Clause 50 - Causing or inciting child prostitution or pornography
Sexual Offences Bill [Lords]
10:30 am
Ms Beverley Hughes (Minister of State (Citizenship and Immigration), Home Office; Stretford and Urmston, Labour)
It is my understanding that this debate covers similar ground to a debate on Tuesday about amendment No. 203 on familial child sex offences. I was not present then, but I have been informed about that discussion. For the sake of clarity, if the hon. Gentleman is rehearsing that today, I will try to reply on that basis. However, the amendment would not exclude children under 13 from the province of this offence; it would simply raise the possibility of a defence of reasonable belief with regard to age. If I can take it from the hon. Gentleman that that is a technicality that I can ignore in replying to this debate, I will do so.
I assure the hon. Gentleman that in cases where there is evidence that a child has engaged in sexual activity, we would expect the offences in clause 9 to frame the charges. Guidelines will be produced for the Crown Prosecution Service on charging issues relating
to the Bill in general, and we intend it to include that specific guidance. However, if it were uncertain whether sex has taken place, it would be appropriate and necessary to be able to lay a charge under clause 50, as long as the other circumstances of the offence fitted with the prostitution or pornography requirement.