Keith Vaz

I wish to speak briefly about the amendments. I welcome what the Government have done. There was concern on Second Reading about the original proposals. As the Minister knows, the Home Affairs Committee looked into human trafficking. One problem, however, is that it is very difficult to find victims prepared to admit that they have been trafficked. My worry on Second Reading, therefore, was about enforcement and putting people in a position that involved them in a strict liability offence.

On considering the matter, I, and the Select Committee, felt that that went beyond the issue of exploitation and into the area of prostitution. Some people choose to be prostitutes as a matter of lifestyle. It is regrettable, but many people are in that position. I, and other Committee members, went to Soho with the Metropolitan police.

— from debate entitled “Clause 13 — Paying for sexual services of a prostitute subjected to force etc: England and Wales”

The three speeches/headings immediately before

  1. 1 earlier: David Ruffley

    Amendments 6 to 15 are important, and we had a fruitful debate on that subject in Committee. They seek to achieve a better definition of coercion. It will be an offence if an individual engages in exploitative conduct, the definition of which is if someone uses

    "force, threats (whether or not relating to violence) or any other form of coercion, or...practises any form of deception".

    That is an improvement on what was in the Bill when it was previously before the House. We accept the Government's main thrust, which is that it is important that we recognise that psychological pressure can be used to coerce someone into prostitution, and that it can have a considerable effect on people who are vulnerable. This is a better form of words than before.

    An example of a case affected by the new wording would involve a threat by a pimp or other coercer used to entice someone into prostitution. The person might threaten to report the prostitute or sex worker to the immigration authorities if they were here illegally, or a prostitute or sex worker might be being controlled through a third party by controlled access to a supply of drugs to feed a habit, which would obviously affect an individual in a weak position compared with the person making the threats and seeking to exploit them.

    We went around the block many times in Committee on that matter, and we believe that the new wording is an improvement. We will keep the situation under review, as I am sure Ministers will, to ensure that the redefined wording has the intended effect.

  2. 2 earlier: Alan Campbell

    Amendments 6 to 15 respond to the concerns raised during the debates in this House about the potential scope of clause 13. Broadly, the amendments mean that it will be an offence to pay for sex with someone who has been subject to exploitative conduct of a kind likely to induce or encourage them to provide the sexual services. A person engages in exploitative conduct if he practices any form of deception or uses force, threats—whether or not relating to violence—or any other form of coercion. This recognises that not all forms of coercion involve the use of physical abuse. Amendment 46 responds to concerns raised in this House and in the other place about the need for safeguards in the provisions creating the new rehabilitative orders for those convicted of loitering or soliciting for the purposes of prostitution. The amendment places an upper limit of 72 hours on the period for which someone can be held in police detention after being arrested in pursuance of a warrant following breach of such an order.

    Amendments 47 and 48 require a court to be satisfied that before issuing a closure notice the police took reasonable steps to identify any person with an interest in the premises and that they were given a copy of the notice, before a closure order is made.

    Amendments 16 to 20, 22 to 23, 60 and 63 change the name of the new category of sex establishment introduced by clause 27 from "sex encounter venue" to "sexual entertainment venue" in response to concerns that the term "sex encounter venue" could inadvertently stigmatise those who work in lap-dancing clubs.

    Amendments 21, 24, 61 and 62 are minor and technical amendments that ensure that once premises have been granted a sex establishment licence in order to operate as sexual entertainment venues, they will be deemed to be a sexual entertainment venue for the duration of their licence, irrespective of how frequently relevant entertainment is provided.

    Amendments 49 to 51 place a duty on local authorities that have not adopted the lap-dancing provisions within one year of commencement to consult local people to ensure they are given the opportunity to express their views as to whether the provisions should be adopted or not.

    I hope that the House will agree the amendments.

  3. 3 earlier: Alan Haselhurst

    With this it will be convenient to take Lords amendments 7 to 24, 46 to 51 and 60 to 63.

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