---

Policing and Crime Bill

My Lords, I support the amendments proposed by the noble Baroness, Lady Miller. Without the amendments, the customer will be guilty of a criminal offence however careful he may be to check whether there is exploitative conduct by another person, and even if it were not possible in all the circumstances for the customer to identify whether exploitative conduct has occurred. Of course, as the noble Lord, Lord McColl, indicated, the criminal law is replete with examples of strict liability offences, some of which are sexual. However, I cannot think of any other example where the defendant can be guilty of a criminal offence on a strict liability basis when he is a secondary party; that is, when he is not responsible for the primary wrongdoing, which here is the exploitation. That is what distinguishes this case from the examples given by the noble Lord, Lord McColl. To impose strict liability on the secondary party—that is, the customer—so that he has no defence however careful he is to ascertain whether the mischief of exploitation by another person has occurred, is to make the secondary party, the customer, liable for the wrongdoing, namely the exploitation, which he has not caused. That is simply wrong in principle. If the Government take the view—and there is some force in the argument—that exploitation is endemic to prostitution, and therefore any customer bears a responsibility and should be liable, let them come forward with a clause that makes it a criminal offence to purchase the sexual services of a prostitute. However, if they are not prepared to do that, they should not put before this House and Parliament a clause in the form that we currently see.