Clause 51 - Controlling a child prostitute or
Sexual Offences Bill [Lords]
10:45 am
Ms Beverley Hughes (Minister of State (Citizenship and Immigration), Home Office; Stretford and Urmston, Labour)
Adding ''knowingly'' to the provisions on the offences would add little to the mens rea and interpretation of what is in the mind of
the defendant. It is difficult to understand how someone, for example, can knowingly control, incite or cause the prostitution of another person without intentionally doing so. There is no point in adding ''knowingly'' to the clause; its meaning is encompassed by ''intentionally''.
The purpose of the offences is to tackle the exploitive aspects of the sex industry. They replace existing legislation, such as section 31 of the Sex Offences Act 1956, which deals with a woman exercising control over a prostitute. I mentioned that because the section uses ''knowingly'', not ''intentionally'', which is probably why the hon. Lady tabled the amendment. It makes sense in the context of the offence of knowingly living on the earnings of a prostitute, because someone could be living with a prostitute and conceivably not know how she is earning money. The purpose of adding ''knowingly'' in that context is to make sure that the prosecution has to prove that the defendant both knows that the woman is a prostitute and that he is living wholly or in part on her earnings. The term ''knowingly'' makes much less sense in the context of the new offences under the Bill. In any event, it is difficult to envisage what the term is intended to cover that is not covered by ''intentionally''.
Work is under way on a consultation paper examining issues relating to prostitution, the public nuisance that it causes and the organised criminality and drug abuse with which it is associated. The Home Secretary announced the paper in the summer and it is likely that it will also consider legislation associated with the difficult area of prostitution. We hope to consider those issues in great depth when undertaking such work. I mention the paper because the hon. Member for Romsey referred to prosecuting people who organise prostitution, but who distance themselves from it—the big boys, as they are described. Brothel-related activities were not considered in ''Setting the Boundaries'', because they are prostitution-related issues, and thus outside the scope of the Bill. They will therefore have to wait until we have a clearer picture of some of the complex issues surrounding that subject as a result of the review.
We resist the amendment for two reasons, the first of which is that ''knowingly'' is encompassed by ''intentionally''. Secondly, the broader issues raised by the hon. Lady about making sure that we can reach those who are controlling prostitution activity in a big way are outside the scope of the Bill, but will be part of the review that has now commenced. If that reassures the hon. Lady, I invite her to withdraw the amendment.