Clause 93 - Certificates for purposes of Part 2

Sexual Offences Bill [Lords] – in a Public Bill Committee at 12:30 pm on 14th October 2003.

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Photo of Harriet Harman Harriet Harman Solicitor General (Law Officers), Member, Labour Party National Executive Committee 12:30 pm, 14th October 2003

I beg to move amendment No. 311, in

clause 93, page 47, line 34, leave out

'to which this Part applies'

and insert 'listed in Schedule 3'.

Photo of Roger Gale Roger Gale Conservative, North Thanet

With this it will be convenient to take Government amendments Nos. 312, 314, 322 to 326 and 372.

Photo of Harriet Harman Harriet Harman Solicitor General (Law Officers), Member, Labour Party National Executive Committee

The amendments in this group are minor amendments designed to improve the clarity and accuracy of the wording of some of the clauses and to make a number of minor changes.

Amendments Nos. 311 and 312 would replace, in relation to the offences for which a certificate may be issued under clause 93, the words:

''to which this Part applies''

with ''listed in Schedule 3''. That is needed to ensure that the offences in question are only those listed in schedule 3 and do not include those listed in schedule 4.

Amendment No. 314 adds, in respect of Northern Ireland, the offences of causing or inciting prostitution for gain and controlling prostitution for gain. These offences are introduced in part 1 of the Bill and already appear in the England and Wales list of offences in schedule 4. However, these offences also apply to Northern Ireland and they should also be listed in the Northern Ireland part of schedule 4.

Clause 130 provides that where an offence in schedule 3 has a sentence threshold, the offender is to be regarded as having a conviction for the offence only when the threshold is met. Amendments Nos. 322, 323, 324 and 325 clarify the ''condition'' must be a ''sentencing condition'' and not, for example, a condition relating to the age of the victim.

Amendment No. 326 removes from clause 131 reference to a ''conviction'' including a finding of guilt by a court martial as this is unnecessary—it is already included in the definition as the hon. Member for Woking will know—and amendment No. 372 removes reference to clause 57 from clause 139(2) as it does not apply to Northern Ireland.

Amendment agreed to.

Amendment made: No. 312, in

clause 93, page 47, line 43, leave out

'to which this Part applies'

and insert 'listed in Schedule 3'.—[Paul Goggins.]

Clause 93, as amended, ordered to stand part of the Bill.

Clause 94 ordered to stand part of the Bill.