Policing and Crime Bill

First, I want to deal with the matter of encryption keys. New clause 22 and amendment 119 are together intended to have the same effect as new clause 7, which was tabled by the hon. Member for Mole Valley (Sir Paul Beresford). I want to place on record our gratitude to the hon. Gentleman for his interest in this area and for the way in which he has pursued this point. New clause 22 and amendment 119 relate to the maximum sentences that can be imposed when people fail to comply with a notice relating to encrypted information issued under part 3 of the Regulation of Investigatory Powers Act 2000. Specifically, the amendments raise the maximum sentence on indictment from two years' to five years' imprisonment in child indecency cases. At present, the sentence in such cases is limited to two years. Given that sentences for child indecency offences can be far higher, as the hon. Member for Mole Valley has pointed out, we are proposing to raise the sentence for failing to comply with a notice to five years. In addition, the amendments allow individuals convicted of failing to comply with a notice or tipping off in connection with such a notice to be made subject, in appropriate cases, to a sexual offences prevention order under the Sexual Offences Act 2003. We have adopted a slightly different approach to that proposed by the hon. Gentleman, because of the technical problems with the drafting of his new clause. We have also not included all the offences that were in new clause 7. That is not because they are not important offences, but rather because—in so far as they involve indecent images of children—they would be redundant. In other words, when they do not involve such images, the offences that we have included are the relevant offences so the higher sentence should be available anyway. Our amendments will also make high sentences available in relation to specified offences in Northern Ireland and Scotland, and I should clarify that the Scottish Executive have welcomed those provisions. I want to conclude this section of my speech by repeating my thanks to the hon. Member for Mole Valley. I know that his efforts have been appreciated by members of the law enforcement community, particularly the Child Exploitation and Online Protection Centre. I hope that he will feel that there is no need to press his new clause and that he and all hon. Members will be able to support new clause 22 and amendment 119.