Part of Sexual Offences Bill [Lords] – in a Public Bill Committee at 4:30 pm on 14 October 2003.
I appreciate the spirit in which the hon. Lady moved amendment No. 254. As the amendment suggests, there should be a substantial risk to children, and I hope that I can reassure her that the Bill provides all the tests that she requires. The police must have reasonable cause, based on the defendant's behaviour since his conviction for a sexual offence, to believe that it is necessary for a foreign travel order to be made. The hon. Lady may care to look at subsection (3)(b), which clearly says:
''the defendant's behaviour since the appropriate date makes it necessary to make such an order, for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom.''
The test that the amendment would insert is already provided for in the Bill. The same applies to amendment No. 256.
On amendment No. 258, it is difficult to balance the need for something immediate, in cases where there is an immediate threat to the welfare of a child, with the obvious need for firm proof in relation to a long-term order. The problem with using the test of necessity when seeking to make an interim order is that the test
may be too difficult to prove. That would mean a delay in obtaining the order, which might expose a child or children to risk from that offender in the intervening period. The purpose of the interim order, which has the lower test, is to provide us with power and protection immediately, so that we can go on to make the long-term order, which requires the higher test, later. I hope that the Committee will agree that the balanced approach of a slightly lower test for the interim order but a more rigorous test for the long-term order strikes the right balance between justice for the person involved and protection for children and the wider community.