Policing and Crime Bill

My Lords, I thank all those who have taken part in this short debate. I particularly appreciate the contribution of the noble Lord, Lord Skelmersdale, and I shall seek to answer his point first. When closure notices come into effect, there will be guidance to the police that will ensure that what he fears will not come to pass. I turn to the amendments in this group, including the government amendments. Amendments 27 to 33 seek to remove a number of the prostitution provisions in the Bill. We believe that they are important provisions, and I will set out in each case why we think the clauses should be retained. Amendment 27 would remove Clause 16 and, in doing so, hinder important reforms to the law in relation to street prostitution. These reforms were identified as an action point in the Government’s co-ordinated prostitution strategy, which followed a large public consultation. The clause will remove the outdated and offensive term "common prostitute". Respondents to the Government’s consultation paper Paying the Price, which informed the prostitution strategy, were unanimous in their support for the removal of the term from the statute, and its removal will undoubtedly be welcomed by many working with those involved in prostitution. Indeed, this element of the clause was welcomed by the UK Network of Sex Work Projects during the oral evidence sessions conducted, and is supported by the Josephine Butler Society. I recognise immediately that this aspect of Clause 16 is not the reason behind the noble Baroness’s attempts to remove the clause, but failure to implement this change would none the less be a consequence of this amendment. I see that the noble Baroness’s main concern is the statutory definition of "persistence" that it introduces. Currently the inclusion of the term "common" ensures that prosecutions are brought only against those who have been found loitering or soliciting for the purpose of prostitution on a regular or persistent basis. We need to ensure that the removal of this term does not have the effect of increasing enforcement action against those prostitutes involved in street prostitution. Clause 16 therefore inserts the word "persistently" so it is clear that an offence is committed only by a person who persistently loiters or solicits in a street or public place for the purpose of prostitution. To ensure consistency, we believe that it is necessary to define "persistence". Clause 16 therefore defines it as conduct that takes place, ""on two or more occasions in any period of three months"." We have discussed in Committee and in another place whether that definition of "persistence" is too wide. However, we maintain that our definition strikes the right balance between providing offenders with the opportunity to change their behaviour and allowing the police to take action if they do not. Indeed, current police practice is generally to arrest a person for this offence only when they have already been found loitering or soliciting twice in the previous 12 months. Our definition is therefore likely in practice to amount to a narrowing, rather than a widening, of the current offence. We do not think fears that this change could lead to increased enforcement against those in street prostitution are well-founded. As evidenced by a decline in convictions for loitering or soliciting, current policy advocates a welfare-based approach over an approach focused solely on enforcement. Following the implementation of the Government’s prostitution strategy, which will increase partnership working between the police and voluntary organisations providing support to those involved in prostitution, there will be greater opportunities for the police to ensure that the welfare approach continues. This is current ACPO policy and will be promoted in a new Home Office circular on policing prostitution. Amendment 28 would remove Clause 17, which introduces a new penalty for the offence of loitering or soliciting for the purpose of prostitution, building on the modernising approach that we are taking in Clause 16. The clause will provide an alternative to a fine. As the noble Lord, Lord Skelmersdale, has pointed out, too often a financial penalty can have the counterproductive effect of encouraging those convicted of loitering or soliciting to continue in prostitution in order to pay the fine. We believe that we are introducing a more constructive approach. The order will help those involved in prostitution to address the underlying factors that cause them to continue their involvement in street prostitution and help to connect these people with the support services they need. There are those who believe it is wrong to criminalise prostitution and those who work as street prostitutes at all. Different views on this were expressed in response to Paying the Price. However, there was no clear consensus to justify a change in the current law. Indeed, a number of respondents felt that the decriminalisation of those in street prostitution sent out the wrong message to young people about the acceptability of street prostitution; it would create a demand for sex markets and control those markets. This is why we believe that it is necessary to maintain the law.