Lord Davies of Gower (Con)

My Lords, I thank noble Lords who have spoken in this important debate. The group largely seeks to clarify the Bill as it stands and that is important when we are addressing child exploitation. I am grateful to the noble Lord, Lord Hanson of Flint, for the amendments tabled in his name. I know we may not always see eye to eye at the Dispatch Box, but I can wholly support the principle behind his amendments in this group. It may seem like semantics to clarify that offences may differ in different parts of the United Kingdom, but it is an important point. We must ensure that the legislation allows crimes to be prosecuted only where they are crimes. His Amendments 217 and 220, and the many consequential amendments, aim to ensure that this is the case. Similarly, his Amendments 487 and 493 extend the devolutionary power to make regulations for the area of child criminal exploitation. It is right that this is consistent. Those who create the laws should have the legislative right to make provisions within their remit. We also broadly support the principles behind the other amendments in this group, which aim to give more protections to children. Amendments 218 and 219, in the name of the noble Baroness, Lady Armstrong, seek further to define what constitutes child criminal exploitation and extend the provisions to actions that may support criminal activity while not being criminal themselves. Amendments 222 and 222A aim to narrow the scope of reasonable excuses that offenders can give when claiming to believe that the child was over the age of 18. The sentiment behind these amendments is a noble one. Whether the adult believed they were a child is largely inconsequential to the exploited child. Therefore, if the adult is not to be prosecuted, the court must be absolutely certain that they did not believe the child was under 18. That being said, I am slightly wary of completely disapplying reasonable excuse as a defence. It would take away the opportunity of defence in the very rare cases where the adult had a genuine and proven reason to believe the child was an adult. As I say, this is very rare, and it is still criminal exploitation, but we must still account for it. Overall, this group is sensible, procedural and necessary; I therefore offer my support to the Minister’s intentions.