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Baroness Scotland of Asthal moved Amendment No. 218CR:


On Question, amendment agreed to.

Schedule 14 [Specified offences for purposes of Chapter 5 of Part 11]:

Lord Bassam of Brighton moved Amendment No. 218D:


    Page 278, line 3, at end insert—


"An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system)."

5 Nov 2003 : Column 892

The noble Lord said: My Lords, this very large group of amendments, which starts with Amendments Nos. 218D to 218H and includes Amendments Nos. 220A to 220C, 220G, 236T, 237A, 238A and 246C, makes minor changes to provisions in the Bill to take account of other Bills going through Parliament.

Amendments Nos. 220G, 238A, 218G, 218H, 220B, 220C, 236T, 237A and 246C all make small changes to provisions in the Bill to take account of the Sexual Offences Bill. Amendment No. 218F makes a small change to Schedule 14 to take account of the Female Genital Mutilation Bill. Amendments Nos. 220A, 218D and 218E make minor drafting improvements. I hope that noble Lords will not test me on all those. However, if they do, I have an explanation for each and I warn them that it will take some time. I beg to move.

On Question, amendment agreed to.

Lord Bassam of Brighton moved Amendments Nos. 218E to 218H:


    Page 278, line 11, leave out paragraph 59.


    Page 278, line 16, at end insert—


"An offence under section 1 of the Female Genital Mutilation Act 2003 (female genital mutilation).
An offence under section 2 of that Act (assisting a girl to mutilate her own genitalia).
An offence under section 3 of that Act (assisting a non-UK person to mutilate overseas a girl's genitalia)." Page 279, line 25, at end insert—


"An offence under section 33 of that Act (keeping a brothel)." Page 280, line 6, at end insert—


"An offence under section 1 of the Sexual Offences Act 2003 (rape).
An offence under section 2 of that Act (assault by penetration).
An offence under section 3 of that Act (sexual assault).
An offence under section 4 of that Act (causing a person to engage in sexual activity without consent).
An offence under section 5 of that Act (rape of a child under 13).
An offence under section 6 of that Act (assault of a child under 13 by penetration).
An offence under section 7 of that Act (sexual assault of a child under 13).
An offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual activity).
An offence under section 9 of that Act (sexual activity with a child).
An offence under section 10 of that Act (causing or inciting a child to engage in sexual activity).
An offence under section 11 of that Act (engaging in sexual activity in the presence of a child).
An offence under section 12 of that Act (causing a child to watch a sexual act).
An offence under section 13 of that Act (child sex offences committed by children or young persons).
An offence under section 14 of that Act (arranging or facilitating commission of a child sex offence).
An offence under section 16 of that Act (meeting a child following sexual grooming etc.).
An offence under section 17 of that Act (abuse of position of trust: sexual activity with a child).

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An offence under section 18 of that Act (abuse of position of trust: causing or inciting a child to engage in sexual activity).
An offence under section 19 of that Act (abuse of position of trust: sexual activity in the presence of a child).
An offence under section 20 of that Act (abuse of position of trust: causing a child to watch a sexual act).
An offence under section 26 of that Act (sexual activity with a child family member).
An offence under section 27 of that Act (inciting a child family member to engage in sexual activity).
An offence under section 31 of that Act (sexual activity with a person with a mental disorder).
An offence under section 32 of that Act (causing or inciting a person with a mental disorder to engage in sexual activity).
An offence under section 33 of that Act (engaging in sexual activity in the presence of a person with a mental disorder).
An offence under section 34 of that Act (causing a person with a mental disorder to watch a sexual act).
An offence under section 35 of that Act (inducement, threat or deception to procure sexual activity with a person with a mental disorder).
An offence under section 36 of that Act (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception).
An offence under section 37 of that Act (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder).
An offence under section 38 of that Act (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception).
An offence under section 39 of that Act (care workers: sexual activity with a person with a mental disorder).
An offence under section 40 of that Act (care workers: causing or inciting sexual activity).
An offence under section 41 of that Act (care workers: sexual activity in the presence of a person with a mental disorder).
An offence under section 42 of that Act (care workers: causing a person with a mental disorder to watch a sexual act).
An offence under section 48 of that Act (paying for sexual services of a child).
An offence under section 49 of that Act (causing or inciting child prostitution or pornography).
An offence under section 50 of that Act (controlling a child prostitute or a child involved in pornography).
An offence under section 51 of that Act (arranging or facilitating child prostitution or pornography).
An offence under section 53 of that Act (causing or inciting prostitution for gain).
An offence under section 54 of that Act (controlling prostitution for gain).
An offence under section 57 of that Act (trafficking into the UK for sexual exploitation).
An offence under section 58 of that Act (trafficking within the UK for sexual exploitation).
An offence under section 59 of that Act (trafficking out of the UK for sexual exploitation).
An offence under section 61 of that Act (administering a substance with intent).
An offence under section 62 of that Act (committing an offence with intent to commit a sexual offence).
An offence under section 63 of that Act (trespass with intent to commit a sexual offence).
An offence under section 64 of that Act (sex with an adult relative: penetration).
An offence under section 65 of that Act (sex with an adult relative: consenting to penetration).

5 Nov 2003 : Column 894


An offence under section 67 of that Act (exposure).
An offence under section 68 of that Act (voyeurism).
An offence under section 70 of that Act (intercourse with an animal).
An offence under section 71 of that Act (sexual penetration of a corpse)."

On Question, amendments agreed to.

Clause 211 [The assessment of dangerousness]:

Baroness Walmsley moved Amendment No. 219:


    Page 124, line 1, leave out "may" and insert "must"

The noble Baroness said: My Lords, in moving Amendment No. 219 I shall speak also to Amendment No. 220. The purpose of these amendments is to provide additional safeguards for children and young people convicted of sexual and violent offences in relation to the court's assessment of their dangerousness. The amendment would ensure that in deciding whether to impose an indeterminate sentence under Clause 208 or an extended sentence under Clause 210, the court is obliged to take into account all the relevant information available to it and the child's welfare and the capacity for rehabilitation.

The sentences in Clauses 208 and 210 represent a massive leap in the restriction of liberty for children and introduce a mandatory element for a wider range of offences. Children's organisations are concerned that without additional safeguards for children, that will result in more children being locked up and for longer. They mirror the adult provisions in Clauses 207 and 209 and contain insufficient safeguards to ensure that children are not disproportionately detained.

It is hard to see how the new sentences meet the UK's legal obligations under the United Nation's Convention on the Rights of the Child to ensure that custody should be used only as a measure of last resort and for the minimum appropriate period of time. On many occasions in your Lordships' House I have referred to the response of the UN Committee on the Rights of the Child to the UK Government's report on the implementation of the UNCRC. In the response the committee is extremely critical of the UK Government with respect to the youth justice system in England and Wales. It expressed particular concern about the increasing use of custody for children, especially young children, and their treatment in custody.

I could go into great detail about the criticism, but I shall not. In any event, the length of the sanction should be determined by judicial authority and on the basis of an assessment of the individual circumstances in the case. That is not the way in which the Bill has been drafted. I beg to move.


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