Isil – in the House of Commons am 9:00 pm ar 23 Chwefror 2015.
Amendments made: 5, page 108, line 38, at end insert—
“Street Offences Act 1959 (c. 57)
1A (1) The Schedule to the Street Offences Act 1959 (orders under section 1(2A): breach, amendment etc) is amended as follows.
(2) In paragraphs 2(3), 3(3) and 5(4), for paragraphs (a) and (b) substitute “a magistrates’ court acting in the relevant local justice area”.
(3) In paragraph 9(2), for paragraphs (a) and (b) substitute “any magistrates’ court”.
(4) Omit paragraph 9(4).
(5) In paragraph 10(4), for paragraphs (a) and (b) substitute “to a prison”.
(6) Omit paragraph 10(5).
(7) In paragraph 11(1) omit “youth court or other”.”
This amendment makes consequential amendments to the Street Offences Act 1959 as a result of the restriction of the offence of loitering or soliciting for the purposes of prostitution to persons aged 18 or over, as provided for in subsection (7) of New Clause 8 [Child sexual exploitation].
Amendment 28, page 110, line 32, at end insert—
“Regulation of Investigatory Powers Act 2000 (c. 23)
In section 71 of the Regulation of Investigatory Powers Act 2000 (issue and revision of codes of practice), in subsection (8), for “(3)” substitute “(2A)”.”
This amendment, which is consequential on NC24, ensures that the new subsection (2A) inserted by that New Clause applies not just to a new code of practice but also to a revised code.
Amendment 6, page 117, line 3, at end insert—
‘( ) In Schedule 2 to that Act (lifestyle offences: England and Wales), in paragraph 8 (prostitution and child sex), sub-paragraph (2) is amended as follows.
( ) In paragraph (b), for “child prostitution or pornography” substitute “sexual exploitation of a child”.
( ) In paragraph (c), for “prostitute or a child involved in pornography” substitute “in relation to sexual exploitation”.
( ) In paragraph (d), for “child prostitution or pornography” substitute “sexual exploitation of a child”.”
This amendment and amendments 9 and 11 to 17 are consequential on NC8. In each case they carry through to other legislative provisions the changes to the nomenclature used in the offences in sections 48 to 50 of the Sexual Offences Act 2003, as amended by the New Clause.
Amendment 7, page 117, line 6, at end insert—
“Female Genital Mutilation Act 2003 (c.31)
In section 8 of the Female Genital Mutilation Act 2003 (extent etc), in subsection (4) after “Scotland” insert “and sections 5B and 5C do not extend to Northern Ireland”.
Amendment 8, page 117, line 10, at end insert—
In section 54 of the Sexual Offences Act 2003 (sections 51A to 53A: interpretation), for subsections (2) and (3) substitute—
(2) In sections 51A, 52, 53 and 53A “prostitute” means a person (A) who, on at least one occasion and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to A or a third person; and “prostitution” is to be interpreted accordingly.
(3) In subsection (2) and section 53A, “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.””
This amendment is consequential on NC8. It amends section 54 of the Sexual Offences Act 2003 so as to preserve the existing definitions of “prostitute” and “payment” for the purposes of sections 51A to 53A of that Act.
Amendment 9, page 117, line 12, at end insert—
( ) In section 136A of that Act (meaning of specified prostitution offence etc) subsection (2) is amended as follows.
( ) After paragraph (a) insert—
“(aa) an offence under section 48 of this Act committed by causing or inciting a child to be sexually exploited within the meaning given by section 51(2)(a);”.
( ) In paragraph (b), for “section 48 of this Act, or Article 38 of the Northern Ireland order,” substitute “Article 38 of the Northern Ireland order”.”
( ) After paragraph (b) insert—
“(ba) an offence under section 49 of this Act committed by controlling the activities of a child in relation to sexual exploitation within the meaning given by section 51(2)(a);”.
( ) In paragraph (c), for “section 49 of this Act, or Article 39 of the Northern Ireland order,” substitute “Article 39 of the Northern Ireland order”.
( ) After paragraph (c) insert—
“(ca) an offence under section 50 of this Act committed by arranging or facilitating the sexual exploitation, within the meaning given by section 51(2)(a), of a child;”.
( ) In paragraph (d), for “section 50 of this Act, or Article 40 of the Northern Ireland order,” substitute “Article 49 of the Northern Ireland order”.
