Sexual Offences Bill [HL]

Part of the debate – in the House of Lords at 1:56 pm on 10 April 2003.

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Photo of Lord Falconer of Thoroton Lord Falconer of Thoroton Minister of State (Criminal Policy), Home Office, Minister of State (Home Office) (Criminal Justice System) 1:56, 10 April 2003

There are three amendments in this group: Amendments Nos. 201, 202 and 203. They all deal with the question of who should be included in the family group. Clauses 28 and 29, dealing with familial child sex offences, are designed to protect children within the family environment, where they should be entitled to feel safe and protected but where, unfortunately, they are especially vulnerable to abuse and exploitation. Because of the balance of power in the family unit and the close and trusting relationships that exist within it, the family creates ideal opportunities for exploitation and abuse. What familial relationships should be covered? It is clear that the most important factors are the proximity of the relationship and the balance of power that exists between the abuser and his victim, and that those attributes extend beyond the immediate blood relatives of a family. The definition of the family unit also needs to be drawn widely to reflect the fairly loose structure of the modern family and the sometimes transitory nature of familial relationships.

In brief, the definition of the family unit is therefore drawn into three categories. Subsection (2) relates to core family members. Subsection (3) relates to wider family members, such as the partner of the child's parent who lives or has lived in the same household as the child, or who holds or has held a position of trust or authority in relation to the child. Subsection (4) relates to other persons living in the same household as the child and who hold positions of trust or authority in relation to the child at the time of the alleged offence.

The noble Baroness, Lady Noakes, proposes bringing step-siblings and foster-siblings within subsection (2), which covers relationships where there will always be an offence. As the noble Baroness will be aware, step-siblings and foster-siblings may not be related by blood; they may never live in the same household and may rarely come into contact with each other. So we do not think that it is right for them to be covered by subsection (2). We have already covered foster-siblings in subsection (3)(d) because we recognise that in some cases they may live in close proximity. There may also be merit in bringing step-siblings, who are not covered by paragraph (d), into the scope of the offence in certain circumstances. We should like to consider that point further. We are not suggesting their inclusion in subsection (2); in effect, we are suggesting subsection (3)—it depends on whether or not they live together.

Amendment No. 202 is a government amendment. Subsection (3)(b), as drafted, brings the partner or spouse of the child's aunt or uncle within the scope of the offence, where the defendant lives or has lived in the same household as the child, or where he holds or has held a position of trust or authority in relation to the child. On reflection, we think that those relationships ought to be covered by subsection (4), where the defendant lives in the same household as the child, and where he holds a position of trust or authority in relation to the child. We no longer think that there is anything peculiar to the relationship between partners or spouses of aunts or uncles as distinct from a range of other relationships. Amendment No. 202 takes out of the scope of the relationships covered by the offence the partner or spouse of the child's aunt or uncle.

The amendment of the noble Lady, Lady Saltoun, Amendment No. 203, would restrict the relationships between cousins covered in subsection (3) to first cousins. However, I do not think that the amendment is necessary, given that "cousin" is defined in subsection (5)(b) as,

"the child of an aunt or an uncle".

In the light of those considerations, I respectfully suggest that the noble Baroness, Lady Noakes, withdraw Amendment No. 201 to enable me further to consider the point about step-siblings. I make it clear that it is in regard to subsection (3), not subsection (2). I also ask Members of the Committee to accept the government amendment, Amendment No. 202.

For the reasons that I have given, I am afraid that I do not think that Amendment No. 203 is necessary because the point is already covered. I therefore hope that the noble Lady will not feel it necessary to move it when the time comes.