Policing and Crime Bill

It is important to put on record on behalf of Her Majesty's Opposition that the trafficking and exploitation of women and children is a vile and disgusting trade, and we can all agree that the Bill tries to tackle it more effectively. The question is the means that we should use. I am aware that many hon. Members wish to speak—in retrospect, I think it might have been a good idea to have two days for Report—so I shall quickly state Her Majesty's Opposition's view on two points. First, there has been a great deal of debate on the definition of "controlled for gain". Many of us thought that the definition in the original drafting was too broad and would not successfully target those who had been trafficked. Paradoxically, it might have caught many of those who assisted prostitutes in their trade. Government amendments 46 to 48 seek to narrow the original broad wording, and the Government are to be congratulated on that attempt. However, we believe that the language in new clause 25 is more appropriate, for the simple reason that it tracks the language relating to trafficking that is used in the Palermo protocol, which states:""'Trafficking in persons' shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation."" That definition is included in new clause 25. My second point relates to strict liability. It is important that people listening to the debate understand why we are wary and sceptical about this issue, and why we do not support the Government's importation of strict liability into the offences in clauses 13 and 14. We are not going soft on the horrible exploitation of vulnerable young women and children in any shape or form, but we do have a concern about the nature of strict liability offences generally. That concern has been put across rather well by Liberty, which has stated that such offences""have traditionally been enacted in the regulatory sphere or for fairly minor offences where it is obvious that an offence has been committed. The strict liability standard is inappropriate where a person is unable to ascertain whether what they are doing is unlawful."" The proposed offence will apply whether or not a person knows that a prostitute is being controlled for gain or trafficked. Liberty went on to state a point of principle:""We are not aware of any other criminal offence of this nature where the strict liability standard applies allowing no prospect of a defence. It is worrying that such a move is being made here and it would be extremely concerning if this approach were to be extended."" That is our concern, too. Is this a slippery slope? Does it represent the thin end of the wedge? We are going into territory here that would be best avoided.