House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

1539

House of Commons

Notices of Amendments

given on

Thursday 12 February 2015

For other Amendment(s) see the following page(s) of Supplement to Votes:

1479-80, 1523-24 , 1531-33 and 1535

Consideration of Bill

Serious Crime Bill [Lords], As Amended

Andy McDonald

NC7

To move the following Clause—


“Criminal Cases Review Commission (extension of supplementary powers)

(1)
After section 17 of the Criminal Appeal Act 1995 insert—

“17A
Power to obtain documents and other material (review of cases

involving serious crime)

(1)
In reviewing a case involving a serious crime, the Commission may

apply to the Crown Court for an order requiring a person to provide the

Commission with access to, or a copy of, a document or other material

that is in the person’s possession or under that person’s control.

(2)
The court may make an order applied for under subsection (1) where it is

satisfied that the document or other material may assist the Commission

in the exercise of any of its functions in relation to the review of a case

involving a serious crime.

(3)
An order made under this section may provide for the manner in which

access is required to be given, including—

(a)
removal of a document or other material,

(b)
copying of a document or other material, or

(c)
copying alongside specific provision for inspection and

verification of the original document or other material.

(4)
An order under this section may direct the person named therein not to

destroy, damage or alter the document or other material before the

direction has been discharged or is withdrawn by the court.

(5)
An order under this section may not be applied for against a person on

whom the Commission has imposed a requirement under section 17

Notices of Amendments:
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, continued

(person serving in a public body) until that requirement has been

discharged or withdrawn by the Commission.

(6)
Where an order falling under the terms of subsection (5) has been applied

for, the Commission must draw the especial attention of the court to that

fact and provide an explanatory statement to the court containing the

reasons for the application of the provisions of this section and the

disapplication of the provisions of section 17.

(7)
Subsections (3) and (4) of section 17 apply for the purposes of this

section as they apply for the purposes of that section.”

(2)
At the end of the heading to section 17 of that Act insert “from those serving in

public bodies”.

(3)
In section 25 of that Act (restrictions on onward disclosure without consent)—

(a)
in subsection (1) after “requirement is imposed under section 17” insert

“or by an order under section 17A”; and

(b)
in subsection (2)(a) after “section 17” insert “or 17A””.

Secretary Theresa May

NC8

To move the following Clause—


“Child sexual exploitation

(1)
The Sexual Offences Act 2003 is amended as set out in subsections (2) to (6).

(2)
For the heading before section 47 substitute “Sexual exploitation of children”.

(3)
In section 48 (headed “Causing or inciting child prostitution or pornography”)—

(a)
in the heading, for “child prostitution or pornography” substitute

“sexual exploitation of a child”;

(b)
in subsection (1)(a), for “to become a prostitute, or to be involved in

pornography,” substitute “to be sexually exploited”.

(4)
In section 49 (headed “Controlling a child prostitute or a child involved in

pornography”)—

(a)
in the heading, for “prostitute or a child involved in pornography”

substitute “in relation to sexual exploitation”;

(b)
in subsection (1)(a), for “prostitution or involvement in pornography”

substitute “sexual exploitation”.

(5)
In section 50 (headed “Arranging or facilitating child prostitution or

pornography”)—

(a)
in the heading, for “child prostitution or pornography” substitute

“sexual exploitation of a child”;

(b)
in subsection (1)(a), for “prostitution or involvement in pornography”

substitute “sexual exploitation”.

(6)
In section 51 (interpretation of sections 48 to 50)—

(a)
omit subsection (1);

(b)
for subsection (2) substitute—

“(2)
For the purposes of sections 48 to 50, a person (B) is sexually

exploited if—

(a)
on at least one occasion and whether or not compelled to

do so, B offers or provides sexual services to another

person in return for payment or a promise of payment to

B or a third person, or

Notices of Amendments:
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, continued

(b)
an indecent image of B is recorded;


and “sexual exploitation” is to be interpreted accordingly.”

(7)
In section 1 of the Street Offences Act 1959 (loitering or soliciting for purposes

of prostitution), in subsection (1), after “person” insert “aged 18 or over”.”

Member’s explanatory statement

This New Clause replaces the references to child prostitution and pornography in sections 48 to

51 of the Sexual Offences Act 2003 with references to the sexual exploitation of children (without

altering the substance of the relevant offences), and also restricts to adults the offence of loitering

or soliciting for the purposes of prostitution.

Secretary Theresa May

NC9

To move the following Clause—


“Duty to notify police of female genital mutilation

After section 5A of the Female Genital Mutilation Act 2003 (inserted by section

72 above) insert—

“5B
Duty to notify police of female genital mutilation

(1)
A person who works in a regulated profession in England and Wales

must make a notification under this section (an “FGM notification”) if, in

the course of his or her work in the profession, the person discovers that

an act of female genital mutilation appears to have been carried out on a

girl who is aged under 18.

