Without stronger penalties for failing to act, a new duty to
report child sexual abuse may fail to have an impact, the Joint
Committee on Human Rights has warned. Following legislative
scrutiny of the Crime and Policing Bill, the Committee has
proposed a number of amendments to the bill to ensure it better
aligns with the UK's human rights obligations.
Mandatory reporting
The Crime and Policing Bill would establish a mandatory duty to
report child sexual abuse, a key recommendation of the
Independent Inquiry into Child Sexual Abuse. This is a welcome
and vital step to protect children.
However, the narrow scope of the duty and lack of repercussions
for failing to comply with it could undermine its effectiveness.
The Government should review the impact of the mandatory
reporting duty once it is in place. It should also reconsider the
consequence of failing to carry out the duty to report child
sexual abuse to ensure it operates as an effective
deterrent.
Anti-social behaviour
Anti-social behaviour can have a devastating impact on the lives
of victims and blight communities. However, broad and
inconsistent definitions of what constitutes anti-social
behaviour, and low thresholds for imposing restrictions or
requirements, risk punishing less serious behaviours. Any law
intended to police anti-social behaviour requires effective
safeguards to mitigate this risk. The Committee supports calls
for the range of measures available to tackle anti-social
behaviour to be reviewed for efficacy, fairness and respect for
human rights.
The Joint Committee has concerns that the new respect orders
introduced by the Bill may not provide sufficient safeguards
against inappropriate use. Applying the civil standard of proof
to the question of whether anti-social behaviour has been
committed, and allowing respect orders to be imposed where ‘just
and convenient' creates a low threshold which must be kept under
careful review.
Policing of protest
The Crime and Policing Bill proposes further changes to the law
on public order, the third piece of primary legislation to do so
in five years. The impact of recent law changes should be
reviewed before any further legislation in this area.
While preventing people using masks to intimidate or to evade the
police is important, the Bill's criminalisation of concealing
identity at protests goes too far, the Joint Committee finds. It
calls for the Bill to be amended so that concealing of identity
is only a criminal offence if the police reasonably believe that
violence or public disorder may occur in the area. The proposed
defence should be also expanded so that people participating in
protest are given a chance to show that concealing their identity
was unintentional or for good reason.
Chair of the Joint Committee on Human Rights, Lord said:
“Taking action to prevent public disorder and anti-social
behaviour is crucial to protect the rights of victims and those
who wish to protest peacefully. The Government is right to
prioritise this but must resist setting new powers too broadly
and with insufficient safeguards. These powers should only target
the specific problems they seek to resolve.”
"We are also concerned that the mandatory reporting of child
sexual abuse may need to go further . Without repercussions for
those who fail to do their duty and report these horrific crimes
it may prove ineffective. If it fails to deliver the necessary
change, the Government must review its impact and toughen its
penalties."
