Session 2014 - 15
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479

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Monday 23 February 2015

 

Report Stage Proceedings

 

Serious Crime Bill [Lords], As Amended


 

New Clauses

 

Secretary Theresa May

 

Added  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


 
 

:                                             

480

 

, 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”.”

 

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

 

exploitation) (NC8):—

 

Diana Johnson

 

Jack Dromey

 

Mr Steve Reed

 

Seema Malhotra

 

Not called  (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

 

Added  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).


 
 

:                                             

481

 

, continued

 
 

(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—

 

“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);


 
 

:                                             

482

 

, continued

 
 

(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).””

 


 

Secretary Theresa May

 

Added  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.


 
 

:                                             

483

 

, continued

 
 

(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.”

 


 

Secretary Theresa May

 

Added  NC23

 

To move the following Clause

 

         

“Throwing articles into prisons

 

After section 40CA of the Prison Act 1952 (inserted by section 75 above) insert—

 

“40CB

Throwing articles into prison

 

(1)    

A person who, without authorisation, throws any article or substance into

 

a prison is guilty of an offence.

 

(2)    

For the purposes of subsection (1)—

 

(a)    

the reference to an article or substance does not include a

 

reference to a List A article, a List B article or a List C article (as

 

defined by section 40A);

 

(b)    

the reference to “throwing” an article or substance into a prison

 

includes a reference to doing anything from outside the prison

 

that results in the article or substance being projected or

 

conveyed over or through a boundary of the prison so as to land

 

inside the prison.

 

(3)    

In proceedings for an offence under this section it is a defence for the

 

accused to show that—

 

(a)    

he reasonably believed that he had authorisation to do the act in

 

respect of which the proceedings are brought, or

 

(b)    

in all the circumstances there was an overriding public interest

 

which justified the doing of that act.

 

(4)    

A person guilty of an offence under subsection (1) is liable—

 

(a)    

on conviction on indictment, to imprisonment for a term not

 

exceeding two years or to a fine (or both);

 

(b)    

on summary conviction, to imprisonment for a term not

 

exceeding 12 months or to a fine (or both).

 

(5)    

In this section “authorisation” means authorisation given for the purposes

 

of this section; and subsections (1) to (3) of section 40E apply in relation

 

to authorisations so given as they apply to authorisations given for the

 

purposes of section 40D.””

 



 
 

:                                             

484

 

, continued

 
 

Secretary Theresa May

 

Added  NC24

 

To move the following Clause

 

         

“Codes of practice about investigatory powers: journalistic sources

 

In section 71 of the Regulation of Investigatory Powers Act 2000 (issue and

 

revision of codes of practice), after subsection (2) insert—

 

“(2A)    

A code of practice under subsection (1) that relates (expressly or

 

otherwise) to the exercise and performance, in connection with the

 

prevention or detection of serious crime, of powers and duties conferred

 

or imposed by or under Part 1 of this Act—

 

(a)    

shall include provision designed to protect the public interest in

 

the confidentiality of journalistic sources;

 

(b)    

shall not be issued unless the Secretary of State has first

 

consulted the Interception of Communications Commissioner

 

and considered any relevant report made to the Prime Minister

 

under section 58.””

 



 
 

:                                             

485

 

, continued

 
 

Fiona Bruce

 

Robert Flello

 

Steve Baker

 

Mr David Burrowes

 

Mr Dominic Grieve

 

Sir David Amess

 

Mr Joe Benton

 

Richard Benyon

 

Jake Berry

 

Mr Brian Binley

 

Bob Blackman

 

Mr Graham Brady

 

Angie Bray

 

Mr Peter Bone

 

Sir Peter Bottomley

 

Conor Burns

 

Paul Burstow

 

Alistair Burt

 

Mr Ronnie Campbell

 

Sir William Cash

 

Martin Caton

 

Mr Tom Clarke

 

Ann Clwyd

 

Oliver Colvile

 

Michael Connarty

 

Rosie Cooper

 

Alex Cunningham

 

David T.C. Davies

 

Nick de Bois

 

Mr Nigel Dodds

 

Mr Jefffrey M. Donaldson

 

Mark Durkan

 

Bill Esterson

 

Jonathan Evans

 

Mr Nigel Evans

 

Mr Frank Field

 

Dr Liam Fox

 

Sir Roger Gale

 

Mrs Cheryl Gillan

 

Mr James Gray

 

Damian Green

 

Mr Dai Havard

 

Chris Heaton-Harris

 

John Hemming

 

Mr Mark Hoban

 

Kate Hoey

 

Mr Philip Hollobone

 

Kelvin Hopkins

 

Sir Gerald Howarth

 

Mr Stewart Jackson

 

Jeremy Lefroy

 

Sir Edward Leigh

 

Naomi Long

 

Sir Peter Luff

 

Mark Menzies

 

Mr David Nuttall

 

Mr Mark Prisk

 

Jacob Rees-Mogg

 

Jim Shannon

 

Mr Virendra Sharma

 

Jim Sheridan

 

David Simpson

 

Henry Smith

 

Mrs Caroline Spelman

 

John Stevenson

 

Sarah Teather

 

Mr Michael Thornton

 

Martin Vickers

 

Dame Angela Watkinson

 

Craig Whittaker

 

Bill Wiggin

 

Paul Maynard

 

Mr Alan Reid

 

Mr Christopher Chope

 

Mrs Mary Glindon

 

Gordon Henderson

 

Mr Dave Watts

 

Mr Charles Walker

 

Sir Nick Harvey

 

Mark Pritchard

 

Mr Gary Streeter

 

Graham Evans

 

Mark Reckless

 

Daniel Kawczynski

 

Karl McCartney

 

Stephen McPartland

 

Mr Laurence Robertson

 

Mr Douglas Carswell

 

Mr Gregory Campbell

 

David Simpson

 

Dr Julian Lewis

 

Ms Margaret Ritchie

 

Jackie Doyle-Price

 

Stephen Pound

 

Thomas Docherty

 

Sammy Wilson

 

Pat Glass

 

Sir Alan Beith

 

Mr Jim Cunningham

 

Charlotte Leslie

 

Mr Gordon Marsden

 

Peter Aldous

 

Sir James Paice

 

Sir Greg Knight

 

John Pugh

 

Nadine Dorries

 

Negatived on division  NC1

 

To move the following Clause

 

         

“Termination of pregnancy on the grounds of the sex of the unborn child

 

Nothing in section 1 of the Abortion Act 1967 is to be interpreted as allowing a

 

pregnancy to be terminated on the grounds of the sex of the unborn child.”

 



 
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