(2)
For the purposes of this section—

(a)
a person works in a “regulated profession” if the person is—

(i)
a healthcare professional,

(ii)
a teacher, or

(iii)
a social care worker in Wales;

(b)
a person “discovers” that an act of female genital mutilation

appears to have been carried out on a girl in either of the

following two cases.

(3)
The first case is where the girl informs the person that an act of female

genital mutilation (however described) has been carried out on her.

(4)
The second case is where—

(a)
the person observes physical signs on the girl appearing to show

that an act of female genital mutilation has been carried out on

her, and

(b)
the person has no reason to believe that the act was, or was part

of, a surgical operation within section 1(2)(a) or (b).

(5)
An FGM notification—

(a)
is to be made to the chief officer of police for the area in which

the girl resides;

(b)
must identify the girl and explain why the notification is made;

(c)
must be made before the end of one month from the time when

the person making the notification first discovers that an act of

female genital mutilation appears to have been carried out on the

girl;

(d)
may be made orally or in writing.

Notices of Amendments:
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(6)
The duty of a person working in a particular regulated profession to make

an FGM notification does not apply if the person has reason to believe

that another person working in that profession has previously made an

FGM notification in connection with the same act of female genital

mutilation.


For this purpose, all persons falling within subsection (2)(a)(i) are to be

treated as working in the same regulated profession.

(7)
A disclosure made in an FGM notification does not breach—

(a)
any obligation of confidence owed by the person making the

disclosure, or

(b)
any other restriction on the disclosure of information.

(8)
The Secretary of State may by regulations amend this section for the

purpose of adding, removing or otherwise altering the descriptions of

persons regarded as working in a “regulated profession” for the purposes

of this section.

(9)
The power to make regulations under this section—

(a)
is exercisable by statutory instrument;

(b)
includes power to make consequential, transitional, transitory or

saving provision.

(10)
A statutory instrument containing regulations under this section is not to

be made unless a draft of the instrument has been laid before, and

approved by a resolution of, each House of Parliament.

(11)
In this section—

“act of female genital mutilation” means an act of a kind mentioned in

section 1(1);

“healthcare professional” means a person registered with any of the

regulatory bodies mentioned in section 25(3) of the National Health

Service Reform and Health Care Professions Act 2002 (bodies within

remit of the Professional Standards Authority for Health and Social

Care);

“registered”, in relation to a regulatory body, means registered in a register

that the body maintains by virtue of any enactment;

“social care worker” means a person registered in a register maintained by

the Care Council for Wales under section 56 of the Care Standards Act

2000;

“teacher” means—

(a)
in relation to England, a person within section 141A(1) of the

Education Act 2002 (persons employed or engaged to carry out

teaching work at schools and other institutions in England);

(b)
in relation to Wales, a person who falls within a category listed

in the table in paragraph 1 of Schedule 2 to the Education

(Wales) Act 2014 (anaw 5) (categories of registration for

purposes of Part 2 of that Act) or any other person employed or

engaged as a teacher at a school (within the meaning of the

Education Act 1996) in Wales.

Notices of Amendments:
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(12)
For the purposes of the definition of “healthcare professional”, the

following provisions of section 25 of the National Health Service Reform

and Health Care Professions Act 2002 are to be ignored—

(a)
paragraph (g) of subsection (3);

(b)
subsection (3A).””

Member’s explanatory statement

This New Clause requires persons working in a “regulated profession” (healthcare professionals,

teachers and social care workers) 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 18.

Secretary Theresa May

NC10

To move the following Clause—


“Guidance about female genital mutilation

(1)
After section 5B of the Female Genital Mutilation Act 2003 (inserted by section

(Duty to notify police of female genital mutilation) above) insert—

“5C
Guidance

(1)
The Secretary of State may issue guidance to whatever persons in

England and Wales the Secretary of State considers appropriate about—

(a)
the effect of any provision of this Act, or

(b)
other matters relating to female genital mutilation.

(2)
A person exercising public functions to whom guidance is given under

this section must have regard to it in the exercise of those functions.

(3)
Nothing in this section permits the Secretary of State to give guidance to

any court or tribunal.

(4)
Before issuing guidance under this section the Secretary of State must

consult—

(a)
the Welsh Ministers so far as the guidance is to a body exercising

devolved Welsh functions;

(b)
any person whom the Secretary of State considers appropriate.

(5)
A body is exercising “devolved Welsh functions” if its functions are

exercisable only in or as regards Wales and are wholly or mainly

functions relating to—

(a)
a matter in respect of which functions are exercisable by the

Welsh Ministers, the First Minister for Wales or the Counsel

General to the Welsh Government, or

(b)
a matter within the legislative competence of the National

Assembly for Wales.

(6)
The Secretary of State may from time to time revise any guidance issued

under this section.

(7)
Subsections (2) and (3) have effect in relation to any revised guidance.

