We’ll move on to item 6, which is the legislative consent motion on the Policing and Crime Bill. I call on the Minister for Social Services and Public Health, Rebecca Evans, to move the motion.

Motion NDM6098 Rebecca Evans

To propose that the National Assembly for Wales, in accordance with Standing Order 29.6 agrees that the provisions in the Policing and Crime Bill, which amend the Mental Health Act 1983 and the Sexual Offences Act 2003, in so far as they fall within the legislative competence of the National Assembly for Wales, should be considered by the UK Parliament.

Motion moved.

Thank you, Deputy Presiding Officer, for the opportunity to explain the background to this legislative consent motion. I’ll begin by putting on record my thanks to the Health, Social Care and Sport Committee for their scrutiny of the issues, and I note that the committee has not raised any objections to the LCM.

The UK Government introduced the Policing and Crime Bill to Parliament on 10 February 2016, and it’s expected to receive Royal Assent by the spring of next year. The Bill seeks to build confidence in policing, strengthen the protections for vulnerable persons who come into contact with the police, ensure that the police and other law enforcement agencies have the powers that they need to prevent, detect and investigate crime, and further safeguard children and young people from sexual exploitation.

The Bill is in nine parts. Part 4 makes a number of reforms to police powers, specifically the powers under sections 135 and 136 of the Mental Health Act 1983. A clause in Part 9 includes an amendment to the Sexual Offences Act 2003 in relation to child sexual exploitation offences. The consent of the Assembly is sought for the provisions in the Bill concerning police powers under the Mental Health Act 1983 and the provisions dealing with child sexual exploitation matters.

To begin with the police powers under the Mental Health Act 1983, I support the provisions in Chapter 3 of Part 4, which seek to improve the health response and support available to people suffering from mental ill health. I welcome the provision in clause 79, which prohibits the use of police cells as places of safety for children and restricts their use for adults. Police custody is not an appropriate place for adults who are vulnerable and suffering from mental ill health, and it’s certainly not an appropriate place for children. The broadening of the range of what constitutes a place of safety, and the reduction of the maximum period of detention, is also welcomed. These provisions are in line with the principles set out in the ‘Mental Health Crisis Care Concordat’, which the Welsh Government and its partners published in December of last year.

There are also important provisions dealing with child exploitation matters. Clause 144 amends section 51 of the Sexual Offences Act 2003 to clarify that images that are ‘streamed or otherwise transmitted’ fall within the range of offences set out under section 48 to section 50 of the 2003 Act. The current offences refer simply to the recording of images and, therefore, could be argued to exclude the live broadcast, streaming or transmission of images.

I’m of the view that the provisions outlined above in relation to the Mental Health Act 1983 and the Sexual Offences Act 2003 fall within the legislative competence of the National Assembly. However, I am content that these provisions should be made in the Bill for both England and Wales to ensure the devolved and non-devolved aspects of addressing these issues fully are fully integrated. Our priority is to tackle these matters as effectively as possible and to work closely with the Home Office and other UK Government departments, sharing best practice from Wales and contributing to action on these important issues across the whole of the UK.

Allowing these provisions to apply in Wales will enhance the ability of police, health, local authority and related partners to continue to work together to deal with both mental health and child sexual exploitation matters. I would therefore ask Assembly Members to support this legislative consent motion. I move the motion.

Thank you very much. There are no speakers in this debate. Therefore, I will put the proposal to the vote. The proposal is to agree the motion. Does any Member object? No. Thank you. The motion is therefore agreed in accordance with Standing Order 12.36.

Motion agreed in accordance with Standing Order 12.36.