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BILLS PRESENTED
Pensioner Trustees
Mr. Jim Cunningham, supported by Mr. Jon Trickett, Mr. Brian Jenkins, Mr. Bill Olner, Mr. Ian Pearson, Mr. John Hutton, Ms Janet Anderson, Mr. Michael Connarty and Ms Liz Lynne, presented a Bill to give pensioner members of occupational pension schemes the statutory right to be member-nominated trustees of such schemes: And the same was read the First time; and ordered to be read a Second time upon 12 July and to be printed. [Bill 149.]
Paedophiles (Registration and Miscellaneous Provisions)
4.13 pm
Mr. Anthony Coombs (Wyre Forest): I beg to move,
- That leave be given to bring in a Bill to control and monitor convicted paedophiles in order to provide greater protection for children.
People are generally appalled not only at the nature of the crime but at the chilling organisation of many paedophile rings--there are estimated to be 20 in the country--and the way in which they operate their terrible activities.
It is difficult to ascertain exactly the extent of the problem. It is estimated that about 5,000 serious sexual offences come before the courts every year. As I found when I sought information from the West Mercia force in my constituency, however, it is difficult to find out how many of those offences relate to children. Equally, it is difficult to obtain evidence of child abuse or sexual abuse of children. It is estimated, however, that 95 per cent. of child abuse cases never come to court. It is interesting to note that amendments to the Criminal Procedure and Investigations Bill might make the presentation of evidence in child abuse cases much easier.
We know from Scotland Yard's national criminal intelligence service that it has 4,500 paedophiles on its books. We also know that there is a significant element of repeat offending by paedophiles. A recent survey of 232 abusers found that they had been responsible for no fewer than 55,000 offences, against about 16,400 children. What we can appreciate is that, despite the difficulty in obtaining evidence of those appalling crimes, the problem is sadly widespread, and is not diminishing. Above all, we know that it wrecks--and I mean wrecks--young lives.
My Bill comes at an opportune time, because, on27 March, the hon. Member for Rossendale and Darwen (Ms Anderson) introduced a Bill to register paedophile offenders. The hon. Member for Barrow and Furness(Mr. Hutton) has also introduced a measure to cover supervision orders for such offenders. In addition, the Home Secretary is due to publish a consultation paper next week that will deal with many of the relevant issues. I also understand that an announcement is imminent about the problem of child abuse in certain parts of the country.
My Bill has three specific measures, which I hope will inform and influence that debate, and ensure that the community receives adequate notification of the activities of child abusers and child sex offenders. Most important, it seeks to provide proper compulsory treatment for them.
My Bill would establish a register of listed sexual offenders in line with the offences listed in the Sexual Offences Against Children (Register of Offenders) Bill to which I have already referred. Access to that register would be confined either to those groups that look after children and are registered to do so, or to people whom the chief police officer of an area believes have a legitimate interest.
My Bill goes even wider than that, because I agree with the Police Superintendents Association, which believes that it should be mandatory for all offenders and ex-offenders to inform the local police of any change of address. After all, there is no point in having a list of offenders if one does not know where they are. I believe that that register should carry information apart from pure convictions, including cautions and recent information about potential or actual paedophiles.
I understand that such a register may raise certain problems in terms of civil liberties. We must weigh the importance of protecting the interests of the innocent against the importance of protecting innocent children and the public. I also emphasise that 95 per cent. of child abuse cases never come before a court. I should have thought that, as long as non-conviction information was removed from the register within five years, and that information was given out only at the discretion of the registrar or a senior police officer, those civil liberties objections would be overcome.
The second measure--I believe that it is even more important--deals with the subsequent treatment of sex offenders, particularly child sex offenders, during their sentences and after they have been released. I recognise that many sex offender treatment programmes have, through Home Office evaluation, proved effective. The programme at Peterhead in Scotland was found to have a discernible impact on violent and passive offenders. The programme at Whatton, although more controversial, found that half the abusers benefited from the regime, and that long-term paedophiles may require long-term treatment. I recognise that the number of treatment programmes has increased significantly--up to 109--throughout the country over the past five years.
I am concerned that the programmes are imposed by the court only to the end of an offender's sentence. In addition, the programmes are not offered to offenders who are serving sentences of less than two years, because, with 50 per cent. remission, it is believed that 12 months is not long enough for the programme to be effective. Given that many of the activities of paedophiles are degenerative, it is important that people who serve shorter sentences are properly treated, or at least given the opportunity to be treated.
I am concerned that only 10 per cent. of offenders get a court order for treatment within their sentence. There is apparently only one national health service out-patient clinic in the United Kingdom that treats these people outside penal establishments. It should be mandatory for anyone convicted of a sexual offence against children to have a course of treatment after they have finished their sentence. Obviously, that course of treatment would be laid down by the court, depending on the post-sentence reports and on the reports from the penal establishment concerned.
I appreciate that, as a result of the European convention on human rights, such treatment has to be voluntary--I support that. However, at the same time, there is a strong case for the courts to have the discretion to reimpose a sentence on people if they will not voluntarily agree to a course of treatment--many of them will agree; half the paedophiles say that they need treatment. These people may be a danger to children and to the public.