(8)
Subsection (4) has effect in relation to any revised guidance unless the

Secretary of State considers the proposed revisions of the guidance are

insubstantial.

(9)
The Secretary of State must publish the current version of any guidance

issued under this section.”

Notices of Amendments:
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(2)
Consultation for the purposes of subsection (4) of section 5C of the Female

Genital Mutilation Act 2003 (inserted by subsection (1) above) may be, or

include, consultation before the coming into force of this section.”

Member’s explanatory statement

This New Clause confers a power on the Secretary of State to issue guidance about the effect of

any provision of the Female Genital Mutilation Act 2003 or about other matters relating to female

genital mutilation.

Secretary Theresa May

Clause  65,  page  52,  line  45,  at end insert—

“( )
An application to a sheriff for an order under section 60, 61, 63 or 64 must be

made by summary application.”

Member’s explanatory statement

Under clauses 60, 61, 63 and 64 an application may be made to the appropriate court (in Scotland,

a sheriff) for continued retention of seized substances, for forfeiture or return of substances and

for compensation where no forfeiture order is made. This amendment provides that such

applications to a sheriff must be made by summary application.

Secretary Theresa May

Clause  80,  page  83,  line  24,  at end insert—

“( )
Subsection (7) of section (Child sexual exploitation) and paragraph 1A of

Schedule 4 do not apply in the case of an offence proceedings for which are

started before the commencement of that subsection.”

Member’s explanatory statement

This amendment is consequential on subsection (7) of New Clause 8 [Child sexual exploitation].

It provides that the restriction of the offence of loitering or soliciting for the purposes of

prostitution to persons aged 18 or over does not apply where proceedings for such an offence have

started prior to commencement of that subsection.

Secretary Theresa May

Clause  81,  page  84,  line  27,  leave out paragraphs (d) and (e) and insert—

“( )
sections 66 to (Child sexual exploitation);”

Member’s explanatory statement

This amendment is consequential on New Clause 8 [Child sexual exploitation]. It provides that the

New Clause extends to England and Wales only.

Secretary Theresa May

Clause  81,  page  84,  line  28,  at end insert—

“( )
sections (Duty to notify police of female genital mutilation) and

(Guidance about female genital mutilation);”.

Member’s explanatory statement

This amendment and amendment 7 are consequential on New Clauses 9 and 10 [Duty to notify

police of female genital mutilation] and [Guidance about female genital mutilation]. They provide

that the new clauses and the new sections they insert into the Female Genital Mutilation Act 2003

extend to England and Wales only.

Notices of Amendments:
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, continued

Secretary Theresa May

Schedule  4,  page  108,  line  38,  at end insert—

“Street Offences Act 1959 (c. 57)

1A  (1)
The Schedule to the Street Offences Act 1959 (orders under section 1(2A):

breach, amendment etc) is amended as follows.

      (2)
In paragraphs 2(3), 3(3) and 5(4), for paragraphs (a) and (b) substitute “a

magistrates’ court acting in the relevant local justice area”.

      (3)
In paragraph 9(2), for paragraphs (a) and (b) substitute “any magistrates’

court”.

      (4)
Omit paragraph 9(4).

      (5)
In paragraph 10(4), for paragraphs (a) and (b) substitute “to a prison”.

      (6)
Omit paragraph 10(5).

      (7)
In paragraph 11(1) omit “youth court or other”.”

Member’s explanatory statement

This amendment makes consequential amendments to the Street Offences Act 1959 as a result of

the restriction of the offence of loitering or soliciting for the purposes of prostitution to persons

aged 18 or over, as provided for in subsection (7) of New Clause 8 [Child sexual exploitation].

Secretary Theresa May

Schedule  4,  page  117,  line  3,  at end insert—

    “( )
In Schedule 2 to that Act (lifestyle offences: England and Wales), in paragraph

8 (prostitution and child sex), sub-paragraph (2) is amended as follows.

      ( )
In paragraph (b), for “child prostitution or pornography” substitute “sexual

exploitation of a child”.

      ( )
In paragraph (c), for “prostitute or a child involved in pornography” substitute

“in relation to sexual exploitation”.

      ( )
In paragraph (d), for “child prostitution or pornography” substitute “sexual

exploitation of a child”.”

Member’s explanatory statement

This amendment and amendments 9 and 11 to 17 are consequential on New Clause 8 [Child sexual

exploitation]. In each case they carry through to other legislative provisions the changes to the

nomenclature used in the offences in sections 48 to 50 of the Sexual Offences Act 2003, as amended

by the New Clause.

Secretary Theresa May

Schedule  4,  page  117,  line  6,  at end insert—

“Female Genital Mutilation Act 2003 (c.31)


In section 8 of the Female Genital Mutilation Act 2003 (extent etc), in

subsection (4) after “Scotland” insert “and sections 5B and 5C do not extend

to Northern Ireland”.



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