§ Dr. David ClarkTo ask the Secretary of State for the Home Department what consultations he has had with local authorities concerning the body piercing of minors. [81422]
§ Mr. BoatengIn 1996, the then Government consulted on proposals affecting local authority control of skin piercing businesses. We have concluded that legislation which would give local authorities outside London powers to regulate cosmetic body piercing businesses, should be introduced as soon as Parliamentary time can be found. There has, however, been no consultation specifically relating to the body piercing of minors.
§ Dr. David ClarkTo ask the Secretary of State for the Home Department (1) if he will introduce legislation to prohibit body piercing of minors without their parents' or guardians' consent; [81424]
(2) if he will list the statutory provisions which cover the body piercing of minors; [81423]
§ Mr. BoatengTattooing of children under the age of 18 is an offence under the Tattooing of Minors Act 1969. As regards the piercing of one person's body by another person, this could, in certain circumstances, be held to be an assault.
483WWhen it comes to other forms of body piercing, the question of what is a valid consent is governed by common law. Whether an offence has been caused therefore depends on the circumstances of each particular case. The degree of competence that can be exercised by children will depend in each case on the relative maturity of the child concerned, as well as upon his or her age.
In English law, the age of majority is 18 years. If a person under the age of 18 is capable of understanding the nature of the act that is being done, he or she is capable of giving a valid consent to it unless Statute provides otherwise.
Other types of body piercing, however, are not necessarily subject to these provisions. For example, children under the age of 16 cannot consent to what would otherwise be an indecent assault; whether an indecent assault occurred would depend on the facts of the individual case. Any establishment offering certain types of body piercing would, therefore, need to satisfy themselves as to the age of their customer and that he/she was capable of giving a valid consent.
§ Dr. David ClarkTo ask the Secretary of State for the Home Department what representations he has received concerning body piercing of minors. [81425]
§ Mr. BoatengWe have received a small number of letters from Members of Parliament and members of the general public asking us to give further consideration to the introduction of the new legislation.