Column 2001 if the law-making body of another country attempted to pass laws which would apply here. Equally, therefore, we must not attempt to export our laws overseas. The dual criminality test avoids that trap. The intended act must amount to conduct which falls within the scope of the sexual offences against children set out in the schedule to this Bill. Clause 2 makes it an offence to incite another person to commit certain sexual acts against children abroad.
Incitement is the act of encouraging others to do something.
It could include advertising material in the case of tour operators. But, again, if two or more potential offenders are discussing where to go to indulge in their activities, any encouragement that one gave the other could well amount to incitement. Conditions are set out in Clause 2 which must be satisfied before incitement in these circumstances would amount to an offence under the provisions of the Bill. The conditions are similar to those which I described a moment ago in relation to conspiracy. Clause 2 also extends, for the purposes of the Bill, the scope of incitement to ensure that any incitement by means of a telephone call, fax, Internet message or similar method is deemed to take place in England and Wales if the message is received in England and Wales.