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Lord Lucas: My Lords, I thank the noble and learned Lord, Lord Falconer, for Amendment No. 130, on which we had long discussions when the Bill was in the House. He promised to do something about the matter and I am delighted with the result. I would also like to thank Lesley Dix, an official in the criminal law policy unit and, doubtless, others like her who took up the point that I raised, which is now the subject of Amendments Nos. 112 and 113.

My point was completely nerdy and made no impression at all on the Minister in debate, but I am delighted to say that it was taken up by officials and has emerged as an amendment, which I am delighted to see. That deserves a very special thank you, because one thinks ill of officials from time to time, especially when they are supporting the government line. It is very nice to have the chance to say, "Thank you".

On Question, Motion agreed to.

COMMONS AMENDMENTS

16Clause 23, page 11, line 4, leave out "subsections (2) to (8)" and insert "the following subsections"
17Page 11, line 30, at end insert— "( ) This subsection applies if A is appointed to be the guardian of B under Article 159 or 160 of the Children (Northern Ireland) Order 1995 (S.I. 1995/ 755 (N.I. 2))."


18Page 11, line 32, leave out from "under" to end of line 33 and insert "—
(a) sections 8 to 10 of the Employment and Training Act 1973 (c. 50), or
(b) section 114 of the Learning and Skills Act 2000 (c. 21) and, in that capacity, looks after B on an individual basis.


    ( ) This subsection applies if A regularly has unsupervised contact with B (whether face to face or by any other means)—


(a) in the exercise of functions of a local authority under section 20 or 21 of the Children Act 1989 (c. 41), or
(b) in the exercise of functions of an authority under Article 21 or 23 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))."
19Page 11, line 33, at end insert— "( ) This subsection applies if A, as a person who is to report to the court under section 7 of the Children Act 1989 (c. 41) or Article 4 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) on matters relating to the welfare of B, regularly has unsupervised contact with B (whether face to face or by any other means)."

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20Page 11, line 39, at end insert— "( ) This subsection applies if—


(a) B is subject to a care order, a supervision order or an education supervision order, and
(b) in the exercise of functions conferred by virtue of the order on an authorised person or the authority designated by the order, A looks after B on an individual basis. ( ) This subsection applies if A—


(a) is an officer of the Service appointed for B under section 41(1) of the Children Act 1989 (c. 41),
(b) is appointed a children's guardian of B under rule 6 or rule 18 of the Adoption Rules 1984 (S.I. 1984/265), or
(c) is appointed to be the guardian ad litem of B under rule 9.5 of the Family Proceedings Rules 1991 (S. I. 1991/1247) or under Article 60(1) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), and, in that capacity, regularly has unsupervised contact with B (whether face to face or by any other means)."


21Clause 24, page 12, line 9, leave out "alone"
22Page 12, line 23, at end insert— ""care order" has—


    (a) in relation to England and Wales, the same meaning as in the Children Act 1989 (c. 41), and


    (b) in relation to Northern Ireland, the same meaning as in the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));"


23Page 12, line 34, at end insert— ""education supervision order" has—


    (a) in relation to England and Wales, the meaning given by section 36 of the Children Act 1989 (c. 41), and


    (b) in relation to Northern Ireland, the meaning given by Article 49(1) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));"


24Page 13, line 8, at end insert— ""supervision order" has—


    (a) in relation to England and Wales, the meaning given by section 31(11) of the Children Act 1989 (c. 41), and


    (b) in relation to Northern Ireland, the meaning given by Article 49(1) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));"


25Clause 25, page 13, line 18, leave out from "if" to end and insert "at the time —
(a) B is 16 or over, and
(b) A and B are lawfully married"
26Page 13, line 19, leave out "A to prove that he" and insert "the defendant to prove that A"
27Clause 27, page 14, line 12, after "liable" insert "—
(a) where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years;
(b) in any other case—
(i) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(ii) "
28Page 14, line 19, at end insert— "(6) This subsection applies where the touching involved—

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(a) penetration of B's anus or vagina with a part of A's body or anything else,
(b) penetration of B's mouth with A's penis,
(c) penetration of A's anus or vagina with a part of B's body, or
(d) penetration of A's mouth with B's penis."
29Clause 28, page 14, line 43, after "liable," insert "—
(a) where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years;
(b) in any other case—
(i) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(ii) "
30Page 15, line 4, at end insert— "(6) This subsection applies where the touching to which the incitement related involved—


(a) penetration of B's anus or vagina with a part of A's body or anything else,
(b) penetration of B's mouth with A's penis,
(c) penetration of A's anus or vagina with a part of B's body, or
(d) penetration of A's mouth with B's penis."
31Clause 29, page 15, line 13, leave out from beginning to second "or"
32Page 15, line 18, leave out "partner of the other's parent" and insert "other's step-parent"
33Page 15, line 40, at beginning insert ""step-parent" includes a parent's partner and"
34Clause 30, page 15, line 43, leave out from "if" to end of line 44 and insert "at the time—
(a) B is 16 or over, and
(b) A and B are lawfully married"
35Page 16, line 1, leave out "A to prove that he" and insert "the defendant to prove that A"
36Clause 32, page 16, line 20, after "of" insert "or for a Amendment related to"
37Page 16, line 20, leave out "or learning disability"
38Page 16, line 23, leave out "or learning disability"
39Page 16, line 23, after "it" insert "or for a reason related to it"
40Page 16, line 28, leave out "possible" and insert "reasonably foreseeable"
41Page 16, line 31, leave out from "section" to "if" in line 35
42Page 16, line 40, at end insert ", is liable, on conviction on indictment, to imprisonment for life.


    ( ) Unless subsection (3) applies, a person guilty of an offence under this section is liable—


(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years."
43Clause 33, page 17, line 7, after "of" insert "or for a Amendment related to"
44Page 17, line 7, leave out "or learning disability"
45Page 17, line 10, leave out "or learning disability"
46Page 17, line 10, after "it" insert "or for a reason related to it"

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47Page 17, line 15, leave out "possible" and insert "reasonably foreseeable"
48Page 17, line 18, leave out from "section" to "if" in line 22
49Page 17, line 27, at end insert ", is liable, on conviction on indictment, to imprisonment for life.


    ( ) Unless subsection (3) applies, a person guilty of an offence under this section is liable—


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