House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Consideration of Bill: 19 May 2009
922

Policing and Crime Bill, continued

“64A
Paying for sexual services of a prostitute known to be trafficked or

coerced: Northern Ireland

(1)
A person (A) commits an offence if—

(a)
A makes or promises payment for, or uses, the sexual services of

prostitute (B), and

(b)
A knows, or ought to know,

(i)
that B is the victim of trafficking.

(ii)
that the sexual services have been provided through

coercion of B,

(iii)
that B has provided sexual services in order to gain

access to controlled drugs, or

(iv)
that a third party has influenced the activity of B by

direction or instruction in circumstances where B does

not freely consent to such direction or instruction.

(2)
It is irrelevant where the sexual services have been or will be provided.

(3)
In this section, ‘trafficking’ means the recruitment, transportation,

transfer, harbouring or receipt of persons, by means of the threat or use

of force or other forms of coercion, of abduction, of fraud, of deception,

of the abuse of power or of a position of vulnerability or of the giving or

receiving of payments or benefits to achieve the consent of a person

having control over another person, for the purpose of exploitation.

(4)
In this section, ‘coercion of B’ includes—

(a)
violence against B or another person,

(b)
threats against B or another person, or

(c)
intimidation of B.

(5)
A person guilty of an offence under this section is liable—

(a)
on summary conviction, to imprisonment for a term not

exceeding 6 months, or a fine not exceeding the statutory

maximum, or both;

(b)
on conviction on indictment, to imprisonment for a term not

exceeding 14 years.”’.

Definition of a brothel

John McDonnell

Lynne Jones

Dr Evan Harris

Paul Holmes

Chris Huhne

NC37

To move the following Clause:—

‘(1)
The Sexual Offences Act 1956 is amended as follows.

(2)
After section 33A insert—

Consideration of Bill: 19 May 2009
923

Policing and Crime Bill, continued

“33B
Definition of a brothel

(1)
Premises shall not be regarded as a brothel where—

(a)
no more than two prostitutes, with or without a maid, are

working together or separately on any given day; and

(b)
each prostitute retains control over her or his individual earnings

from the prostitution carried out at the premises.

(2)
In this section ‘prostitute’ has the meaning given by section 51(2) of the

Sexual Offence Act 2003.”’.

Decriminalisation of associated workers in brothels

Mr Anthony Steen

Dr Evan Harris

Paul Holmes

Chris Huhne

NC38

To move the following Clause:—

‘(1)
The Sexual Offences Act 1956 is amended as follows.

(2)
After section 33A insert—

“33B
Associated workers in brothels

For the purposes of section 33 and 33A, a person who is not directly

involved in the provision of sexual services is not to be treated as

assisting in the management of a brothel by reason only of being

employed in a brothel.”’.

Dr Evan Harris

Lynne Jones

John McDonnell

Mr Anthony Steen

142

Page  15,  line  25,  leave out Clause 13.

Mr Anthony Steen

211

Page  15,  line  27  [Clause  13],  leave out from beginning to end of line 2 on page 16

and insert—

‘“53A
Paying for sexual services of a trafficked prostitute

(1)
A person (A) commits an offence if—

(a)
A makes or promises payment for the sexual services of a prostitute (B),

and

(b)
B has been trafficked, and

(c)
A is aware, or ought to be aware, that B has been trafficked.

Consideration of Bill: 19 May 2009
924

Policing and Crime Bill, continued

(2)
Whether A ought to be aware that B has been trafficked is to be determined

having regard to all the circumstances, including any steps A has taken to

ascertain whether B has been trafficked.

(3)
It is irrelevant where in the world the sexual services are to be provided and

whether those services are provided.”’.

Secretary Jacqui Smith

46

Page  15,  line  27  [Clause  13],  leave out ‘controlled for gain’ and insert ‘subjected to

force etc.’.

Mr Andrew Dismore

Dr Evan Harris

Keith Vaz

Mr Anthony Steen

32

Page  15  [Clause  13],  leave out lines 28 to 37 and insert—

‘(1)
A person (A) commits an offence if—

(a)
A makes or promises payment for the sexual services of a prostitute (B),

and

(b)
any of B’s activities relating to the provision of those services are

intentionally controlled for gain by a third person (C), and

(c)
A is aware, or ought to be aware, that B’s activities are controlled for

gain.

