Clause 70 - Voyeurism: interpretation
Sexual Offences Bill [Lords]
4:00 pm
Mr Dominic Grieve (Beaconsfield, Conservative)
My concern, which is, perhaps, the reverse of that expressed in the previous debate, is about the definitions clause on voyeurism. Clause 70(2) says:
''A person is doing a private act if the person is in a structure''.
What is a structure? The Under-Secretary may be able to help us on that. When I read the word structure, giving it its ordinary meaning, I associate it with something that has a wall and a roof. I am concerned that this definition appears to sanction or allow voyeurism in circumstances in which privacy was provided by an enclosed space, and the voyeur, for whatever reason, decided to intrude on that enclosed space by, for example, making a hole in a partition or wall. To make the position clear we should include the words ''enclosed space'', which I would take to mean a garden, if it were surrounded by a high wall and could not be overlooked. The words ''enclosed space'' must be read in conjunction with what comes after them—
''in the circumstances, would reasonably be expected to provide privacy''.
Obviously, a garden wall surrounded by tower blocks could not reasonably be expected to provide privacy; however, a garden could be expected to do so if it were not overlooked, and if the only way that one could overlook it was by getting a tall ladder and climbing up it in order to peer in. We should think about extending the protection to that setting.
That point—to come back to our earlier debate—has relevance to naturists, who may wish to congregate in an area that is not a structure as I would interpret it. We should consider extending the protection to those doing private acts in enclosed spaces if, in the circumstances, the spaces could be reasonably expected to provide privacy. That is an extension of the definition of ''structure'' that would be proper.
The Under-Secretary may try to reassure me that ''structure'' would encompass an enclosed area but, using my ordinary understand of English, I do not think that it does; I think that a structure denotes something that has walls and a roof, although I accept that one might use the definition of a ruined structure that was roofless. The hon. Gentleman may be able to help me. I would like to provide the maximum protection to people in areas that they can reasonably consider private. Obviously, if a garden is surrounded by a fence that can be looked over by anyone who looks around, those in it should not have that protection.
However, considering the surrounding circumstances reasonably, if anyone wishing to peer in has to carry out what I would describe as a pretty abnormal activity, such as getting on a ladder, there should be a possibility of extending that definition. I accept, however, that if a structure requires a roof, there is the difficulty of people flying over by helicopter and things of that sort, and that might present a problem. However, before we agree to this laudable clause, I hope that we will take an opportunity to see whether the definition could sensibly be extended.