Sexual Offences Bill [HL]

Part of the debate – in the House of Lords at 6:30 pm on 13 May 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) 6:30, 13 May 2003

The amendments tabled by both my noble friend Lord Faulkner of Worcester and the noble Lord, Lord Lucas, seek in effect to limit the circumstances under which someone can be guilty of the offence of intentionally "causing or inciting" another person to become a prostitute. Clause 56 does not deal with the situation where someone is already working as a prostitute, but rather where a person is caused or incited to become one. As regards Clause 58, to which both of the amendments would also apply, they do not deal with the situation legitimately raised by the noble Lord, Lord Lucas. A person should not become liable for a criminal offence if they were married or living with someone who also worked as a prostitute and the earnings are shared. In those circumstances the partner of the prostitute would not be someone intentionally controlling any of the activities that relate to prostitution.

The two criminal offences that we are dealing with are, first, where a person intentionally incites someone else to become a prostitute and, secondly, where someone controls the activities of a prostitute for gain. If the words,

"the use of fear, force or fraud", were to be introduced, then inevitably it would become extraordinarily difficult to prove either of those offences. The noble Baroness, Lady Blatch, made that case most effectively in her remarks.

The noble Lord, Lord Lucas, pointed out that we are dealing with adults in these clauses and that prostitution is not a criminal offence. However, we believe that it is wrong to incite people to become prostitutes—I stress that it is wrong for one person to incite someone else to do so—and we believe that it is wrong intentionally to control for gain another person who works as a prostitute. To add the words suggested in the amendment would make both of those offences extremely difficult to prove. However, I do not stand only on the point of proof, I stand also on the point that the circumstances I have already described should be criminal offences.

My noble friend Lord Faulkner of Worcester made several points about the problems that arise with regard to prostitution and all noble Lords are right to say that they need to be looked at. That is why in Protecting the Public, published on 19th November last, we said that we would look to see what the scope of an appropriate review should be in all the issues surrounding prostitution and particularly—although not limited to it—the relationship between drugs and prostitution. We think that that is very important. I am not in a position today to say precisely what the scope of the review will be, but I hope that when we come to the Report stage I shall be able to tell your Lordships.