(1A)
Whether A ought to be aware that B’s activities are controlled for gain is to be

determined having regard to all the circumstances, including any steps A has

taken to ascertain whether B is controlled for gain.

(1B)
It is irrelevant where in the world the sexual services are to be provided and

whether those services are provided.’.

Secretary Jacqui Smith

47

Page  15,  line  30  [Clause  13],  leave out from ‘(B),’ to end of line 32 and insert—

‘(b)
a third person (C) has used force, deception or threats of a kind likely to

induce or encourage B to provide the sexual services for which A has

made or promised payment, and

(c)
C acted for or in the expectation of gain for C or another person (apart
5
from A or B).’.

As an Amendment to Secretary Jacqui Smith’s proposed Amendment (No. 47):—

Fiona Mactaggart

Lynda Waltho

Ms Sally Keeble

Judy Mallaber

(a)

Line  2,  leave out ‘of a kind likely to induce or encourage’ and insert ‘which

caused’.

Consideration of Bill: 19 May 2009
925

Policing and Crime Bill, continued

Dr Evan Harris

Lynne Jones

Paul Holmes

John McDonnell

Mr Anthony Steen

Mr Andrew Dismore

235

Page  15,  line  31  [Clause  13],  at beginning insert ‘A knows or ought to know that’.

Dr Evan Harris

Paul Holmes

Mr Anthony Steen

Lynne Jones

John McDonnell

Mr Andrew Dismore

236

Page  15,  line  36  [Clause  13],  leave out paragraph (b).

Secretary Jacqui Smith

48

Page  15,  line  36  [Clause  13],  leave out ‘any of B’s activities are controlled for

gain’ and insert ‘C has used force, deception or threats’.

Secretary Jacqui Smith

49

Page  16,  line  1  [Clause  13],  leave out subsection (3).

Dr Evan Harris

Lynne Jones

John McDonnell

Mr Anthony Steen

237

Page  16,  line  3  [Clause  13],  leave out subsection (4) and insert—

‘(5)
A person guilty of an offence under this section is liable—

(a)
on summary conviction, to imprisonment for a term not exceeding 6

months, or a fine not exceeding the statutory maximum, or both;

(b)
on conviction on indictment, to imprisonment for a term not exceeding

14 years.’.

Fiona Mactaggart

Lynda Waltho

Ms Sally Keeble

Judy Mallaber

215

Page  16,  line  4  [Clause  13],  at end add—

‘(5)
For the purposes of this section “force” includes coercion by threats or other

psychological means including exploitation of vulnerability.’.

Consideration of Bill: 19 May 2009
926

Policing and Crime Bill, continued

Dr Evan Harris

Lynne Jones

John McDonnell

Mr Anthony Steen

143

Page  16,  line  5,  leave out Clause 14.

Secretary Jacqui Smith

50

Page  16,  line  8  [Clause  14],  leave out ‘controlled for gain’ and insert ‘subjected to

force etc.’.

Secretary Jacqui Smith

51

Page  16,  line  11  [Clause  14],  leave out from ‘(B),’ to end of line 13 and insert—

‘(b)
a third person (C) has used force, deception or threats of a kind likely to

induce or encourage B to provide the sexual services for which A has

made or promised payment, and

(c)
C acted for or in the expectation of gain for C or another person (apart
5
from A or B).’.

As an Amendment to Secretary Jacqui Smith’s proposed Amendment (No. 51):—

Fiona Mactaggart

Lynda Waltho

Ms Sally Keeble

Judy Mallaber

(a)

Line  2,  leave out ‘of a kind likely to induce or encourage’ and insert ‘which

caused’.

Dr Evan Harris

Lynne Jones

Mr Anthony Steen

John McDonnell

Paul Holmes

Mr Andrew Dismore

238

Page  16,  line  12  [Clause  14],  at beginning insert ‘A knows or ought to know that’.

