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Extract
from House of Commons Hansard,
Debates for 15th July 2003
Sexual
Offences Bill 2nd Reading
Mr.
Neil Gerrard (Walthamstow):
I find
myself in the unusual position of welcoming a Home Office Bill—I have not been
too happy with the last two or three Home Office Bills that I have spoken about.
The Bill deals with some difficult areas but, as we have already seen in our
debate, there is a lot of general agreement about its direction. It is now a
question of looking at the detail and getting it right.
I want
to say something about the provisions on trafficking but, before I do so, I will
comment on what the hon. Member for Southwark, North and Bermondsey (Simon
Hughes) said about the difficult argument about anonymity in rape cases. I do
not think that anyone is now arguing that there should not be anonymity for the
complainant. The need for such anonymity has been generally accepted for some
time, as it encourages reporting. We know about failure rates in the system and
the low rate of conviction, but should the defendant have the right to
anonymity? I believe that the Bill as it stands goes too far—we ought to look at
what happens before a charge is made, not after.
What
the hon. Member for Southwark, North and Bermondsey said about publicity is the
key to the problem. It is often the police who pass information on. The News
of the World discovers that a particular individual is being taken to a
particular police station on a particular day because it has been told by
someone in the police force, who has probably done it for a fairly small amount
of money. Money often changes hands when such information is passed on, and we
have to look at ways of dealing with that through the police service and the
press, rather than start to extend anonymity provisions, as the amendment in the
Lords has done.
Sir
Paul Beresford: The hon. Gentleman may be gratified to hear that most of
the senior policemen I have talked to would back what he is saying, as they have
had many a case destroyed by publicity. If they could catch the individuals who
have released that information to the papers they would be gratified and there
would be heavy repercussions.
Mr.
Gerrard: I am sure that is right. There can be nothing more frustrating
for a senior policeman who has been investigating a case than to have it damaged
or destroyed by someone leaking what is happening.
The
question of trafficking was addressed my hon. Friend the Member for Northampton,
North (Ms Keeble), and I shall try not to repeat what she said. I have been
interested in the subject for some time, as there are links with the smuggling
that goes on in immigration and asylum cases, which are one of my major areas of
interest. Two or three years ago, like a number of other hon. Members, I took
part in the parliamentary police scheme, and spent a little time with the
Chinese unit and the vice unit in the Metropolitan police. It was interesting to
hear what police officers, particularly those in the Chinese unit, had to say
about the amount of smuggling and trafficking of people that was going on.
There
is a distinction between smuggling and trafficking, as the Government now
recognise. If someone who is trying to get into the country for immigration
purposes or to work illegally pays someone to bring them here, it is almost a
commercial transaction. They pay to be brought in and that is the end of the
business, whereas trafficking is quite different and ends up with people being
exploited when they get into the country. It is a modern form of slavery,
involving debt bondage—debts that they can never pay off, and perhaps with a
family back in the country of origin still paying off a debt.
As the
Bill deals with sexual offences, I understand why it refers to trafficking for
sexual exploitation, but I hope we will not lose sight of the fact that a
considerable amount of trafficking goes on for labour purposes. That involves
not only children, but adults, and it is not just for domestic service. There
are other areas, especially in some service industries, where a significant
amount of trafficking for labour purposes goes on. That is just as bad as
trafficking of the sort addressed by the Bill.
Many of
the people—certainly, many of the adults—who have been trafficked may well come
to the UK thinking that they are going to work in a legitimate job. They may
even come knowing full well that they are going to work in the sex business.
People are told that they can earn good money working in a club, in a strip club
or as a prostitute, but they may not understand what is really going to happen
to them when they get here.
Some
poor countries—for example, Thailand—have an indigenous sex industry. I recently
saw it suggested that because of the extent of the sex industry in Bangkok, the
amount of money sent back to poor families in the rural areas of Thailand by
women working in the sex industry in Bangkok exceeds any Government aid to those
areas. Working in the sex trade is almost an accepted way of getting some money
to the family, so we can understand how somebody might think, "If I could go to
London, I could make a lot of money", but when they get here, they find that
they are not making any money at all and are virtual slaves.
It is
probably as profitable a criminal activity internationally to traffick people as
to deal in drugs. There is not a huge amount of hard evidence about what is
happening in the UK. My hon. Friend the Member for Northampton, North mentioned
the ECPAT study and the study that was reported in the police research paper
published in 2000. Those papers suggested that there might be 1,500 women a year
being trafficked into the UK to work in prostitution. The police research paper
reported on a check carried out by police on 50 flats in Soho. In those 50
flats, the majority of the women were migrants—125 of the 148 women were from
the Balkans, mostly from Albania. There is clearly organisation there. Very few
English women now work in the flats in Soho. The work has been taken over.
Although some of those women may not have been trafficked, there is little doubt
that a significant number would have been.
My hon.
Friend the Member for Northampton, North is right—the key to dealing with the
problem is not just introducing legislation that imposes penalties, but making
that legislation work. We will make it work only if the people who have been
trafficked are genuinely regarded as victims and are given the support that they
need to be prepared to give evidence. The pilot scheme is under way and it has
Home Office funding. I think that it has 11 places for women who have been
trafficked. That is a small number, but it is a beginning. West Sussex social
services have been running a safe house specifically for child victims. We have
got to get the links with our policies on removal and asylum right. If the
message that goes out to victims is "If the police find you, you will be
deported", it is highly unlikely that many of them will be willing to risk
giving evidence. Deporting somebody may mean that they go back to the people who
trafficked them in the first place and fall back into risk.