( ) Subsection (3) of that section is amended as follows.
( ) Before paragraph (a) insert—
“(za) an offence under section 48 of this Act committed by causing or inciting a child to be sexually exploited within the meaning given by section 51(2)(b);”.
( ) In paragraph (a), for “section 48 of this Act, or Article 38 of the Northern Ireland order,” substitute “Article 38 of the Northern Ireland order”.
( ) After paragraph (a) insert—
“(aa) an offence under section 49 of this Act committed by controlling the activities of a child in relation to sexual exploitation within the meaning given by section 51(2)(b);”.
( ) In paragraph (b), for “section 49 of this Act, or Article 39 of the Northern Ireland order,” substitute “Article 39 of the Northern Ireland order”.
( ) After paragraph (b) insert—
“(ba) an offence under section 50 of this Act committed by arranging or facilitating the sexual exploitation, within the meaning given by section 51(2)(b), of a child;”.
( ) In paragraph (c), for “section 50 of this Act, or Article 40 of the Northern Ireland order,” substitute “Article 49 of the Northern Ireland order”.”
Amendment 10, page 117, line 13, leave out paragraph 59
The effect of this amendment is that new offence of sexual communication with a child under clause 67 will be subject to those provisions of the Sexual Offences Act 2003 which provide for extra-territorial jurisdiction; as such, offences committed outside the United Kingdom may in certain circumstances be prosecuted in England and Wales.
Amendment 11, page 117, line 36, leave out “In”
Amendment 12, page 117, line 37, leave out “, after” and insert “is amended as follows.
‘( ) After”
Amendment 13, page 117, line 39, at end insert—
‘( ) In paragraph 136, for “child prostitution or pornography” substitute “sexual exploitation of a child”.
( ) In paragraph 137, for “prostitute or a child involved in pornography” substitute “in relation to sexual exploitation”.
( ) In paragraph 138, for “child prostitution or pornography” substitute “sexual exploitation of a child”.”
Amendment 14, page 117, line 39, at end insert—
‘( ) Schedule 15B to that Act (offences listed for the purposes of sections 224A, 226A and 246A) is amended as follows.
( ) In paragraph 35, for “child prostitution or pornography” substitute “sexual exploitation of a child”.
( ) In paragraph 36, for “prostitute or a child involved in pornography” substitute “in relation to sexual exploitation”.
( ) In paragraph 37, for “child prostitution or pornography” substitute “sexual exploitation of a child”.”
Amendment 15, page 118, line 3, at end insert—
‘( ) In paragraph 7(e), for “abuse of children through prostitution and pornography” substitute “sexual exploitation of children”.”
Amendment 16, page 119, line 16, after “Wales),” insert—
“in paragraph 4 (prostitution and child sex), in sub-paragraph (2)—
(a) in paragraph (b), for “child prostitution or pornography” substitute “sexual exploitation of a child”;
(b) in paragraph (c), for “prostitute or a child involved in pornography” substitute “in relation to sexual exploitation”;
(c) in paragraph (d), for “child prostitution or pornography” substitute “sexual exploitation of a child”.
‘( ) In that Part,”
Amendment 17, page 120, line 36, at end insert—
Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)
In section 116 of the Anti-social Behaviour, Crime and Policing Act 2014 (information about guests at hotels believed to be used for child sexual exploitation), in subsection (8)(a), for “prostitution and pornography” substitute “sexual exploitation”.”—(Karen Bradley.)
Title
Amendments made: 18, line 2 after “1933,” insert
“the Sexual Offences Act 2003, the Street Offences Act 1959,”
Amendment 29, line 3 after “2005” insert “, the Prison Act 1952”
Amendment 19, line 5 leave out from “agents;” to first “to” in line 6
Amendment 30, line 8 leave out from “relationships;” to “to” in line 9
Amendment 31, line 12 after “crime;” insert
“to make provision about codes of practice that relate to the exercise and performance, in connection with the prevention or detection of serious crime, of powers and duties in relation to communications;” —
(Karen Bradley.)
Question put and agreed to.
It being after 10 pm, the Speaker put the Question necessary to bring proceedings on Third Reading to a conclusion (Programme Order,
Question put forthwith (Standing order No. 83E), That the Bill be now read the Third time.
Question agreed to.
Bill accordingly read the Third time and passed, with amendments.