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'.--At the end of section 53(5) Regulation of Investigatory Powers Act 2000 there is added--
"(c) on conviction on indictment, to imprisonment of a term not exceeding ten years or to a fine, or to both, where the encrypted material has been seized under section IV of the Protection of Children Act 1978.
(d) on summary conviction to imprisonment for a term not exceeding five years or to a fine not exceeding the statutory maximum or both where the encrypted material has been seized under section IV of the Protection of Children Act 1978".'.
'.--For section 35(3) of the Criminal Justice Act 1988 (Scope of Part IV), there is substituted--
"(3) This Part of the Act applies to any case in which sentence is passed on a person--
(a) for an offence triable only on indictment; or
(b) for an offence of a description specified in an order under this section; or
(c) for an offence under the Protection of Children Act 1978; or
(d) for an offence under section 160 of the Criminal Justice Act 1988".'.
Miss Widdecombe: The Opposition first raised this issue in an amendment to the Criminal Justice and Court Services Bill, which was considered by the House nine months ago. On four occasions the Government rejected our amendments to that Bill, and they were also rejected at the Committee stage of this Bill.
The new clause is designed to close a loophole in the current law, in order to tackle paedophiles who lure or entice young children using internet chat rooms into meeting them offline for sex. I pay tribute to the work of the charity Childnet International, which has campaigned on the issue for some time and which first suggested the wording of the new clause to us.
Internet chat rooms can be a positive way to bring children together, but there are obvious dangers to children who use them unsupervised. Paedophiles across the world have recognised the opportunity that the internet has given them to contact children anonymously and at a safe distance, and then to build up an online, and subsequently an offline, relationship with the sole purpose of persuading the children to meet them in order to engage in sexual activity. The techniques that paedophiles use to entice children into sexual activity are known as "grooming".
It is, at the very least, unclear whether the current law affords children the protection they need from online grooming. I believe that the addition of the words "or entices" to the 1960 Act could offer them a degree of certain protection that at present is not available.
Internet chat rooms allow the predatory paedophile invisible access to impressionable younger teenagers from a safe distance, allowing contact to be made while the child is using the internet in the secure surroundings of its own home, or even possibly its own bedroom. Once contact has been made, the process of grooming proceeds with e-mail messages, and also, perhaps, use of the child's mobile phone.
The paedophile might easily represent himself as an older teenager or as someone in his very early 20s. Particularly for young teenage girls, the attentions of someone whom they believe to be an older boy or a young man is especially flattering. They are immediately lulled into a false sense of security, although the process of grooming can go on for weeks and indeed months, as it may take that long to make the child feel comfortable and at ease. At the end of that process, the paedophile proposes an offline meeting.
The results of that meeting can be devastating to the young person concerned. Innumerable cases of sexual abuse as a result of such meetings have been reported in the press. This month, for example, we heard of the case of Mark Stephens, a 45-year-old van driver who seduced
The first is that of the girl known as "Georgie". At the age of 13, she began to use internet chat rooms, and she became infatuated with an online "friend" who told her that he was an older teenager. They began talking on the phone, and gradually the relationship took on a sexual aspect. They arranged to meet, without her knowing what this supposed teenage boy even looked like. Luckily, however, her mother went along as well. It was clear at the meeting that the man was not a teenager but was middle-aged. The mother's presence stopped anything from happening, but--this is the crucial point--police could take no action against the man because no physical assault had occurred. Charges of conspiracy to commit an act of gross indecency were dropped.
The second case is that of the convicted paedophile Patrick Green. Last year, he was sentenced at Aylesbury Crown court to five years' imprisonment for sexually assaulting a 13-year-old girl whom he had lured into meeting him using an internet chat room. However, before his conviction, he was released on bail and began to communicate with another teenage girl using a chat room. He arranged to meet that girl, but he was caught by police while travelling to meet her for sex. Again, however, as no assault had occurred, and regardless of his record, no action could be taken against him in relation to the second girl.
It would seem from those cases and others like them that the law offers too little protection for children, as a sexual assault has actually to be committed before charges can be brought. However, an offence of enticement such as we are proposing would enable charges to be brought in those cases, which at the very least would have removed for a while the threat of the men involved contacting, grooming and approaching children online.
When police are able to intervene after a paedophile has turned up for a meeting, but before a sexual assault has occurred, the offence of enticement could be proved relatively quickly and easily with e-mail or other documentary evidence. We believe that that would be a strong preventive measure and send a clear signal to those who try to entice children online.
The Minister will undoubtedly say that the amendment is unnecessary and that current law is adequate. Indeed, I believe that to be the Government's position. In a letter to me of 8 November 2000, the Home Secretary said that the law did not need amending at all. He wrote:
Our previous amendments, including the new clause moved in Committee, were criticised because they applied only to online activity. The Minister and his colleagues argued that the law should cover both online and offline activity. We accepted that, and new clause 5 meets that test.
It has been argued that such provision would create "thought crime", but I do not think that it would. The amendment would focus on the actions of the predatory paedophile enticing a child for the purposes of sex. There would have to be real and available documentary evidence. I am told that the experience of other countries has shown that the creation of such an offence has allowed adults who are a danger to children to be convicted, rather than their getting away scot-free, as happened in the cases that I have just described.
I conclude my comments by acknowledging the seriousness of the matter. We are giving it serious consideration".--[Official Report, Standing Committee F, 6 March 2001; c. 533.]