Lord Hanson of Flint (Lab)

I am grateful to my noble friend Lady Ritchie of Downpatrick for commencing this discussion and debate. A number of views have been expressed in Committee today and some go wider than the amendments that are before us. The noble Earl, Lord Attlee, raised a number of issues which go beyond what is before us. My noble friend Lady Ritchie also touched on the amendments in the name of my noble friend Lady Goudie. It is clear that there are differing views in the Committee—from the noble Baroness, Lady Featherstone, the noble Earl, Lord Attlee, and indeed the noble Lord, Lord Cameron of Lochiel, on the Front Bench opposite—which tells me that this is a truly complex area where there are very different legislative options open and where the Government need to consider very carefully what needs to be done. The Government are absolutely committed to tackling the harms associated with prostitution and sexual exploitation, including where it takes place online. This is an important part of our work on tackling violence against women and girls which, as colleagues in the Committee will know, is a top government priority, and about which we will be saying more shortly. But we need to look at the evidence. We have limited evidence as to what will most effectively reduce demand for prostitution and disrupt exploitation without—and this is the key point that came out of some of the contributions—unintentionally causing harm to victims and survivors and making life more difficult for those who choose that lifestyle. I say to my noble friend that the Government are not in a position to accept the amendments today, but I want to make it absolutely clear that we are in the business of taking steps to tackle sexual exploitation and to gather evidence to inform further interventions in the future. Amendment 310 in the name of my noble friend Lady Goudie would make it an offence to assist, facilitate, or control the prostitution of another person, regardless of whether the individual secures any personal gain from this facilitation. The broad wording of this offence could—and again this echoes what the noble Baroness, Lady Featherstone, said—have an adverse consequence for people who choose to be engaged in prostitution, for example, by criminalising professionals such as healthcare support workers, charities which provide sexually transmitted infections testing or those providing contraception or safety planning. The noble Baroness, Lady Featherstone, made a compelling case around some of the issues that the Government have reflected on in relation to that amendment. My noble friend Lady Goudie’s amendment would also make it a criminal offence to operate a website hosting adverts for prostitution, and I will come back to that again in a moment, if I may. My noble friend Lady Ritchie, in Amendments 316A and 316B, would introduce new criminal offences to tackle the sale of personalised sexual content online, including audiovisual and visual content. Amendment 316A would make it an offence to own, manage or facilitate one of these online platforms, while Amendment 316B would create an offence of causing or inciting an individual to sell personalised sexual content on these platforms. It would also introduce a duty on the online platform to remove personalised sexual content within 24 hours if an individual is convicted of the offence and if an individual who is incited to sell the content has requested its removal. The Government recognise very strongly that we need to take action to tackle these websites. The so-called pimping websites need to be addressed and tackled. However, I would argue that criminalising those websites may have safety implications for people who sell sex and may result in displacement to on-street prostitution, which is more dangerous for individuals. It may also disrupt policing operations. The police can scan adult service websites for signs of vulnerability and exploitation and to gain data to support criminal investigations. I accept that members of the Committee might want government Ministers to say that, but Changing Lives, an organisation supporting people who have been sexually exploited, also advocates against criminalising adult service websites. Instead, it is calling for stronger regulation, more referral mechanisms and more funding to support people affected by exploitation. Amendment 311 in the name of my noble friend Lady Goudie would make it an offence for an individual to pay for or attempt to pay for sex either for themselves or on behalf of others. The Government have looked in detail at this approach in other countries which have taken it and have seen indications that the law can be misused to harass and victimise people engaged in prostitution. Again, that is a matter for debate and discussion, but that is the view the Government currently take. Amendment 312, in the name of my noble friend Lady Goudie, would repeal the offence in Section 1 of the Street Offences Act 1959 which criminalises a person aged 18 or over who persistently loiters or solicits “in a street or public place for the purpose of prostitution”. Amendment 313 would disregard prior convictions and cautions. There may be some common ground here, because I absolutely recognise the concern that this offence may criminalise vulnerable individuals and restrict their opportunities for employment. However, I am also mindful that on-street prostitution can have an impact on local communities, and it is important that we consider their views. My noble friend Lady Goudie, were she able to be here, would say that the criminal law rightly evolved in 2015 to make it clear that children cannot be prostitutes and that any child who is paid in exchange for sex is clearly a victim of child sexual exploitation. Therefore, I would argue that it is long overdue that individuals issued cautions or convictions for the offence in Section 1 of the Street Offences Act before 2015 have their criminal records expunged. The noble Lord, Lord Cameron, asked for details. I simply repeat: children cannot be prostitutes. Children who are paid in exchange for sex are clearly victims of sexual exploitation. The records currently in place provide significant barriers to the employment and psychological rehabilitation of those who are now adults. It is important that we look at the long-term consequences of those incidences and help support them in rebuilding their lives. That is why we have tabled government Amendment 308, which will disregard convictions and cautions for Section 1 offences issued to under 18s. Amendment 309 will provide pardons for such convictions and cautions. In each case, what we have tried to do—I hope the noble Lord, Lord Cameron, will reflect on this—is to ensure that the disregard and pardon are automatic. We do not want to retraumatise victims and survivors of childhood abuse by requiring them to go through an application process. I asked today in our internal Home Office discussions how many individuals this could impact. We have looked at the figures for the last 30 years and assess that 350 to 352 individuals would fall under the auspices of that. Someone aged under 18 30 years ago is now approaching their 50s. I say to the noble Lord, Lord Cameron, that for that person an offence committed as a child would still be on their record. Something they maybe did not have responsibility for at the time would therefore impact upon their employment and life chances. Therefore, I would welcome his support for that repeal.