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7 pm
Sir Paul Beresford: It is going to be an evening of warm words and pledges, but in the circumstances I cannot but accept those offered by the Minister.
Certainly Government amendments Nos. 83 and 84 are welcome. I neglected to say earlier that not only has there been close co-operation in Committee, which seems to be duplicated this evening, but the internet taskforce, which the Minister chairs, and its offshoots have a huge number of experts in various areas, and it may be that the amendments were derived from those experts.
I am sorry that amendment No. 190 is not acceptable, but I am certainly relieved that the sledgehammer tendency will continue and that there is a possibility of Government proposals on this matter. The same applies to the two new clauses.
We have rattled cages again this evening, and the Government have accepted that they need to look into these matters. On those grounds, I beg to ask leave to withdraw the motion.
Motion and clause, by leave, withdrawn.
New Clause 9
Sections 17 To 20: Exemption for Same Sex Relationships
'(1) Conduct by a person (A) which would otherwise be an offence under any of sections 17 to 20 against another person (B) is not an offence under that section, if—
(a) B is 16 or over, and
(b) prior to the position of trust existing and the consent of the person or persons specified in subsection (2) below apply.
(2) The consents are—
(a) subject to paragraphs (b) to (d) of this subsection, the consent of—
(i) each parent (if any) of B who has parental responsibility for him; and
(ii) each guardian (if any) of B;
(b) where a residence order is in force with respect to B, the consent of the person or persons with whom he lives, or is to live, as a result of the order (in substitution for the consents mentioned in paragraph (a) of this subsection);
(c) where a care order is in force with respect to B, the consent of the local authority designated in the order (in addition to the consents mentioned in paragraph (a) of this subsection);
(d) where neither paragraph (b) or (c) of this subsection applies but a residence order was in force with respect to B immediately before he reached the age of sixteen, the consent of the person or persons with whom he lived, or was to live, as a result of the order (in substitution for the consents mentioned in paragraph (a) of this subsection).
(3) In this section "guardian", "parental responsibility", "residence order" and "care order" have the same meaning as in the Children Act 1989.'.—[Dr. Evan Harris.]
Brought up, and read the First time.
Dr. Evan Harris : I beg to move, That the clause be read a Second time.
Mr. Deputy Speaker: With this it will be convenient to discuss the following: Government amendments Nos. 118 and 10 to 12.
Amendment No. 185, in page 14, line 14 [Clause 25], at end insert
'and the relationship commenced before the defendant was aware that he would be in a position of trust.'.
Amendment No. 181, in page 14, line 17 [Clause 25], leave out subsection (3) and insert—
'(3) Subsection (1) does not apply if (A) could have predicted that he would eventually assume a position of trust.'.
Amendment No. 148, in page 17, line 10 [Clause 31], after 'disorder', insert 'or learning disability'.
Amendment No. 149, in page 17, line 12 [Clause 31], after 'disorder', insert 'or learning disability'.
Government amendments Nos. 22 and 25.
Amendment No. 150, in page 17, line 35 [Clause 32], after 'disorder', insert 'or learning disability'.
Amendment No. 151, in page 17, line 37 [Clause 32], after 'disorder', insert 'or learning disability'.
Government amendments Nos. 26 and 29.
Amendment No. 152, in page 18, line 20 [Clause 33], after 'disorder', insert 'or learning disability'.
Amendment No. 153, in page 18, line 22 [Clause 33], after 'disorder', insert 'or learning disability'.
Government amendments Nos. 30 and 31.
Amendment No. 154, in page 18, line 39 [Clause 34], after 'disorder', insert 'or learning disability'.
Amendment No. 155, in page 18, line 41 [Clause 34], after 'disorder', insert 'or learning disability'.
Amendment No. 156, in page 19, line 19 [Clause 35], after 'disorder', insert 'or learning disability'.
Amendment No. 157, in page 19, line 21 [Clause 35], after 'disorder', insert 'or learning disability'.
Amendment No. 158, in page 19, line 39 [Clause 36], after 'disorder', insert 'or learning disability'.
Amendment No. 159, in page 19, line 41 [Clause 36], after 'disorder', insert 'or learning disability'.
Amendment No. 160, in page 20, line 22 [Clause 37], after 'disorder', insert 'or learning disability'.
Amendment No. 161, in page 20, line 24 [Clause 37], after 'disorder', insert 'or learning disability'.
Amendment No. 162, in page 20, line 40 [Clause 38], after 'disorder', insert 'or learning disability'.
Amendment No. 163, in page 20, line 42 [Clause 38], after 'disorder', insert 'or learning disability'.
Amendment No. 164, in page 21, line 8 [Clause 39], after 'disorder', insert 'or learning disability'.
Amendment No. 165, in page 21, line 10 [Clause 39], after 'disorder', insert 'or learning disability'.
Amendment No. 188, in page 21, line 11 [Clause 39], at end insert—
'( ) A person is not guilty of an offence under this section if—
(a) the touching was for the purpose of sex education, and
(b) B is a person with profound and multiple disabilities such that they require intensive and intimate support to understand and receive sex education, and
(c) the education is necessary to protect B from possible abuse or harm, and
(d) there is no alternative means of delivering this sex education because of the nature of B's disability, and
(e) the education is carried out by qualified specialists or by staff who have received training to meet the specific needs of B, and
(f) the decision to provide such sex education has been recommended by a multidisciplinary team.'.
Amendment No. 166, in page 21, line 13 [Clause 39], after 'disorder', insert 'or learning disability'.
Amendment No. 167, in page 21, line 15 [Clause 39], after 'disorder', insert 'or learning disability'.
Amendment No. 168, in page 21, line 36 [Clause 40], after 'disorder', insert 'or learning disability'.
Amendment No. 169, in page 21, line 38 [Clause 40], after 'disorder', insert 'or learning disability'.
Amendment No. 189, in page 21, line 39 [Clause 40], at end insert—
'( ) A person is not guilty of an offence under this section if—
(a) A's action was for the purpose of sex education and,
(b) B is a person with profound and multiple disabilities such that they require intensive and intimate support to understand and receive sex education, and
(c) the education is necessary to protect B from possible abuse or harm, and
(d) there is no alternative means of delivering this sex education because of the nature of B's disability, and
(e) the education is carried out by qualified specialists or by staff who have received training to meet the specific needs of B, and
(f) the decision to provide such sex education has been recommended by a multidisciplinary team.'.
Amendment No. 170, in page 21, line 41 [Clause 40], after 'disorder', insert 'or learning disability'.
Amendment No. 171, in page 21, line 43 [Clause 40], after 'disorder', insert 'or learning disability'.
Amendment No. 172, in page 22, line 26 [Clause 41], after 'disorder', insert 'or learning disability'.
Amendment No. 173, in page 22, line 28 [Clause 41], after 'disorder', insert 'or learning disability'.
Amendment No. 174, in page 22, line 31 [Clause 41], after 'disorder', insert 'or learning disability'.
Amendment No. 175, in page 22, line 33 [Clause 41], after 'disorder', insert 'or learning disability'.
Amendment No. 176, in page 23, line 1 [Clause 42], after 'disorder', insert 'or learning disability'.
Amendment No. 177, in page 23, line 3 [Clause 42], after 'disorder', insert 'or learning disability'.
Amendment No. 178, in page 23, line 6 [Clause 42], after 'disorder', insert 'or learning disability'.
Amendment No. 179, in page 23, line 8 [Clause 42], after 'disorder', insert 'or learning disability'.
Amendment No. 180, in page 23, line 34 [Clause 43], after 'disorder', insert 'or learning disability'.
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