Policing and Crime Bill

I thank noble Lords who have contributed to this debate. Perhaps I may begin by responding to the points of the noble and learned Baroness, Lady Butler-Sloss, and of the right reverend Prelate the Bishop of Chester. The right reverend Prelate said that it is a culture shift. We are not saying that consensual sex between a man who pays for it and a woman who is happy to receive money and is not trafficked or coerced in any way is illegal. This is not a campaign to outlaw prostitution; it is a campaign to persuade men to desist from exploiting women who are victims of trafficking or coercion. The provision will therefore be an amber flag or a red flag, signalling to people to think long and hard about it. I shall speak to all the amendments in this group, Amendments 46, 50, 57 and 60. Much has been said about the difficulty of getting a prosecution, even using Clause 13, complete with its strict liability. However, the strict liability aspect, which makes it illegal to pay for sex with someone who is subjected to force, deception or threat, is likely to have the effect of reducing demand. If men know in advance that if they are found to have been with someone who is in that situation, they are liable for a fine in court and a criminal record. The amendments would make it a requirement of the offence that the sex buyer knew, or ought to know, that the person whom they had paid for sex had been subjected to force. The amendments would allow the defendants to argue, which they are certain to do, that they did not know the circumstances of the prostitute. However, the amendments would add a mental element that would make the offence even more difficult to prosecute than it would be under strict liability. If a mental element was added to the offence, the defence would be available, and would be highly likely to be used, that the person did not know. It would also increase the need for victim testimony, which we wish to avoid given the trauma that trafficked women already experience. Furthermore, many people who have been forced, threatened or deceived in prostitution are vulnerable and inevitably subject to pressure. They may be pressurised to say that they had not been forced even though they had. The Government are attempting in this part of the legislation to make it clear that men should think long and hard about the form of prostitution they are getting involved in. At Second Reading, the noble Baroness, Lady Corston, drew the House’s attention to a speech made in the other place by the right honourable John Gummer MP, who said that, ""if someone wishes to pay for sex, they must recognise that in doing so they take on a particular burden. If they think that what they are doing is reasonable, they must recognise that the downside is with them and not with the woman concerned".—[Official Report, Commons, 19/5/09; col. 1438.]" The risk of responsibility should rest with the payer to ensure that he does not pay for sex with someone who has been forced, threatened or coerced. It should not be a defence for the payer simply to say, "I did not know that the prostitute was forced, threatened or deceived". He knows that if he pays for sex he runs the risk that the person may be subject to exploitative conduct and that he is fuelling the demand for prostitutes and trafficking for such purposes. Indeed, he is lining the pockets of traffickers and pimps exploiting prostitutes for their own gain. We know that some people involved in prostitution are in the most desperate circumstances—we have heard about it in this debate—and are exploited tremendously by those seeking to gain from their involvement in prostitution. We want to ensure that sex buyers consider the circumstances of the prostitute and that such prostitutes are protected by the law so far as is possible. If a sex buyer proceeds with the transaction without being sure of the circumstances, they also should face the consequences. To support the legislation, we shall run a public education campaign aimed at making people aware of the reality of life for many prostitutes and the potential consequences of paying for sex with someone who could have been coerced into providing sexual services. This is one of the recommendations of the tackling demand review. Together with the offence introduced by Clause 13 and the other recommendations of the review, it will form part of the cultural shift that we hope to achieve by creating greater responsibility on the part of the sex buyer. We were obviously aware of the concerns about Clause 13 that were raised by the Joint Committee on Human Rights. I have no doubt that your Lordships would find it helpful if I set out our response to those concerns.