My Lords, I do not share the concerns that have just been expressed. It seems to me that Amendment 104E makes it very clear what the mischief is; it is making it a condition of access to accommodation that sexual services are provided. We all know what that means, and juries will know what it means. It is a real mischief and it needs to be addressed. If the noble Lord, Lord Ponsonby, divides the House on Amendments 104E and 104F, he will certainly have my support.
However, I have concerns about the drafting of Amendment 104F. My concern is that in several places it uses the concept of “arranging” an offence—not simply facilitating the offence but arranging or facilitating it. I do not really understand what the difference is and what is added by “arranging an offence”. I am not myself aware of other contexts where that concept has been used. It is a very vague concept and, I think, a rather undesirable one.
I am also troubled by proposed new subsection (3)(c) of Amendment 104F, which makes it an offence if a publisher is informed that its actions
“had enabled the arrangement of or facilitated an offence”
and it then
“failed to take remedial action within a reasonable time.”
All that is extremely unclear and uncertain as to the ingredients of the offence. No doubt that can be dealt with at Third Reading if others share my view. I emphasise that I support the amendments, but I draw attention to those matters that cause me concern.