Dr Evan Harris

Lynne Jones

John McDonnell

Mr Anthony Steen

Paul Holmes

Mr Andrew Dismore

239

Page  16,  line  17  [Clause  14],  leave out paragraph (b).

Secretary Jacqui Smith

52

Page  16,  line  17  [Clause  14],  leave out ‘any of B’s activities are controlled for

gain’ and insert ‘C has used force, deception or threats’.

Consideration of Bill: 19 May 2009
927

Policing and Crime Bill, continued

Secretary Jacqui Smith

53

Page  16,  line  19  [Clause  14],  leave out subsection (3).

Dr Evan Harris

Lynne Jones

John McDonnell

Mr Anthony Steen

Paul Holmes

Mr Andrew Dismore

240

Page  16,  line  21  [Clause  14],  leave out subsection (4) and insert—

‘(5)
A person guilty of an offence under this section is liable—

(a)
on summary conviction, to imprisonment for a term not exceeding 6

months, or a fine not exceeding the statutory maximum, or both;

(b)
on conviction on indictment, to imprisonment for a term not exceeding

14 years.’.

Fiona Mactaggart

Lynda Waltho

Ms Sally Keeble

Judy Mallaber

216

Page  16,  line  23  [Clause  14],  at end add—

‘(5)
For the purposes of this section “force” includes coercion by threats or other

psychological means including exploitation of vulnerability.’.

John McDonnell

Dr Evan Harris

Paul Holmes

Chris Huhne

6

Page  16,  line  32  [Clause  15],  leave out ‘three months’ and insert ‘one week’.

John McDonnell

Dr Evan Harris

Paul Holmes

7

Page  17,  line  1,  leave out Clause 16.

Philip Davies

Lynda Waltho

Dr Roberta Blackman-Woods

194

Page  22  [Clause  25],  leave out lines 1 to 3.

Consideration of Bill: 19 May 2009
928

Policing and Crime Bill, continued

Secretary Jacqui Smith

54

Page  22,  line  1  [Clause  25],  leave out from ‘which’ to end of line 3 and insert ‘the

provision of relevant entertainment as mentioned in sub-paragraph (1) is such that, at the

time in question and including any relevant entertainment which is being so provided at

that time—

(i)
there have not been more than eleven occasions on which

relevant entertainment has been so provided which fall

(wholly or partly) within the period of 12 months ending with

that time;

(ii)
no such occasion has lasted for more than 24 hours; and

(iii)
no such occasion has begun within the period of one month

beginning with the end of any previous occasion on which

relevant entertainment has been so provided (whether or not

that previous occasion falls within the 12 month period

mentioned in sub-paragraph (i));’.

Secretary Jacqui Smith

55

Page  22,  line  5  [Clause  25],  at end insert—

  ‘(3A)
The relevant national authority may by order amend or repeal sub-paragraph

(3)(b).

    (3B)
But no order under sub-paragraph (3A) may—

(a)
increase the number or length of occasions in any period on which sub-

paragraph (3)(b) as originally enacted would permit relevant

entertainment to be provided; or

(b)
provide for shorter intervals between such occasions.’.

Secretary Jacqui Smith

56

Page  22,  line  17  [Clause  25],  at end insert—

  ‘(5A)
A statutory instrument containing an order under sub-paragraph (3A) may not

be made by the Secretary of State unless a draft of the instrument has been laid

before, and approved by a resolution of, each House of Parliament.’.

Secretary Jacqui Smith

57

Page  22,  line  18  [Clause  25],  leave out ‘this paragraph’ and insert ‘sub-paragraph

(3)(c) or (4)’.

Secretary Jacqui Smith

58

Page  22,  line  20  [Clause  25],  at end insert—

  ‘(6A)
A statutory instrument containing an order under sub-paragraph (3A) may not

be made by the Welsh Ministers unless a draft of the instrument has been laid

before, and approved by a resolution of, the National Assembly for Wales.’.

Secretary Jacqui Smith

59

Page  22,  line  21  [Clause  25],  leave out ‘this paragraph’ and insert ‘sub-paragraph