Sexual Offences Bill
40. Following our initial consideration of this Bill,
we have written to the responsible Minister raising a number of
issues which cause us concern on human rights grounds—
- whether it is a proportionate response to a pressing
social need to impose criminal liability on children aged less
than 13 who consensually engage in any sexual touching (including,
apparently, kissing) together, and on a 13-year-old who kisses
a consenting 12-year-old (clauses 6 and 80);
- whether it is proportionate to impose criminal
liability on people with a mental disorder or learning disability
such that they are both unable to refuse to be touched or to communicate
their refusal to others, if they engage in sexual touching with
each other (clauses 33 and 80);
- whether the fixed period for which notification
requirements would apply to children who are sex offenders would
take account of the child's age and be proportionate to his or
her circumstances sufficiently to comply with the requirements
of Article 40 of the Convention on the Rights of the Child (clause
84(2));
- whether the safeguards against the unjustified
making of risk of sexual harm orders (RSHOs) and interim RSHOs
are adequate, in view of the catastrophic effect such an order
would have on a person's life and reputation (clauses 110 and
113).
41. All three matters engage the right to respect
for private life under ECHR Article 8.1, and the last of them
also engages the right to a fair hearing in the determination
of a criminal charge or civil rights and obligations under ECHR
Article 6. We publish the Chair's letter to the Home Office
regarding these points as an appendix to this Report,[31]
and we will report further in due course in the light of the Government's
reply.
42. Subject to those points, we consider that
the Bill raises no human rights issues requiring to be drawn to
the attention of either House at this time.
Other Government Bills
43. In our view, the following Government Bills have
no human rights implications which require to be drawn to the
attention of either House at this time—
Consolidated Fund (No. 2) Bill
Northern Ireland Assembly Elections Bill
Water Bill
31 Ev 11-13 Back
