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Lord Lucas: Perhaps I may ask a couple of questions. I am puzzled by what the noble and learned Lord said in terms of the offences to which this part of the Bill is restricted. There are a large number of child sex offences in Schedule 2 which are not covered by Amendment No. 458ZC(2)(a). This may be where the Government want to start, but would it not be wise to have a power in the Bill to add to that list of paragraphs by order? It seems to me that a large chunk of offending behaviour is being missed out.

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Secondly, I am not at all up to speed with what is meant by subsection (2)(c)in Amendment No. 458ZC where it says that,


    "the corresponding civil offence is an offence within any of the paragraphs 13 to 15 of that Schedule".

How can a civil offence be an offence within a criminal statute? I do not understand why that formulation is used. I would be grateful for enlightenment on both matters.

Lord Falconer of Thoroton: On the first point, we think we have the balance broadly right. We do not think we require a further power. All sexual offences in Schedule 2 where the victim is under 16 are covered, and we think that is sufficient. On the second point, will the noble Lord forgive me for saying that I shall write to him about it? It is an issue that I should write about rather than give an answer at this stage in the proceedings.

Lord Lucas: I should like to pick the noble and learned Lord up on what he said to begin with. Paragraph 10 of Schedule 2 refers to:


    "An offence under section 28 of that Act (causing or encouraging the prostitution of, intercourse with or indecent assault on girl under sixteen)".

That would appear to be a child sex offence but it is not included in subsection (2)(a) of the amendment and similar paragraphs. I do not understand why the section—

Lord Falconer of Thoroton: Perhaps I can write to the noble Lord.

On Question, amendment agreed to.

Lord Falconer of Thoroton moved Amendments Nos. 458ZB to 458ZG:


    After Clause 109, insert the following new clause—


"Section (Foreign travel orders: applications and grounds): interpretation
(1) Subsections (2) to (5) apply for the purposes of section (Foreign travel orders: applications and grounds).
(2) "Protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom" means protecting persons under 16 generally or any particular person under 16 from serious physical or psychological harm caused by the defendant doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 2 if done in England and Wales or Northern Ireland.
(3) Acts and behaviour include those occurring before the commencement of this Part.
(4) "Qualifying offender" has the meaning given by section (Section (Foreign travel orders: applications and grounds): qualifying offenders).
(5) "Appropriate date", in relation to a qualifying offender, means the date or (as the case may be) the first date on which he was convicted, found or cautioned as mentioned in subsection (1) or (3) of section (Section (Foreign travel orders: applications and grounds): qualifying offenders).
(6) In this section and section (Section (Foreign travel orders: applications and grounds): qualifying offenders) as they apply to Northern Ireland, references to persons, or to a person, under 16 are to be read as references to persons, or to a person, under 17."
After Clause 109, insert the following new clause—

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"SECTION (FOREIGN TRAVEL ORDERS: APPLICATIONS AND GROUNDS): QUALIFYING OFFENDERS
(1) A person is a qualifying offender for the purposes of section (Foreign travel orders: applications and grounds) if, whether before or after the commencement of this Part, he—
(a) has been convicted of an offence within subsection (2),
(b) has been found not guilty of such an offence by reason of insanity,
(c) has been found to be under a disability and to have done the act charged against him in respect of such an offence, or
(d) in England and Wales or Northern Ireland, has been cautioned in respect of such an offence.
(2) The offences are—
(a) an offence within any of paragraphs 13 to 15, 41 to 43, 63, 64 and 66 of Schedule 2;
(b) an offence within paragraph 28 of that Schedule, if the intended offence was an offence against a person under 16;
(c) an offence within paragraph 68 of that Schedule, if—
(i) the corresponding civil offence is an offence within any of paragraphs 13 to 15 of that Schedule;
(ii) the corresponding civil offence is an offence within paragraph 28 of that Schedule, and the intended offence was an offence against a person under 16; or
(iii) the corresponding civil offence is an offence within any of paragraphs 1 to 12, 16 to 27 and 29 to 32 of that Schedule, and the victim of the offence was under 16 at the time of the offence.
(d) an offence within any other paragraph of that Schedule, if the victim of the offence was under 16 at the time of the offence.
(3) A person is also a qualifying offender for the purposes of section (Foreign travel orders: applications and grounds) if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—
(a) he has been convicted of a relevant offence (whether or not he has been punished for it),
(b) a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that he is not guilty by reason of insanity,
(c) such a court has made in respect of a relevant offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence, or
(d) he has been cautioned in respect of a relevant offence.
(4) In subsection (3), "relevant offence" means an act which—
(a) constituted an offence under the law in force in the country concerned, and
(b) would have constituted an offence within subsection (2) if it had been done in England and Wales or Northern Ireland.
(5) An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (4), however it is described in that law.
(6) Subject to subsection (7), on an application under section (Foreign travel orders: applications and grounds) the condition in subsection (4)(b) above (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—

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(a) stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,
(b) showing his grounds for that opinion, and
(c) requiring the applicant to prove that the condition is met.
(7) The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (6)."
After Clause 109, insert the following new clause—


"FOREIGN TRAVEL ORDERS: EFFECT
(1) A foreign travel order has effect for a fixed period of not more than 6 months, specified in the order.
(2) The order prohibits the defendant from doing whichever of the following is specified in the order—
(a) travelling to any country outside the United Kingdom named or described in the order,
(b) travelling to any country outside the United Kingdom other than a country named or described in the order, or
(c) travelling to any country outside the United Kingdom.
(3) The only prohibitions that may be included in the order are those necessary for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom.
(4) If at any time while an order (as renewed from time to time) has effect a defendant is not a relevant offender, the order causes him to be subject to the requirements imposed by regulations made under section 88(1) (and for these purposes the defendant is to be treated as if he were a relevant offender).
(5) Where a court makes a foreign travel order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.
(6) Section (Section (Foreign travel orders: applications and grounds): interpretation) (2) applies for the purposes of this section and section (Foreign travel orders: variations, renewals and discharges)."
After Clause 109, insert the following new clause—


"FOREIGN TRAVEL ORDERS: VARIATIONS, RENEWALS AND DISCHARGES
(1) A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a foreign travel order.
(2) The persons are—
(a) the defendant;
(b) the chief officer of police on whose application the foreign travel order was made;
(c) the chief officer of police for the area in which the defendant resides;
(d) a chief officer of police who believes that the defendant is in, or is intending to come to, his police area.
(3) Subject to subsection (4), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the foreign travel order, that the court considers appropriate.
(4) An order may be renewed, or varied so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom (and any renewed or varied order may contain only such prohibitions as are necessary for this purpose).
(5) In this section "the appropriate court" means—
(a) the court which made the foreign travel order;
(b) a magistrates' court for the area in which the defendant resides; or
(c) where the application is made by a chief officer of police, any magistrates' court whose commission area includes any part of his police area."
After Clause 109, insert the following new clause—

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