Clause 47 - Indecent photographs of persons aged 16 or 17

Part of Sexual Offences Bill [Lords] – in a Public Bill Committee am 9:10 pm ar 18 Medi 2003.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Sandra Gidley Sandra Gidley Democratiaid Rhyddfrydol, Romsey 9:10, 18 Medi 2003

The amendment was tabled because of concern about the exception when a child aged 16 or over consents to the activity in question. Clearly, the Government share that concern, and their amendment reassures me greatly.

The age of consent for sexual activity is 16, but we are discussing a little more than sexual activity in situations in which a photograph could be taken. Although the clause states that photographs should not be widely distributed, such matters would be difficult to police. As soon as a picture has been put on the internet, a 16 or 17-year-old might bitterly regret the decision to consent. I would not like to have some of the decisions that I made at that age to be with me for the rest of my life—[Laughter.] Nothing very interesting, I assure the Committee.

Subsections (3) and (4) refer to

''a child aged 16 or over''.

The intention behind the Bill is to protect children, but subsections (3) and (4) ensure that it fails to protect all children. I very much welcome the Government amendment, even though it contains a marriage exception and I would prefer such provisions to be left out of the Bill. The amendment does not relate only to a marriage in the traditional sense, but to an ''enduring family relationship''. That is a welcome step forward and the phrase should be used in a couple of other clauses that refer to marriage exceptions. Perhaps the Government will examine those clauses to see if their wording could be made more relevant to Britain today—a matter that was raised by my hon. Friend the Member for Mid-Dorset and North Poole (Mrs. Brooke).

The exceptions in the proposed new section 1A to the Protection of Children Act 1978 will leave the police in their current position when faced with a case of rape. They would have to argue and prove—or disprove—consent. Even if they are married, 16 or 17-year-olds should not be put in that position.