Clause 11 - Causing or inciting a child to engage in sexual activity
Sexual Offences Bill [Lords]
3:30 pm
Mr Dominic Grieve (Beaconsfield, Conservative)
I welcome the clause although, as the Minister will be aware from my comments about clause 10, I wish to know whether the matter should be an ''either way'' offence, too. I appreciate that the act is different from sexual activity with a child, but we must face up to the fact that it will run across a spectrum of seriousness—from the 18-and-a-half-year-old who encourages his 15-year-old friend to have sex with his 15-year-old girlfriend to serious paedophile cases. Do we want that 18-and-a-half-year-old to be dealt with only in the Crown court? The Minister might like to consider that question.
I had intended to reserve my comments on the marriage exception until we discussed clause 16, which covers such a provision under clauses 10 to 15. I want to put down the benchmark that I have serious worries about the marriage exception provision. Many members of the public will regard it as deeply offensive. Why is it necessary? I need to hear a clear justification.
I appreciate that we have no power to prevent people from marrying at much younger ages abroad than in this country, but I do not understand why that fact should compel us to accept behaviour in this country that would otherwise be regarded as criminal. If people were living in this country, having contracted the marriage abroad, I cannot for the life of me understand why they, exceptionally, should not comply with our laws, even if that might involve their not having sexual intercourse or sexual relations while they are here until one of the partners is aged 16 or over.