]

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Wednesday 22nd June 2011 Commons Chamber

[Mr Speaker]

Last but not least, I call Mr Robert Buckland.

[Mr Robert Buckland (South Swindon) (Con)]

With the National Audit Office estimating the cost to the economy of criminal reoffending at £10 billion a year, does my right hon. Friend agree that the need to reduce reoffending from the unacceptably high rates that we inherited from the previous Government must be the priority of any penal policy?

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Monday 1st November 2010 Commons Chamber

[Mr Speaker]

Order. I am not quite sure what Members had for either breakfast or lunch, but I think I had better steer clear of both.

[Mr Robert Buckland (South Swindon) (Con)]

6. When she plans to publish her proposals to amend the Licensing Act 2003.