In moving this amendment I, too, want to make it clear that we would be very concerned if the police did not know that somebody working in a brothel had been trafficked. However, none of us is talking about those people. We are talking entirely about people who voluntarily and willingly exercise this trade. We may not particularly like it, but that is not our job; our job is to ensure that legislation does not target people unnecessarily.
This is a probing amendment. New Section 136C(1) states: ""A closure notice must—""(a) state that no-one other than a person who regularly resides on, or owns, the premises may enter or remain on them"."
I am not sure how anybody is going to identify whether somebody is regularly on the premises. We need to establish what inquiries will be made to find out whether somebody is on the premises continuously, every night or whether they use the premises occasionally but are still part and parcel of what is going on there. How will those inquiries be made? The Minister said earlier that inquiries would be made to ascertain who the people were, whether they were connected with criminal activity and whether such activity was taking place.
As I say, new Section 136C(1) says: ""A closure notice must—""(a) state that no-one other than a person who regularly resides on, or owns, the premises may enter or remain on them"."
Therefore, under this provision some people may be entitled to stay on the premises. To whom would that apply? Would people not engaged in illegal activity be allowed to go back; for example, prostitutes who are voluntarily there and are not acting illegally? Would they be able to return or would everyone be pushed out and made homeless? Will other agencies be able to help people in that situation? However, new Section 136D(2) states absolutely categorically: ""A closure order is an order that the premises in respect of which the order is made are closed to all persons"."
It cannot be both; either some people are allowed to remain for legitimate purposes or nobody is allowed to remain. It is not unfair to ask which this will be. I would certainly feel more comfortable with all this about the closure order if I felt that illegal activity, which we are all against, was being closed down.
All of this, as we have said, is about the voluntary aspect of this, and people being thrown out of their business or work premises, or whatever, for at least three months, and having to go to court as a result, because they are doing something illegal—which they may not be. We need to be clear about getting this definition right; that we are all talking about the same people, and we are not talking about those who are engaged in illegal activity. No one here would support any of that, but we would like to know what happens to those who are perfectly legitimately doing what they are doing, which no legislation stops them from doing, and how they will be supported by other agencies while their premises are closed. I beg to move.
Policing and Crime Bill
Proceeding contribution from
Baroness Hanham
(Conservative)
in the House of Lords on Monday, 6 July 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Policing and Crime Bill.
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712 c488 
Session
2008-09
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House of Lords chamber
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