Police and Justice Bill

It is the case that those developing this area of criminal law have had to work hard in the past decade to keep pace with developments in technology and our emerging and developing understanding of the activities of those who are involved in paedophile activity. I am very grateful to the noble Baroness for tabling the amendments, as they enable the Government to set out how we intend to approach these matters. I am also grateful to the noble Lord, Lord Hylton, for his intervention, because he touches on a very important point; this is a global phenomenon, and anything that we can do in this country to tackle these issues, which will have a beneficial effect elsewhere, should be done with enthusiasm and an international spirit. Amendment No. 179 is designed to increase the maximum penalty for the offence, in Section 53 of the Regulation of Investigatory Powers Act 2000, of failing to comply with the requirement to disclose protected information or the key to it. We had long arguments at the time about those offences. The increase in the maximum penalty would apply in the circumstance set out in new subsection (6) of Section 53 of RIPA, including where the offender has a previous conviction for possession of an indecent image of a child. The use of information technology by terrorists and criminals to facilitate and conceal evidence of their unlawful conduct in order to evade detectionor prosecution is increasing. Consequently, the Government have concluded that it is now timely to implement the provisions of Part 3 of the Regulation of Investigatory Powers Act 2000, including Section 53, which are not presently in force. The threat to public safety posed by terrorist use of encryption technologies was recognised by the House in Section 15 of the Terrorism Act 2006, which increased the maximum penalty for the Section 53 offence to five years in a national security case. On 7 June, the Government published for consultation a draft statutory code of practice for the investigation of protected electronic data and the exercise of powersin Part 3 of RIPA. This consultation also invites comments on proposals to amend Section 53 of the Act in line with this new clause. The Government remain very sympathetic to what the noble Baroness seeks to achieve by way of her amendment. However, first, we want to allow further opportunity for public consideration and comment on the proposals, and to consider what legislative changes to bring before the House in the light of current consultation. I am sure that the noble Baroness will feel able to assist us in that by withdrawing her amendment. I now turn to Amendment No. 180. Schedule 3 to the Sexual Offences Act 2003 lists the offences for which a conviction, finding or caution will, subject to certain sentencing thresholds being met, result in the offender being made subject to the notification requirements of Part 2 of the 2003 Act. These requirements are colloquially known as the sex offenders register. When Schedule 3 was drawn up, we decided that the offences under Sections 48 to 50 of the 2003 Act—““Causing or inciting child prostitution or pornography””, ““Controlling a child prostitute or a child involved in pornography””, and ““Arranging or facilitating child prostitution or pornography””—should not be included. That decision was taken because we believed that these offences, while undoubtedly abhorrent, were not strictly sexual offences, unlike, say, rape, but could be motivated by factors such as simple greed. We did however include the offences in Schedule 5 to the 2003 Act. By doing so, we could ensure that if an offender demonstrates that they pose a risk of serious sexual harm, courts can make a sexual offences prevention order either when dealing with such an offence or on subsequent application from the police. Being made subject to such an order leads to the offender going on the sex offenders register as well as being subject to prohibitions imposed by the order. However, while it may be true that these offences need not necessarily be strictly sexual in their nature, their perpetrators demonstrate at the very least a callous disregard of the sexual well-being of children and may pose a threat, and so may require the monitoring that being made subject to the register will bring. Officials already intend reviewing the content of Schedules 3 and 5, which will take place over the summer. I assure the noble Baroness that her suggestions, as set out in her amendment, will receive sympathetic consideration during that review, including her comments about using the civil measure of guilt. As part of our review, we will be more than happy to meet and discuss with the noble Baroness her concerns and to listen to her other ideas about these offences. Any changes to Schedules 3 and 5 will not require primary legislation. They can be made by affirmative order, which means that Parliament will have the opportunity to debate the proposal. I am sure that the noble Baroness will appreciate that, rather than making piecemeal changes, we take the view that we should await the results of the review, which we will conduct in an entirely open way with the organisations, charities, voluntary sector bodies and so on with which we usually consult in these matters. We hope to make all the necessary changes through an order which will be laid in the autumn. Again, I am grateful to the noble Baroness for her concern and care in this matter. If we can proceed in this way, I think we can achieve jointly our objectives which I am sure are not totally dissimilar.