Protection of Children and Prevention of Sexual Offences Bill
The Protection of Children and Prevention of Sexual Offences Bill currently before the Scottish Parliament contains important measures to deal with the threat of Internet grooming; however, we have serious reservations about one section of this Bill.
Section 2(3) provides that a person aged over 18 who causes a person under the age of 16 to look at any image of sexual activity, communicates anything of a sexual nature or gives a child anything that relates to sexual activity will be liable to the imposition of a 'Risk of Sexual Harm Order' (RSHO) upon the application of a Chief Constable to the Sherriff. Section 3 makes it clear that definitions as to what is considered 'sexual' are widely drawn.
We appreciate that this section of the Bill has been drafted in order to ensure the maximum protection of children, but fear that the breadth of its provision presents a significant threat to adults engaged in sex education, youth work, counselling, the provision of contraceptive advice - and, indeed, to parents and to the media.
In its Stage 1 report on the Bill, Justice 1 Committee sought to allay the expressed fears of the General Teaching Council and others by offering assurances that: "only if an individual deviated from the agreed curriculum or guidelines for these sessions in an inappropriate way would he or she risk being subject to the provisions."
This is, in our view, entirely inadequate, and appears to assume that the only time when an adult is likely to give advice or information on sexual issues would be during a time-tabled session. Is it intended that such an adult should refuse to answer a child's questions at any other time, or to give advice on a less formal basis?
We believe that few professionals will wish to run the risk of being judged retrospectively to have exceeded guidelines, and that this will have a negative effect on the provision of sex education and advice - particularly that which is delivered during informal conversation.
We are further concerned that a professional may become vulnerable to false or exaggerated claims made by those who disapprove of the provision of sex education or contraceptive advice to under-16s, or where a child has sought private discussion on highly personal issues relating to their sexual orientation.
It is also more likely that real abuse will pass undetected if professionals feel uneasy about holding private discussion with children.
Scotland currently has one of the highest incidences of teenage pregnancy, abortion and sexually transmitted infection in Europe and, as the Sexual Health Strategy recognises, sustained action is essential if the situation is to be improved. We cannot see how the threat posed by RSHOs will do anything other than aggravate the situation.
Although an RSHO is a civil order, a breach is punishable in the criminal justice system by 5 years imprisonment. Even where there is no breach of the order, the seriousness of the consequences for a person made subject to an RSHO are extremely severe. Not only would that person be prevented from working in their chosen profession; s/he would also be highly vulnerable to the overwhelming public opprobrium that sexual offences against children generate.
It is monstrously unjust that a professional or parent who is acting in the best interests of a child should face any risk whatsoever of an RSHO.
The Scottish Police Federation has recommended that Scotland adopts s14 of the Sexual Offences Act 2003 (E&W). This offers specific protection to those giving advice to a child in order to safeguard physical or emotional wellbeing. We urge the Committee in the strongest possible terms to adopt this course of action.
Terri Dowty
Action on Rights for Children
020 8558 9317
ARCH is a UK-wide network of families committed to the rights of children. Through its networks, ARCH disseminates information to families, and gathers opinions on issues affecting children in order to represent them to policy-makers at both local and national level.
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