| Sexual Offences Bill [Lords]
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The Solicitor-General: I understand that Respond and Voice UK, which are concerned with and advocates for that client group, are worried about whether, and in what circumstances, such education would be appropriate. It is because of the controversy surrounding the issue that there are no national guidelines. Contrary to what may be implied in the amendments, there are no recognised qualifications Column Number: 243 to cover such forms of sex education. People who are vulnerable by virtue of a mental disorder are targeted for sexual abuse by predatory individuals. Although the overwhelming majority of care workers are conscientious, a small minority have used their positions of trust to take advantage of the vulnerability of those in their care. We must not create a loophole through which the unscrupulous, whose behaviour was abusive, could claim to be providing sex education.Sandra Gidley: As I explained earlier, we have tried hard to avoid creating that loophole. Will the Solicitor-General explain how it might work? The Solicitor-General: I understand that there is not yet consensus around the amendment and having a legislative exemption in the Bill. Some would argue that that is properly a matter for prosecutorial discretion. I am not convinced that we have consensus or, if we do, whether the legislative answer is watertight enough, so that we do not undermine the protection that we are seeking to provide. For those reasons, I ask the Committee to resist the amendments. My hon. Friend the Under-Secretary met Sense last night to discuss the relevant issues. Perhaps we can—as ever—find consensus, so that we all know what we are talking about, and all those involved in this important, difficult area of work are agreed about what is and is not appropriate and what is and is not necessary. If we can achieve consensus, or at least identify it, and identify the legislative amendment that would give effect to that consensus in the Bill, we will consider tabling it. We are not unsympathetic to the point that is being raised but we must be aware of the difficulties in this sector. Frankly, we must be guided by those involved on the front line in this difficult sector—the parents and care workers. I ask the hon. Members for Romsey and for Woking not to press the amendments. This is another part of the Bill on which discussion will be ongoing. If we do not find consensus, or if we find consensus but no legislative expression for it in which we feel confident, we shall not be able to table amendments on Report. We shall certainly try to find consensus. My hon. Friend the Under-Secretary is already engaging in that process. Sandra Gidley: I thank the Solicitor-General for her response. I am still unconvinced that there are loopholes. I have yet to hear how such a loophole would be exploited. However, I take the point that there is no consensus in the sector. Despite what I have said, I, too, am concerned that we get it right and do not provide loopholes. I intend to discuss the matter with Respond and Voice UK, with a view, if the Government do not table further amendments on Report, to having another go at that stage. I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn. Amendments made: No. 74, in
No. 75, in Column Number: 244
Clause 40, as amended, ordered to stand part of the Bill.
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| Prepared 16 September 2003 | |
