Policing and Crime Bill

I thank the noble Baroness for tabling this amendment. It covers many of our concerns about this clause, and as she has said, there are many questions about it. I am also glad that the noble Baroness indicated that she is quite happy to confine some of them to the appropriate amendments that are to follow: that is, questions on the strict liability issue. Given that, I shall leave my remarks on strict liability and the precise definition of exploitative behaviour covered by the government amendment, along with the level of offences, until we reach the relevant groups. I shall concentrate instead on whether a new offence of paying for the sexual services of a prostitute subjected to force adds anything to the Government’s wider policy of reducing human trafficking and prosecuting those who engage in it. None of us would disagree that the trafficking of human beings is a grievous crime and that the Government need to do everything they can to ensure that the enforcement agencies engaged in tracking and prosecuting those who promote it can do so expeditiously, and that they do then take action, particularly when they believe or have reason to believe that people are being forced into prostitution as a result. We know that the figures for those being forced into prostitution are ridiculously high. It is appalling that the United Kingdom remains classified by the United Nations as a high-level destination country for trafficking and that women and children are still being lured here, often under false pretences, in the belief that they are coming to do worthwhile work, but are ending up being exploited. Despite endless legislation to deal with the matter—we had the Serious Crime Bill just recently—only a small number of prosecutions takes place. It is also unfortunate that when faced with evidence that human trafficking is still growing, all the Government can do is to add an offence that would result in a level 3 fine. We have been calling for a wholesale review of the legislation surrounding prostitution and the various associated offences, particularly that of trafficking, because there is a great deal of it. However, this Bill does not review it. Sadly, it represents yet another missed opportunity. Neither this offence nor the various other tweaks and adjustments in the clause will do anything much to help those trapped in prostitution to find a way out or to bring those profiting from it to justice. A wealth of offences dealing with trafficking and exploitative prostitution is already on the statute book, so the Government must look hard at the reasons why these offences are not working. The statistics on the number of women and children trafficked into this country provide damning evidence that not only have this Government lost control of immigration, but that much more must be done to catch traffickers and their victims at our borders. The prosecution figures are also extremely disheartening. Despite the thousands estimated to be trafficked for sexual exploitation, the number of convictions has never risen above 40 a year, and with the exception of a few notable cases, sentences have been far lower than the legislation allows for. The challenges of bringing a case to a successful prosecution are considerable, and the international element often imposes long, frustrating delays and raises the costs. The offences we have in place are pretty clear, but the nature of the crime makes it hard for victims to come forward. This is important because they are isolated from the enforcement agencies not only as a result of their fear of reprisals from those who are pimping them, but because of their fear of prosecution or deportation. We do not oppose this new offence as such because those providing human traffickers with a lucrative market must bear their share of responsibility for the suffering that is caused. However, like the noble Baroness, I have strong reservations about whether the offence as drafted will make the difference the Government appear to be hoping for. Indeed, there is a danger that it will do the exact opposite of what is intended. The debates in another place suggest that the Government are hoping that by focusing on the demand side of the equation, more can be done to reduce the industry than is currently possible by attacking the supply. I am extremely sceptical of this assumption. For one thing, those who are trafficking these often young and extremely vulnerable women are perpetrating one of the worst crimes prevalent in our society, and I hope that this new offence does not in any way indicate that the Government have given up trying to catch and successfully prosecute the traffickers. With scarce resources, enforcement of any new offence runs the risk of diverting attention away from the investigation of existing offences. As it is impossible that the new offence could be committed without the existence of the person referred to as person C in the legislation, I hope the Minister can assure me that it would, if agreed, be used only in conjunction with police efforts to track down, arrest and imprison the traffickers. I support the amendment moved by the noble Baroness, Lady Miller. As I say, we will come to the question of strict liability on my next amendment.