House of Commons Public Bill Committee Proceedings

Session 2014 - 15
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Other Bills before Parliament

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(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).

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(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).

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(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.”

Seema Malhotra

Jack Dromey

Mr Steve Reed

Not called  NC16

To move the following Clause—


“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—

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(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.””

Yvette Cooper

Seema Malhotra

Jack Dromey

Mr Steve Reed

Negatived on division  NC17

To move the following Clause—


“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;

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(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 expolitation 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.”

Mr Dominic Raab

Keith Vaz

Sir Malcolm Rifkind

Sir Menzies Campbell

Margaret Hodge

Sir Edward Garnier

Norman Baker

Mr John Whittingdale

Mr Ben Bradshaw

Dr Sarah Wollaston

Mr Charles Walker

Tessa Munt

Mr David Davies

Stephen Barclay

Sir Peter Bottomley

Andrew Rosindell

Tim Loughton

Nick de Bois

Zac Goldsmith

Dr Julian Lewis

Dr Phillip Lee

Jacob Rees-Mogg

Not called  NC18

To move the following Clause—


“Excluded persons (involvement in serious crime): publication of names

(1)
Where the Secretary of State has exercised prerogative powers to exclude from,

or deny entry into, the United Kingdom any foreign national on grounds of a

reasonable belief that the named person has benefited from, or has a material

connection to or involvement in, one or more serious crimes, including but not

limited, to the commission of—

(a)
an act or acts deliberately undertaken to foster extremism or hatred;

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(b)
an act or acts deliberately undertaken to facilitate, contribute to, support,

encourage or promote terrorism;

(c)
an act or acts of torture or any other international crime or serious

violation of international human rights law; or

(d)
a money-laundering offence or any other offence relating to serious or

ororganised crime or more than one such offence,


the Secretary of State shall, subject to subsection (2), publish the name of each

such person, and the ground or grounds for exclusion, within one month of the

exclusion coming into effect.

(2)
The publication of the name of an excluded person under subsection (1) may be

deferred by the Secretary of State, where there are reasonable grounds for

believing that such publication would present a risk to—

(a)
national security or public safety;

(b)
enable suspects in a United Kingdom criminal investigation to avoid

arrest, or

(c)
materially reduce the prospects of a conviction in an existing criminal

prosecution in the United Kingdom,


for no longer than is required to materially mitigate the risk or risks identified in

this subsection and, in any case for no longer than up to a maximum of six

months.

(3)
In the case of a deferred publication of the name of an excluded person, the

Secretary of State shall, on publication of such a deferred name, also publish a

statement identifying which risk, or which of the risks, identified in subsection (2)

applied in making the decision to defer publication.

(4)
This section shall apply to persons already excluded from, or denied entry into,

the United Kingdom, on grounds included in subsection (1), from the date on

which it comes into force.”

Sarah Champion

Yvette Cooper

Seema Malhotra

Diana Johnson

Negatived on division  NC19

To move the following Clause—


“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

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(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”).



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