Session 2014 - 15
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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direction has been discharged or is withdrawn by the court.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discharged or withdrawn by the Commission.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


 
 

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1541

 

, 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.


 
 

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, continued

 
 

(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:                               

1543

 

, continued

 
 

(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:                               

1544

 

, continued

 
 

(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:                               

1545

 

, 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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