Clause 15
11:30 am
Alan Campbell (Parliamentary Under-Secretary, Home Office; Tynemouth, Labour)
I am grateful to the hon. Gentleman for his short introduction. I understand his motives, and I hope that my remarks will satisfy him on why we are pursuing this route.
Amendment 1 would amend the offence of loitering or soliciting for the purposes of prostitution to exclude those under the age of 18. I find more consensus with the hon. Gentleman on this matter than I did when we discussed the previous clause, and I assure him that we share his concerns about the issue, although I suspect not his route through it.
We recognise that children who become involved in prostitution are victims of a sexual offence and should be offered appropriate support. We do not want children in those circumstances being subject to punitive criminal sanctions. That view is reflected in the “Safeguarding Children in Prostitution” guidance issued in 2000. Since the publication of that guidance, the number of people under 18 who have been arrested and prosecuted for that offence has been very low. In practice, the offence is rarely used in relation to those under 18, which we believe is right. For the Committee’s information, that guidance will be updated specifically on this issue and published in spring.
This issue has been debated previously by Parliament, most recently during the passage of the Criminal Justice and Immigration Bill. During those considerations, we outlined our concerns about the potential impact of a change to remove under-18s from the scope of the offence. Those concerns remain. By decriminalising under-18s, we risk sending out a message that although we do not think it acceptable for adults to be involved in street prostitution, we somehow accept that children can be. We recognise that in the overwhelming majority of cases children involved in prostitution should be treated solely as victims. Guidance from agencies makes that clear, and that is consistent with the policy of the Association of Chief Police Officers, which supports the retention of this power.
However—this is the nub of our argument—there might be exceptional cases where criminal justice intervention is necessary to prevent a harmful situation and allow a child to access support. That is why we want to retain the ability for criminal justice agencies to intervene as a very last resort. Where other agencies fail to engage with young people who, for whatever reason, spurn offers of support and protection, the criminal justice system enables us to remove those young people from the street and any immediate danger. That intervention might make a difference. I acknowledge the concerns of the hon. Gentleman and others, but I assure all hon. Members that our overwhelming priority is supporting rather than prosecuting children who are involved in prostitution.
I cannot accept the amendment. I hope that the hon. Gentleman appreciates the reasons for that and will withdraw it.