Clause 90 - Young offenders: parental directions.

Part of Sexual Offences Bill [Lords] – in a Public Bill Committee at 12:15 pm on 14 October 2003.

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Photo of Paul Goggins Paul Goggins Parliamentary Under-Secretary, Home Office 12:15, 14 October 2003

I have some sympathy with what the hon. Gentleman says, and I shall come to that in a minute. Just to return to the practicalities, it is important to get on the record the point that I was making in terms of fingerprints and photographs. During the course of a year a young person's appearance may change as they mature. It is important to have as up to date a record as possible.

I have sympathy with some of the arguments that the hon. Gentleman advanced, particularly on amendment No. 376, but that amendment is not necessary because, as he demonstrated in his argument, a parent who fails to comply with clause 90(2)(b) will commit an offence only if they do not have a reasonable excuse for doing so. Failure to ensure that a young offender attends a notification will not be pursued by the police where the parent has made all efforts to ensure that the offender attended. The key point there is to have made all efforts. Clearly, if an incident is a one-off where the child dismisses the parent and says that they are not prepared to co-operate on that one occasion, that will not be a sufficient excuse because there is clearly a relationship of control and discipline there that would ordinarily mean that the child would accompany their parent to the police station. If, however, there is a complete breakdown in the relationship, the parent has a fair defence. Where the parent has lost control of the young offender, or the offender ceases to be their responsibility, they can, as can the police, apply for the parental direction to be varied or discharged.

We take very seriously the burden, as the hon. Gentleman put it, that we are placing on parents here. It has a practical use. We do not want the message to go out that young people need not bother to turn up

with their parents. It is essential that they do. Where the situation has irretrievably broken down, there is a defence for the parents. I hope that in light of those reassurances the hon. Gentleman will withdraw the amendment.