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Lord Falconer of Thoroton: My Lords, as I indicated in Committee, some of the convictions for indecency and buggery before the age of consent was lowered in 2000 will have involved non-consensual activity with 16 and 17 year-olds. From before 1994 there may also be a small number of cases that involve anal rape of a 16 or 17 year-old.

However, I recognise that placing a registration requirement on those involved in purely consensual activity with a person who would now be above the age of consent is unfair and unnecessary for the protection of the public. It is not a question of whether, but of how. We have been looking at how we might be able to deregister such people while ensuring that those who should remain on the register do so. We need a practical solution that is fair to those involved but that maintains public confidence in the registration requirements.

That may involve looking at each individual case, but further work needs to be done on the practicalities. We will therefore provide a final statement of our intentions in time for consideration of the Bill in Committee in the Commons. I assure noble Lords that we are determined to find a solution to the issue that will remove from the register all those who were involved in consensual activity without compromising public protection.

Baroness Walmsley: My Lords, I thank the Minister for that reassurance and look forward to what is proposed in the Commons. Stonewall, which suggested I tabled the amendments, has suggested that applications from people who feel they should no longer be on the register might be an appropriate way forward with reassurance from the Minister that under the circumstances he has outlined such applications will meet with a satisfactory response. In the meantime I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

9 Jun 2003 : Column 112

Baroness Walmsley moved Amendment No. 193F:


    Page 76, line 10, leave out "18" and insert "16"

On Question, amendment agreed to.

Baroness Walmsley moved Amendment No. 193G:


    Page 76, line 22, leave out "18" and insert "16"

The noble Baroness said: My Lords, I beg to move.

Lord Falconer of Thoroton: My Lords, the list I have is wrong. I do not support the amendments. I apologise.

On Question, amendment negatived.

Lord Falconer of Thoroton moved Amendments Nos. 194 to 196:


    Page 79, line 4, leave out from "rape" to end of line 9.


    Page 79, line 10, leave out from "ravish" to end of line 15.


    Page 79, line 16, leave out from "assault" to end of line 21.

On Question, amendments agreed to.

[Amendments Nos. 197 to 198A not moved.]

Lord Falconer of Thoroton moved Amendment No. 198B:


    Page 79, line 38, at end insert—


"An offence under section 106 of the Mental Health (Scotland) Act 1984 (c. 36) (protection of mentally handicapped females).
An offence under section 107 of that Act (protection of patients)."

On Question, amendment agreed to.

[Amendments Nos. 199 to 201 not moved.]

Lord Falconer of Thoroton moved Amendments Nos. 201A to 201L:


    Page 80, line 22, at end insert—


"52A An offence under section 311(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (non-consensual sexual acts).
52B An offence under section 313(1) of that Act (persons providing care services: sexual offences).
52C An offence in Scotland other than is mentioned in paragraphs 33 to 52B if the court, in imposing sentence or otherwise disposing of the case, determines for the purposes of this paragraph that there was a significant sexual aspect to the offender's behaviour in committing the offence." Page 80, line 25, leave out "against" and insert "upon"


    Page 80, line 25, at end insert "if—


(a) where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
(b) in any other case—
(i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been—
(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 18 months." Page 80, line 44, leave out "18" and insert "17"


    Page 81, line 1, leave out "(" and insert "of"

9 Jun 2003 : Column 113


    Page 81, line 2, leave out from "buggery" to "if"


    Page 81, line 3, leave out from "under" to end of line 7 and insert "17"


    Page 81, line 7, at end insert—


"An offence under section 62 of that Act of indecent assault upon a male person if—
(a) where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
(b) in any other case—
(i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been—
(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 18 months." Page 81, line 19, leave out "18" and insert "17"


    Page 82, line 5, at end insert—


"An offence under Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (buggery) if—
(a) the offender was 20 or over, and
(b) the victim or (as the case may be) other party was under 17.
An offence under Article 20 of that Order (assault with intent to commit buggery) if the victim was under 18.
An offence under Article 21 of that Order (indecent assault upon a male) if—
(a) where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
(b) in any other case—
(i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been—
(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 18 months." Page 83, line 31, at end insert—


"A determination under paragraph 52C constitutes part of a person's sentence, within the meaning of the Criminal Procedure (Scotland) Act 1995 (c. 46), for the purposes of any appeal or review."

On Question, amendments agreed to.

Schedule 4 [Other offences for purposes of Part 2]:

[Amendment No. 202 not moved.]

Schedule 5 [Minor and consequential amendments]:

Lord Falconer of Thoroton moved Amendments Nos. 203 to 217:


    Page 90, line 4, after "vagabonds)" insert "except so far as extending to Northern Ireland"


    Page 90, line 5, at end insert—


"In section 4 of the Vagrancy Act 1824 as it extends to Northern Ireland, omit the words from "wilfully, openly, lewdly" to "any female; or"." Page 90, line 11, leave out from "1861" to end of line 14 and insert ", omit sections 61 and 62."


    Page 90, line 20, leave out paragraph 5 and insert—

9 Jun 2003 : Column 114


"The Vagrancy Act 1898 ceases to have effect." Page 90, line 22, leave out paragraph 6.


    Page 91, line 13, leave out "In section 21 of"


    Page 91, line 14, after "1968" insert "is amended as follows.


( ) In section 21 (causing or encouraging seduction or prostitution of girl under 17)" Page 91, line 17, at end insert—


"( ) In Schedule 1 (offences against children and young persons to which special provisions of that Act apply), at the end insert—
"Any offence against a child or young person under any of sections 17 to 22, 52 to 62, 69 and 70 of the Sexual Offences Act 2003 or any attempt to commit such an offence."" Page 92, line 8, leave out paragraph 20.


    Page 93, line 13, leave out sub-paragraphs (4) to (6) and insert—


"( ) Omit section 20.
( ) In section 21 (procedural provisions with respect to orders)—
(a) omit subsection (2);
(b) in subsection (4)—
(i) omit "or (2)"; and
(ii) for "either of those subsections" substitute "that subsection";
(c) in subsection (5), omit "or 20";
(d) in subsection (6), omit "and sex offender orders" and "or 20(4)(a)";
(e) in subsection (7)(b)(i), omit "or, as the case may be, chief constable";
(f) omit subsections (7A) and (7B); and
(g) in subsection (10), omit "or 20".
( ) Omit section 21A.
( ) In section 22 (offences in connection with breach of orders), omit subsections (6) and (7)." Page 94, line 27, leave out "sub-paragraph (e)" and insert "sub-paragraphs (c), (e) and (j)"


    Page 94, line 28, leave out sub-paragraph (b) and insert—


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