House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

1613

House of Commons

Monday 23 February 2015

Consideration of Bill

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Serious Crime Bill [Lords], As Amended

Note

The Amendments have been arranged in accordance with the Serious Crime Bill

[Lords] Programme (No. 2) Motion to be proposed by Secretary Theresa May.

New Clauses and New Schedules Relating to the Protection of Children

and Others, but not to Abortion; Amendments to Part 5

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”)—
5
(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
10
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”.
15
(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”;

Consideration of Bill: 23 February 2015
1614

Serious Crime Bill-[ [], continued

(b)
in subsection (1)(a), for “prostitution or involvement in pornography”
20
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
25
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
30
(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.

As an Amendment to Secretary Theresa May’s proposed New Clause (Child sexual

exploitation) (NC8):—

Diana Johnson

Jack Dromey

Mr Steve Reed

Seema Malhotra

(a)

Line  27,  leave out “offers or provides sexual services to” and insert “prepares to

engage in, or engages in, sexual activity with”

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—

Consideration of Bill: 23 February 2015
1615

Serious Crime Bill-[ [], continued

(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.

(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—

Consideration of Bill: 23 February 2015
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Serious Crime Bill-[ [], continued

“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.

(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.

Consideration of Bill: 23 February 2015
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Serious Crime Bill-[ [], continued

(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.”

(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.

Consideration of Bill: 23 February 2015
1618

Serious Crime Bill-[ [], continued

John Mann

Sarah Champion

Mrs Mary Glindon

Mr Jim Cunningham

Simon Danczuk

Andrew George

Mr George Howarth

Mr David Anderson

Sir Peter Bottomley

John Hemming

Teresa Pearce

Mark Durkan

Mrs Emma Lewell-Buck

Dr Alasdair McDonnell

Mr Tom Watson

Tessa Munt

Mr Elfyn Llwyd

Mr Brian H. Donohoe

Sir Andrew Stunell

Ann Clwyd

Graeme Morrice

Jeremy Lefroy

Alex Cunningham

Barbara Keeley

Jeremy Corbyn

Rosie Cooper

Ms Gisela Stuart

Guto Bebb

Mr Peter Bone

Mr Michael McCann

Derek Twigg

Martin Caton

NC2

To move the following Clause—


“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.

Ann Coffey

Norman Baker

Mr Elfyn Llwyd

Caroline Lucas

Andy McDonald

Dr Sarah Wollaston

Sir Andrew Stunell

Sir David Amess

Valerie Vaz

Sarah Champion

Mr John Leech

Mrs Emma Lewell-Buck

Sir Peter Bottomley

Meg Munn

Steve Baker

John Cryer

Mrs Madeleine Moon

NC3

To move the following Clause—


“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

Consideration of Bill: 23 February 2015
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Serious Crime Bill-[ [], continued

(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.”

Mr Elfyn Llwyd

NC11

To move the following Clause—


“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



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