Finally, I am concerned that treatment programmes throughout the country are now the responsibility of individual probation services. In other words, there is no point putting in place a mandatory requirement that everyone shall have treatment if there are different kinds of treatment throughout the country. It is vital that there is a standard, a code, throughout the country as to the sort of treatment that ought to be given, albeit on a voluntary basis.
As these matters are of sufficient importance, the Home Secretary should be required to report on them to Parliament every two years. He should report on the effectiveness of legislation against child abuse. In this way, the kind of injustice, inhumanity--
Mr. Deputy Speaker (Sir Geoffrey Lofthouse):
Order. The hon. Gentleman's time has expired.
Question put and agreed to.
Bill ordered to be brought in by Mr. A. Coombs,Mr. Peter Hardy, Dr. Robert Spink, Mr. Nigel Spearing,Mr. Rupert Allason, Mr. Graham Riddick, Mr. David Jamieson, Mr. Jacques Arnold, Mr. David Evans and Mrs. Teresa Gorman.
Mr. Anthony Coombs accordingly presented a Bill to control and monitor convicted paedophiles in order to provide greater protection for children: And the same was read the First time; and ordered to be read a Second time upon Friday 12 July and to be printed. [Bill 150.]
As amended (in the Standing Committee), considered.
Mr. Alun Michael (Cardiff, South and Penarth):
I beg to move, That the clause be read a Second time.
'.--(1) In section 4(1) of the Criminal Procedure (Attendance of Witnesses) Act 1965 (judge of High Court may issue warrant to arrest witness in respect of whom witness summons is in force) for the words "High Court" there shall be substituted "Crown Court".
(2) This section shall have effect in accordance with provision made by the Secretary of State by order.'--[Mr. Kirkhope.]
Brought up, read the First and Second time, and added to the Bill.
'.--(1) In the War Crimes Act 1991--
(a) in section 1(4) (which introduces the Schedule providing a procedure for use instead of committal proceedings for certain war crimes) the words "England, Wales or" shall be omitted, and
(b) Part I of the Schedule (procedure for use in England and Wales instead of committal proceedings) shall be omitted.
(2) In section 20(4) of the Legal Aid Act 1988 (power of magistrates' court to grant legal aid for Crown Court proceedings)--
(a) the word "or" shall be inserted at the end of paragraph (b), and
(b) paragraph (bb) (which relates to a notice of transfer under Part I of the Schedule to the War Crimes Act 1991) shall be omitted.'--[Mr. Kirkhope.]
Brought up, read the First and Second time, and added to the Bill.
'.--(1) Section 1 of the Criminal Procedure (Attendance of Witnesses) Act 1965 (examining justices to order witness to attend and give evidence before Crown Court) shall be omitted.
(2) In that Act the following words shall be omitted--
(a) in section 3(1) the words "witness order or";
(b) in section 4(1) the words "witness order or" and (where they next occur) "order or";
(c) in the proviso to section 4(1) the words from "in the case" (where they first occur) to "witness summons";
(d) in section 4(2) the words "a witness order or" and (where they next occur) "order or".
(3) In section 145 of the Magistrates' Courts Act 1980 (rules) subsection (1)(e) (which relates to witness orders) shall be omitted.
(4) This section shall have effect in accordance with provision made by the Secretary of State by order.'--[Mr. Kirkhope.]
Brought up, read the First and Second time, and added to the Bill.
'Schedule (Statements and depositions) to this Act (which relates
Brought up, read the First and Second time, and added to the Bill.
'--(1) As regards a case in relation to which no regulations under section 12 have come into force for the purposes of section 3, section 3(8) shall have effect as if it read--
"(8) The prosecutor must act under this section as soon as is reasonably practicable after--
(a) the accused pleads not guilty (where this Part applies by virtue of section 1(1)),
(b) the accused is committed for trial (where this Part applies by virtue of section 1(2)(a)),
(c) the proceedings are transferred (where this Part applies by virtue of section 1(2)(b) or (c)),
(d) the count is included in the indictment (where this Part applies by virtue of section 1(2)(d)), or
(e) the bill of indictment is preferred (where this Part applies by virtue of section 1(2)(e))."
(2) As regards a case in relation to which no regulations under section 12 have come into force for the purposes of section 7, section 7(7) shall have effect as if it read--
"(7) The prosecutor must act under this section as soon as is reasonably practicable after the accused gives a defence statement under section 5 or 6." '--[The Solicitor-General.]
Brought up, read the First and Second time, and added to the Bill.
'.--(1) The Secretary of State shall by order make provision for the modification of any duty placed by this Act upon the prosecutor to disclose prosecution material to the accused when the conditions mentioned in subsection (2) below are fulfilled.
(2) The conditions are--
(a) the material is of a sexual or violent nature, or
(b) there are reasonable grounds for supposing that the accused or others will use the material for purposes other than for the preparation of the accused's defence.
(3) No modification made under subsection (1) above shall have the effect of preventing the accused from inspecting any material which he would but for the provisions of this section be able to inspect.
(4) A modification made under subsection (1) shall include requirements as to the retention and custody of material.
(5) "Prosecution material" in this section has the same meaning as in section 3.
(6) An order mentioned in subsection (1) shall be laid before Parliament not later than six months after this Act is passed.'.--[Mr. Michael.]
Brought up, and read the First time.
4.26 pm
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