Crime and Policing Bill

Baroness Finlay of Llandaff Excerpts

Thursday 27th November 2025 Lords Chamber

I know that the Government are well aware of the pernicious nature of the criminal exploitation of children. I hope they will think about this additional measure, which is solely around protecting the child, while at the same time trying to identify and take action against the exploiter, which are the rest of the areas covered in the Bill. I am not naive enough to think we can cover everything in legislation—I sometimes sit on these Benches and hear other noble Lords whose lives are about legislation, and think, “Come on”. In the real world, it depends on people, how they see what is going on and what they understand is possible or not possible. I just hope that this would be another tool in the hands of agencies to protect children and make life for the exploiters much more difficult. I beg to move.

[Baroness Finlay of Llandaff (CB)]

My Lords, I am most grateful to the noble Lord, Lord Davies of Gower, for having given my Amendment 235A a positive acclamation. However, I did not move it because it struck me that the amendment we are now debating is actually better than the one I tabled. Therefore, there seemed no point in having a double debate. I listened very carefully to the excellent exposition of the amendment of the noble Baroness, Lady Brown of Silvertown, which is really important.

I came to this having looked after three children’s homes when I was a GP. I became suspicious that there was something funny going on in one of them but could never put a finger on it or get social services to recognise it. However, I am sure there was, because one Christmas the children in that home set fire to it and burnt it down—but I really do not know what was happening, and I never found out.

It is terrifying the layers with which children can be enticed, encouraged and supported into criminal activity and then become quite expert at it. They are terribly intimidated and frightened for their lives. The intimidation may not be overt but covert. They have threats made against them, their families, for their lives, or of mutilation. They get beaten up and all kinds of terrible things happen. That locks them further into a world of criminality.

It therefore seemed that this would be the third side of the triangle, if you like. We talk about prosecuting the exploiter, and we talk about prosecuting the child for whatever crimes they have committed. Let us be honest: these are sometimes very difficult children. They are severely emotionally damaged, very difficult to get close to, and will not disclose to people in authority what is really happening to them, because they are so terrified. Therefore, they may be unwilling to disclose information to the police. Then, we have this gap which still leaves them liable and open to exploitation.

It was with that thought that this amendment, this concept, came forward, to try to close that gap a little bit. I hope when the Minister sums up—and perhaps criticises this clause, because I anticipate we might be told it is not necessary—that he explains what harm such an order would do. I cannot see how it would make anything worse, but it may certainly make things better, and that was the sentiment behind the support of the Opposition Front Bench for this concept.

[Lord Blencathra (Con)]

My Lords, when I first saw this new clause, I did not pay too much attention, but having looked at it in more detail, I support the noble Baroness, Lady Armstrong of Hill Top, and the noble Lord, Lord Russell of Liverpool, since I think they are on to something here. The noble Baroness, Lady Finlay of Llandaff, has confirmed that. I pay tribute to the noble Lord, Lord Russell of Liverpool, who has a long track record of fighting for the rights of children, from trying to save the children’s playground in Victoria Tower Gardens from the Holocaust Memorial Bill to his track record of tabling amendments to this Bill and others.

Researching the Casey review recently with regard to my amendments on grooming gangs prompted me to look at this again. Then, I realised that a CEPO would be valid in dealing with some of the problems caused by those grooming gangs. The criminal exploitation of children is a real, growing concern across the UK, with increasing numbers of young people being coerced, manipulated or forced into criminal activity by adults or older peers.

As the Committee knows, these vulnerable children suffer significant harm, both physically and psychologically, and often find themselves trapped in cycles of offending, unable to escape the influence of exploiters. In response to this issue, the concept of a criminal exploitation protection order is possibly a very sensible idea to offer targeted legal protection for children who have been victims of criminal exploitation.

Existing legal frameworks, while robust in certain areas, do not sufficiently address the unique vulnerabilities of children subject to criminal exploitation. Traditional criminal justice responses may inadvertently criminalise victims—as we have seen all too frequently with the grooming gangs cases—or fail to disrupt the exploitative relationships at the heart of their offending.

A CEPO could fill this gap by prioritising the welfare and protection of exploited children, recognising them as victims rather than solely perpetrators. The order would empower authorities to intervene proactively, preventing further harm and breaking the cycle of exploitation.

The details are not in the Bill, and the regulations will set out the details, but I would expect and hope that the regulations may do the following. On prohibitions, the CEPO could prohibit children from engaging in specified activities that are linked to their exploitation, such as associating with certain individuals, visiting particular locations or possessing items used in criminal activity.

On the positive requirements for the children, the order may require them to take positive steps such as attending counselling, engaging with support services or participating in educational programmes designed to build resilience and reduce vulnerability. Those are just a few examples, but I hope that the regulations would detail a whole range of things that children could be stopped from doing and encourage them to do good things.

Importantly, this is a holistic approach: by combining restrictions on the one hand and supportive measures on the other, the CEPO could address both the immediate risks and underlying factors that contribute to continued exploitation. CEPOs could prevent further harm, as the order would be seen as a protective barrier, reducing the likelihood of children being drawn back into criminal activity and shielding them from exploiters.

--- Later in debate ---

[Lord Hanson of Flint (Lab)]

The noble and learned Baroness, with all her experience, brings forward one potential output of a breach of an order, and I accept that that is a potential output. The point I am making to my noble friend is that we want to discuss what happens to the child and the range of consequences. That is why my honourable friend the Policing Minister and my honourable friend Jess Phillips, the Safeguarding Minister, are meeting agencies in this field to look at what is going to happen. That is planned for before Christmas. There is a separate meeting with the noble Baroness, Lady Finlay. Although the noble and learned Baroness has brought forward one consequence, I want to look at all the issues. I am not able to accept the amendment before us because that is one of the issues that is not resolved. Therefore, although I understand the desire behind this, I ask that my noble friend withdraws her amendment today and allows for reflection to occur.

[Baroness Finlay of Llandaff (CB)]

I am most grateful to the Minister and look forward to the meeting. To pick up the point made by the noble and learned Baroness, Lady Butler-Sloss, I wonder whether the Minister, in tackling this, recognises that many times, the so-called parents will be someone who has legal responsibility but who actually may not be helping the child. One of the issues with an order such as this would potentially be making sure that those who have legal responsibility for a child also have a duty to try to enforce the protection of that child. That may mean a change in their own behaviours. It is a complicated issue. I am grateful to the Minister for having listened so carefully and to the Home Office for recognising that somehow, something has to be done. This might not be perfect, but we cannot leave a big gap there.

[Lord Hanson of Flint (Lab)]

I accept and understand that young children will be impacted by the potential behaviour of the parent, or indeed the lack of behaviour by the parent. The suggestion of the order may be a contributing factor which might assist with that. I have tried to point out to the Committee that there are a number of issues. First, this would be an order against the child, which is a big issue. Secondly, there would have to be a consequence for a breach. Thirdly, the Government’s focus in the Bill is on action on adults. Those are three issues that I put on the table for the Committee and which lead me to ask my noble friend to withdraw the amendment.

However, the engagement and discussions, both with the noble Baroness, Lady Finlay of Llandaff, and with the coalition of groups that have a concern about this, will continue before Christmas. That will obviously give the mover of the amendment an opportunity to reflect upon it. But in the meantime, I urge her to withdraw the amendment.