Proceeding contribution from Anthony Steen (Conservative) in the House of Commons on Monday, 19 January 2009. It occurred during Debate on bill on Policing and Crime Bill.
Policing and Crime Bill
One moment, if I may. The police tried to find the punters by advertising in the local newspapers. Six punters prepared to give evidence came forward. They would not have come forward if it had been a criminal offence for them to have had sex with that girl. That is an important point, on which I will not expand. My approach is also confirmed by the Professional Association for Family Courts and Probation Staff, which has said:"““It is difficult to see how the measure can be policed. In order to obtain a conviction evidence will have to be gathered and it seems fairly essential that the prostitute herself would be required to make a statement. This is likely to incriminate herself and also affect her livelihood. The vast majority of prostitutes, it could be argued, are involved in some sort of control; whether this is a pimp or a manager, a receptionist or owner of a brothel.””" Is the plan to drive brothels out of business or underground, and is clause 13 simply a device to achieve the elimination of brothels, saunas and the like in the belief that they can be brushed out of society by an Act of Parliament? If so, it is nonsense. Prostitution has been here as long as the world has, and unlike King Canute we cannot stop the sea, whether we pass that clause or not. The association goes on:"““It is also unclear what evidence would have to be produced by the police and Crown Prosecution Service to prove that an individual should have known that the woman was controlled for gain.””" There is total legal uncertainty. Then there is the recent evidence given to the Home Affairs Committee, to whose Chairman I pay tribute. The Met Detective Chief Superintendent Nigel Mawer said that one of the biggest problems that the police were encountering was the identification of trafficked victims, as many do not declare that they are victims and police officers are untrained to spot them. How, then, will the punter on the street recognise one? In the same evidence sitting, Police Commander Alan Gibson said that"““it is very difficult to identify the difference between women who are involuntarily in prostitution and those that are voluntarily in prostitution because you cannot rely on what they tell you.””" It stands to reason that a trafficked victim might not confess to her would-be customer that she is trafficked; she might fear the repercussions and not say anything. My view is that clause 13 of the Bill needs considerable amendment if it is to be effective. The Government could have closed the existing loopholes in the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 by making an offence of trafficking babies, infants and children, who cannot speak for themselves. The 2004 legislation needs strengthening. The Bill's provisions on the proceeds of crime and recovery of expenses should have enabled the proceeds from traffickers to fund support programmes for the trafficked victims; at the moment the taxpayer, through the Criminal Injuries Compensation Authority, picks up the tab. Unfortunately, clause 13 is a bold and radical provision that has not been thought through well enough. It is a start, but it will not work as we might wish. We all wish to see less human trafficking, which is now the third largest criminal industry after arms dealing and drug trafficking. But it will not be addressed until we recognise that it is born of poverty and economic desperation. Most victims are desperately seeking a new life and are tricked into being trafficked.
Secondary information
- Type
- Proceeding contribution
- Reference
- 486 c550-1
- Session
- 2008-09
- Chamber / Committee
- House of Commons chamber
- Subjects
- Children Codes of practice Accountability Crime prevention Crime Alcoholic drinks Crimes of violence Cannabis Assets Anti-social behaviour Licensing Drugs Human trafficking Police Powers Public appointments Public places Misuse Police authorities Prices Prostitution Sales Young people Sexual offences Supermarkets Sex establishments Detection rates
- Legislation
- Policing and Crime Bill 2008-09
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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