The full text of the home secretary's Commons statement on the "protecting the public" plans.

"Mr Speaker, with permission I wish to make a statement on the reform of the laws on sex offences and offending.

Today we are publishing a Command Paper outlining proposals to increase public protection and modernise current laws.First, may I pay tribute to my Right Honourable Friend the Member for Blackburn who, as the former Home Secretary, established these reviews. I pay tribute also to those who contributed to the reviews and to the consultations that followed. A summary of responses has been placed in the library.

Mr Speaker, protection of the public from dangerous and sex offenders is a priority for this Government and this House.

All crime has a damaging effect on individuals and communities. But sex crimes, particularly against children, can tear apart the fabric of society.

We have already put in place important protection measures.

We have established public protection panels to manage offenders in the community, and introduced sex offender and restraining orders.

We have set up a task force on child protection on the Internet and introduced disqualification orders to stop unsuitable people working with children.

The registration requirements in the Sex Offenders Act have already been strengthened.

But there is more that needs to be done, in addition to the revision of sentences and monitoring included in the new criminal justice legislation.

We are working within Government and with other agencies to develop new measures to catch offenders who abscond or change their names without telling the police.

As a step towards this, all sex offenders will be obliged to register with the police every year. Finger-prints and photographs will be renewed.

Offenders will be required to provide their national insurance details. In future we will aim to use biometrics to ensure we know who they are and where they are.

Those entering Britain who we know have been convicted abroad will have to register and to comply with the Sex Offenders Act.

The research we are publishing today shows that some violent offenders have a greater propensity to commit sex crimes. We are not prepared to wait until they do before we take action.

For that reason, we will allow sex offender orders and restraining orders to be taken out against anyone convicted of a serious violent offence if the police believe they present a real risk.

Mr Speaker, the law on sex offences is archaic and incoherent. The Sexual Offences Act is 46 years old; and was mostly a simple consolidation of 19th century law.

Our proposals for reform reflect changes in society and social attitudes and, most importantly, will better protect the public, particularly children and the vulnerable.

All sex crimes are abhorrent. But none more so than those committed against children.

The Internet has opened up a new world. Chat rooms allow children to contact each other. But we must deal with those who use the Internet to groom children for abuse.

To tackle this both on line and off line we will create a new offence of sexual grooming. This implements the recommendations of the Task Force on Child Protection on the Internet.

To further strengthen protection we will create a new civil order to prevent inappropriate adult behaviour such as sending children explicit emails or photographs.

A further offence of an adult committing a sex act with a child will cover anyone over 13 but under 16 and where the ostensible consent of the child has been claimed. It will carry a maximum sentence of 14 years.

We do not believe that any very young child truly gives consent to an adult. In a recent case a 32 year old man was tried for having sex with a 12 year old. The judge pronounced he was not a paedophile. I beg to disagree.

In future, such cases will be treated as rape. The issue of consent where a child of 12 or younger is involved will not be relevant.

Mr speaker, we have no intention of interfering in consensual relationships between adults. But some people with a severe mental disorder or a learning disability are particularly vulnerable to abuse. Convictions under current laws are hard to achieve. There are often difficulties in gathering evidence from someone who is not only deeply distressed but does not understand what has happened.

For that reason we will create a new offence of sex acts with a person who could not have had the capacity to consent.

Mr speaker, I want more criminals to be convicted. Not at the expense of the innocent but because of the cost to society. Giving more rights to victims and communities does not erode the rights of defendants. This is not a zero sum game.

It is a miscarriage of justice when an innocent person is wrongly convicted. And it is a travesty of justice when the guilty walk free.

Mr speaker, rape is one of the most terrible crimes there is.

The current defence of honest belief in consent means that a rapist can claim in court, no matter how unreasonably, that he 'honestly' believed consent had been given, and walk free. That is not justice.

We do not wish to convict anyone who genuinely and reasonably believed that consent was given. But we do expect a defendant to show that his mistake was not only an honest one, but in the circumstances a reasonable one. I have no intention of asking anyone to keep a pen and paper by the bedside.

But, Mr speaker, we will include a test of reasonableness in the law.

All rapes, including drug rape, will continue to carry a maximum penalty of life imprisonment. A new offence of administering drugs with the intent to commit a sex crime will carry a maximum penalty of 10 years. We are sending out a clear message that such offences will be treated very seriously.

A new offence of sexual assault will cover a wide range of offending, from minor assaults through to serious, violent attacks. At the top end of the range, offences will carry a maximum sentence of 10 years.

Mr speaker, much has been written about the question of anonymity. I am not minded to change the present situation for defendants who have been accused of a sex crime. But I am prepared to listen to the arguments of those who feel strongly on this point.

Mr speaker, there is increasing concern about the role of transnational and organised crime in trafficking children and adults for sexual exploitation.

New offences with tough penalties will cover these crimes. We will apply these offences to persons trafficked within the UK whether they are British citizens or foreign nationals.

Many in this House will be aware of the terrible exploitation of women and girls through organised criminal activity and the use of pimps to promote and control prostitution. Often this is linked to drug dependency, and what amounts to organised slavery. It is time in the 21st century, to face the reality of this sub-world of degradation and exploitation.

We therefore intend to examine the scope for a review of prostitution. We need to listen carefully to those communities affected most. From anti-social behaviour to Mafia style criminality, communities are bedevilled by this terrible trade.

We must aim to create safer neighbourhoods and an escape route for those trapped by vice.

Mr Speaker, our current laws on sex offences are not only archaic, they are discriminatory.

Criminalising acts between homosexuals that are not against the law for heterosexuals, goes against the principle of equality and previous reforms.

We will therefore update the law to ensure equality of treatment. Consensual sex in private that does not harm anyone should no longer be a criminal offence.

For the sake of absolute clarity and my own peace of mind, I wish to point out that we will not be legalising sex in public. Existing provisions in the Public Order Act of 1986 together with common law offences will remain in place.

However, as well as these we will introduce a new offence to deal with specific sex acts in a public place. This will reinforce a sense of decency and respect for others.

Mr Speaker, our overall aim is to create laws fit for the 21st century which provide confidence and protection. Laws which remain true to the time honoured and accepted parameters of a free and civilised society.

I commend this statement to the House."