Policing and Crime Bill

We are saying that we have to be careful about the language we use. The hon. Gentleman may be dismissive of the fact, but someone who uses a woman who is a prostitute is different from someone who exploits them for gain. There is a clear distinction and as we are talking about moving to a better definition it is important that we get the language absolutely right, or as close as we can. New clauses 25 and 26 seek to address the other significant issue that has been discussed in relation to the offence—strict liability. We cannot accept the other amendments that have been tabled on the issue and we have concerns about that aspect of the new clauses. We still believe that strict liability is the most effective way of ensuring that those who pay for sex are forced to consider the circumstances of the prostitute who will be providing the sexual services, and that it protects those who have not chosen to be involved in prostitution. My next point about the new clauses goes to the heart of the hon. Gentleman's point about penalty. The proposals would increase the maximum penalty for the offence under clauses 13 and 14, which is currently a fine of £1,000, to 14 years' imprisonment. Amendment 240 would have the same effect. We intend to continue to make the offence one of strict liability. In our view, it remains appropriate to maintain the maximum penalty as a fine. That is consistent with similar offences aimed at tackling the demand for prostitution, such as kerb crawling. If someone has sex with a person and they do not reasonably believe that the person consents, they should be prosecuted for something else—namely, rape. The hon. Member for Oxford, West and Abingdon (Dr. Harris) is shaking his head. I realise that the Members who tabled the new clauses and amendments will not be satisfied by all the aspects of our response, but I hope that our amendments to the scope of the offence will be of some reassurance and persuade them not to press the new clauses.