Policing and Crime Bill

These new orders will be available on conviction for loitering or soliciting for the purpose of prostitution as an alternative to a fine. They will assist the offenders to begin to address the reasons behind their involvement in prostitution and explore routes out. They will require offenders to attend three meetings with a supervisor in order to address the underlying causes of their involvement in prostitution. Amendment 67 would replace the requirement to attend three meetings with a requirement to attend "a course of" meetings which would, therefore, be less prescriptive than in the current clause. I am aware that there have been some concerns that three meetings will not be sufficient to address the underlying causes of prostitution. We have always accepted this point and acknowledge that the process of exiting prostitution may be gradual. The aim of the three meetings is to establish initial engagement with services offering routes out of prostitution and to help trigger continued involvement in that process. Given that the process of exiting prostitution is likely to be long in many cases, it is unlikely that one course in itself could address all the issues necessary, unless it was quite extensive. This would then make the prospect of a breach more likely and could risk setting people up to fail. We do not want to make the requirements of the orders too demanding because the offence is relatively minor and an order is the equivalent of a fine. In the light of the fact that this is a criminal penalty, it is important that there is some clarity about what the order would entail and consistency between different areas as regards the number of meetings that a person would be required to attend. Amendment 68 would remove the provision which sets out the purpose of the order, which is to assist the offender, ""to … address the causes of the conduct constituting the offence, and … find ways to cease engaging in such conduct in the future"." The fundamental aim of the order is to help those involved in street prostitution address the causes of their involvement and to help them to find ways to stop working as prostitutes. It is important that the legislation makes this clear to the court, and that supervisors are aware of the aim of the meetings which they will be conducting with the offender. Amendment 68A, which we have not debated in detail and has been tabled by the noble Baroness, Lady Miller of Chilthorne Domer, would add to the definition of the purpose of the order. The intention of the amendment is to ensure that advice about housing, benefits, employment and affordable childcare can be part of the order. Of course, we recognise that such issues may well be addressed as part of the order and could be vital in helping someone address the causes of their involvement in prostitution. We acknowledge that a number of significant and complex issues will need to be dealt with in order to help someone start to find a route out of prostitution. That, however, is why we do not believe that it would be appropriate to specify which issues need to be addressed on the face of the Bill. The needs of each person who is made the subject of an order will be different and complex. For this reason, it is preferable for the purposes of the order to be defined in broad terms and that specifying issues on which advice must be provided is overly prescriptive. In some cases, it may not be necessary to provide advice on childcare, for example. In other cases, there may be other issues on which advice is necessary but which are not specified in the Bill. In such cases, there is a risk that these could be neglected or not prioritised appropriately because of the need to meet the requirements of providing advice on the matters specified in statute. Leaving prostitution will often be a gradual process, and the process of completing an order will be just the first step for many. It will be necessary for the supervisor to recognise the multiple needs of someone who is made subject to an order and to prioritise these to achieve progress. There is a risk, however, that requiring in statute the provision of advice on a range of matters in a relatively short space of time could be counterproductive and could risk overwhelming the subject of an order with a number of issues and problems that they may need to address, perhaps in a more considered and leisurely form. I understand why the noble Baroness has tabled this amendment and we appreciate her concerns. We do not believe, however, that her amendment is necessary. Instead, we consider that the issues she raises would be more appropriately addressed in guidance rather than on the face of the Bill. I can assure her that we will deal with these issues in guidance and I hope that for the reasons I have set out, she is persuaded that that approach is preferable. While recognising the need for flexibility, it is important to retain a clear structure to the orders in terms of the number of meetings, the purpose of the order and the criteria for appointing a supervisor. We believe that such requirements are important and will help to ensure that the orders are delivered more effectively. I hope that a number of the points raised by the noble Viscount were covered in my response; if not, I shall happily seek to provide additional information outside the Committee. A question was asked regarding health concerns. Because there will be almost a bespoke service to the individual, which may include drug counselling and health monitoring, a number of issues will probably be raised at the first meeting. No government agency as such will be responsible for monitoring orders. A supervisor will be appointed by, and be accountable to, the court. Of course, the supervisor will be appropriately appointed for the needs of the person on whom an order has been imposed. We will evaluate the general success of the orders once a sufficient number of cases have been brought and completed, but this endeavour is a genuine attempt to persuade people to start the route out of prostitution.