Clause 13
Policing and Crime Bill
1:00 pm
Nicholas Winterton (Macclesfield, Conservative)
With this it will be convenient to discuss the following: amendment 79, in clause 13, page 13, line 29, after ‘A’, insert ‘intentionally’.
Amendment 27, in clause 13, page 13, line 30, after ‘(B)’, insert
‘, or knows that another person has made or promised payment for such sexual services,’.
Amendment 28, in clause 13, page 13, line 31, leave out paragraph (b) and insert—
‘(b) any of B’s activities relating to the provision of those services are procured by a third person through the use of or threat of the use of force or coercion or B has been the subject of trafficking arrangements by a third person which would constitute an offence by such third person under section 57 (trafficking into the UK for sexual exploitation), section 58 (trafficking within the UK for sexual exploitation) or section 59 (trafficking out of the UK for sexual exploitation) which together shall mean “controlled” for the purposes of this section, and
(c) either—
(i) A does not reasonably believe that any of B’s activities relating to the provision of those services are controlled, or
(ii) A is reckless as to whether any of B’s activities relating to the provision of those services are controlled.’.
Amendment 67, in clause 13, page 13, line 31, before ‘any’, insert
‘A knows or is reckless as to whether’.
Amendment 82, in clause 13, page 13, line 32, leave out ‘for gain’.
Amendment 83, in clause 13, page 13, line 32, at end insert ‘, and
(c) A knows, or is reckless as to whether, any of B’s activities relating to the provision of those services are intentionally controlled by a third person.’.
Amendment 68, in clause 13, page 13, line 33, leave out subsection (2).
Amendment 29, in clause 13, page 13, line 36, leave out paragraph (b).
Amendment 84, in clause 13, page 13, leave out lines 36 and 37 and insert—
‘(b) whether A is aware of the identity of C.’.
Amendment 30, in clause 13, page 14, line 1, leave out subsection (3).
Amendment 85, in clause 13, page 14, leave out lines 1 and 2 and insert—
‘(3) An activity is “controlled” by a third person (C) if—
(a) B participates in the activity because of the use or threat against B or another person of one or more of—
(i) violence,
(ii) blackmail,
(iii) unlawful detention, or
(iv) other reprisal;
(b) C intentionally exercises control over the activity; and
(c) C is aware, or ought to be aware, of a relevant circumstance in paragraph (a) above.’.
Amendment 80, in clause 13, page 14, leave out lines 1 to 4 and insert—
‘(3) An activity of B is controlled by a third person (C) if—
(a) C’s behaviour in relation to that activity involves—
(i) compulsion, coercion, intimidation or force directed against B or any other person, or
(ii) regular instruction or direction, or
(b) if B reasonably believes that C’s behaviour includes that described in paragraph (a).
(4) A person guilty of an offence under this section is liable—
(a) on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment to imprisonment for a term not exceeding 3 years.’.
Amendment 31, in clause 14, page 14, line 11, after ‘B’, insert
‘, or knows that another person has made or promised payment for such sexual services,’.
Amendment 32, in clause 14, page 14, line 12, leave out paragraph (b) and insert—
‘(b) any of B’s activities relating to the provision of those services are procured by a third person through the use of or threat of the use of force or coercion or B has been the subject of trafficking arrangements by a third person which would constitute an offence by such third person under section 57 (trafficking into the UK for sexual exploitation), section 58 (trafficking within the UK for sexual exploitation) or section 59 (trafficking out of the UK for sexual exploitation) which together shall mean “controlled” for the purposes of this section, and
(c) either—
(i) A does not reasonably believe that any of B’s activities relating to the provision of those services are controlled, or
(ii) A is reckless as to whether any of B’s activities relating to the provision of those services are controlled.’.
Amendment 33, in clause 14, page 14, line 17, leave out paragraph (b).
Amendment 34, in clause 14, page 14, line 19, leave out subsection (3).
May I be as helpful as possible to the Committee? I appreciate that the clause is an important feature of part 2. I would be inclined to permit a stand part debate, as long as hon. Members speak specifically to the selected amendments, rather than going wider and discussing the general principles of the clause. With that understanding, I can give a commitment to permit a stand part debate if one is requested. I have already been advised by the hon. Member for Oxford, West and Abingdon that he would like to discuss the principles in a stand part debate, which is a rational and constructive way of discussing this important clause.