House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Notices of Amendments: 15 May 2009
857

Policing and Crime Bill, continued

‘(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

(a)


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

caused’.

Dr Evan Harris

Chris Huhne

Paul Holmes

235


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

John McDonnell

4

Page  15  [Clause  13],  leave out lines 31 and 32 and insert—

‘(b)
B has been coerced by a third person (C) into providing those services.’.

Mr Anthony Steen

212


Page  15,  line  32  [Clause  13],  leave out ‘for gain’ and insert ‘by means of force,

fraud or fear’.

Mr Andrew Dismore

Dr Evan Harris

10

Page  15,  line  32  [Clause  13],  at end insert ‘, and

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

gain.

(2)
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.

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

whether those services are provided.’.

John McDonnell

Mr Andrew Dismore

Dr Evan Harris

2

Page  15  [Clause  13],  leave out lines 33 to 37.

Notices of Amendments: 15 May 2009
858

Policing and Crime Bill, continued

Dr Evan Harris

Chris Huhne

Paul Holmes

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’.

Mr Anthony Steen

213


Page  15,  line  37  [Clause  13],  leave out ‘for gain’ and insert ‘by means of force,

fraud or fear’.

Secretary Jacqui Smith

49

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

Mr Anthony Steen

214


Page  16  [Clause  13],  leave out lines 1 and 2.

Dr Evan Harris

Lynne Jones

John McDonnell

237


Page  16,  line  3  [Clause  13],  leave out subsection (4).

Fiona Mactaggart

Lynda Waltho

Ms Sally Keeble

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.’.

Dr Evan Harris

Lynne Jones

John McDonnell

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.’.

Notices of Amendments: 15 May 2009
859

Policing and Crime Bill, continued

Mr Andrew Dismore

Dr Evan Harris

33

Page  16  [Clause  14],  leave out lines 9 to 18 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

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

(a)


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

caused’.

Dr Evan Harris

Lynne Jones

John McDonnell

238


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

John McDonnell

5

Page  16  [Clause  14],  leave out lines 12 and 13 and insert—

‘(b)
B has been coerced by a third person (C) into providing those services.’.

Mr Andrew Dismore

Dr Evan Harris

12

Page  16,  line  13  [Clause  14],  at end insert ‘, and

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

gain.

Notices of Amendments: 15 May 2009
860

Policing and Crime Bill, continued

(2)
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.

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

whether those services are provided.’.

John McDonnell

Mr Andrew Dismore

Dr Evan Harris

3

Page  16  [Clause  14],  leave out lines 14 to 18.

Dr Evan Harris

Lynne Jones

John McDonnell

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’.

Secretary Jacqui Smith

53

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

Dr Evan Harris

Lynne Jones

John McDonnell

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

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.’.

Mr Andrew Dismore

Dr Evan Harris

20

Page  16,  line  28  [Clause  15],  after ‘person’, insert ‘aged 18 and over’.

Notices of Amendments: 15 May 2009
861

Policing and Crime Bill, continued

John McDonnell

6

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

John McDonnell

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.

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—

Notices of Amendments: 15 May 2009
862

Policing and Crime Bill, continued

  ‘(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

(3)(c) or (4)’.

Philip Davies

181

Page  23,  line  3  [Clause  25],  at end insert—

‘(3A)
After paragraph 9 insert—

“Period of validity of licence in respect of a sex encounter venue

9A
A licence in respect of a sex encounter venue has effect until such time

as—

(a)
it is revoked under paragraph 17 of this Schedule, or

(b)
if it specifies that it has effect for a limited period, that period

expires.”’.

Philip Davies

182

Page  23,  line  3  [Clause  25],  at end insert—

‘(3A)
In paragraph 9(1) after “licence” insert “apart from a licence in respect of a sex

encounter venue.”’.

Philip Davies

183

Page  23,  line  3  [Clause  25],  at end insert—

‘(3A)
In paragraph 10(17) at end insert “but shall supply the postcode.”’.

Philip Davies

184

Page  23,  line  3  [Clause  25],  at end insert—

Notices of Amendments: 15 May 2009
863

Policing and Crime Bill, continued

‘(3A)
In paragraph 10(20) omit from “shall” to end and insert “give a statement in

writing of the reasons for their decision within 7 days to the applicant or holder.”’.

Philip Davies

185

Page  23,  line  3  [Clause  25],  at end insert—

‘(3A)
In paragraph 11(2) omit “or that the person” to end of sub-paragraph and insert

“An application for transfer so made shall be deemed to include an application for

renewal.”’.

Philip Davies

186

Page  23,  line  3  [Clause  25],  at end insert—

‘(3A)
In paragraph 12(2)(a) omit the words “or renewal.”’.

Philip Davies

189

Page  23,  line  4  [Clause  25],  leave out subsection (4) and insert—

‘(4)
In paragraph 12(3) omit paragraphs (c) and (d).’.

Philip Davies

190

Page  23,  line  9  [Clause  25],  at end insert—

‘(4A)
Omit paragraph 12(4).’.

Philip Davies

191

Page  23,  line  9  [Clause  25],  at end insert—

‘(4A)
In paragraph 12(5)(a) after “locality”, insert “within the area as defined by section

2.”’.

Philip Davies

187

Page  23,  line  12  [Clause  25],  at end insert—

‘(ba)
in sub-paragraph (3) omit paragraph (a), and’.

Philip Davies

195

Page  23,  line  17  [Clause  25],  at end insert ‘, and

(d)
in sub-paragraph (4) omit the words “shall be presumed to have been

so”.’.

Philip Davies

188

Page  23,  line  17  [Clause  25],  at end insert—

‘(5A)
In paragraph 17(2) omit from “if” to “held it” and from “within 7 days” to end of

the sub-paragraph.’.

Philip Davies

197

Page  23,  line  18  [Clause  25],  leave out from ‘applications)’ to end of line 19 and

insert ‘omit (where inserted by Greater London Council (General Powers) Act 1986)