I know
that some work has been done, particularly through the Metropolitan police, to
look at ways of getting more evidence for prosecutions through intelligence
gathering. We need to encourage such work and put more effort in so that cases
do not depend so much on individuals being prepared to act as witnesses. There
are other information sources, but there is no question but that a lot of police
forces do not give much attention to them. They do not have much knowledge and
experience in such things and assume that they do not happen in their area.
Northampton is a good example; it is clear that not only London is affected and
that such activities could be happening anywhere in the country.
Furthermore, if we are going to make the legislation work, we will undoubtedly
need prevention campaigns in countries of origin. In many cases, countries of
origin are poor and countries of reception, such as the UK, are rich. The reason
why trafficking operates in that direction is obvious. The movement is not
always from poor to rich, but that is very often the case.
I am
pleased that we have made progress. It was back in 2000 that we signed the
European Union protocol stating that we would introduce legislation on
trafficking. We have got to make the arrangements work and I hope that my hon.
Friend the Minister will consider how we can extend them into the areas that the
Bill does not cover.
I wish
to raise two other issues of concern. The hon. Member for Oxford, West and
Abingdon (Dr. Harris) referred to people who are on the sex offenders register
in respect of acts that are no longer an offence. For example, a gay man who was
convicted for involvement in sexual activity with a 17-year-old will have ended
up on the register. I understand the difficulties that are involved in dealing
with this issue. At the time of conviction, there may not have been much
questioning as to whether an act was consensual if it was an offence anyway. The
Home Office may have reservations about taking people off the sex offenders
register when the act was not consensual—a matter that might not be easy to
distinguish. I hope that my hon. Friend the Member for Rhondda (Mr. Bryant)
follows my point. If the offence was involvement in sexual activity with someone
under 18, the court may not have concerned itself with the issue of consent.
Nevertheless, even if we cannot agree to an amendment that wipes people off the
register, I hope that we can consider mechanisms enabling people to apply for
removal and put forward the facts of their case.
Mr.
Chris Bryant (Rhondda): I am grateful to my hon. Friend for giving way,
not least because I have not been present in the Chamber for most of the debate,
although I have seen it on television. He is making a very important point. Does
he share the belief of many people that taking some of the names off the
register will make it a more reliable source of information in the hands of the
police and local communities?
Mr.
Gerrard: That is absolutely right. I understand the logic of the argument
that we cannot retrospectively remove an offence. If somebody committed an act
that was illegal, the conviction cannot be wiped off the slate. However, it is
clear that if somebody is not a danger, it is pointless to include them on a
register that will be used to check whether a person is a danger.
The
other point about the sex offenders register that concerns me somewhat is that
it is possible that somebody's name could be put on the register when they have
merely been cautioned for an offence. If the police did not regard what was
happening as serious enough to merit a charge, there is a question mark over
whether that person should appear on the register.
Ms
Debra Shipley (Stourbridge): I thank my hon. Friend for giving way,
particularly as I was unable to attend earlier. As he knows, because he took
part in that debate, I was responsible for the Protection of Children Act 1999.
So-called soft information was to be put on to the register because otherwise
young people would be at risk and because it gave the opportunity to check for
more information. The reason for keeping somebody who has been a convicted
offender on the register for ever is that if they had made a serious sexual
attack on a child, say, 20 years ago, they may well offend again, and the law
should not permit them to do so.
Mr.
Gerrard: I have no difference of view about somebody who has attacked a
child—that person is on the register and should stay there. Rather, I am
concerned about a relatively small number of cases involving particularly people
who, as a result of the change in the age of consent, would not now be regarded
as having committed an offence.
Clauses
121 to 127, which were mentioned by the hon. Member for Beaconsfield (Mr.
Grieve), could have wide implications. The police can apply for a risk of sexual
harm order on the grounds that the defendant has, on at least two occasions,
committed one of a number of acts. One of those acts is to give a child anything
that relates to sexual activity, which, as the notes to the Bill state, could
include a condom. We should remember that a child is defined in this context as
someone who is under 16. I can imagine that in a number of situations a person
might feel that it was in the best interests of a child of that age to give them
a condom. This part of the Bill allows orders to be issued against someone who
has not been convicted of anything. When it becomes known that a person has had
a risk of sexual harm order placed on them, they will find it almost as bad as
having had a conviction, because they will still be seen as a paedophile. One of
the arguments about anonymity in rape cases is that people say that there is no
smoke without fire—that if a person has been charged, there must be something to
it. That argument applies at least equally strongly in this case.
It
might be argued that the police and courts will not apply for orders on trivial
grounds—although I can think of one or two ex-chief constables whom I would not
have trusted not to do so—but we should not afford them that opportunity. I hope
that when we reach this part of the Bill in Committee we can debate an amendment
or, at the very least, ensure that the guidance that goes to the police and the
Crown Prosecution Service makes it absolutely clear what sorts of cases the
provision should be used for. It has the potential to catch a very wide range of
activities, at least some of which most people would not regard as problematic.
Overall, the Bill makes considerable progress. It reforms the law on some
difficult subjects in a way that receives broad consent. That is an achievement
and I hope that we can sort out the problems in Committee and end with a measure
that will work.
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