Only the tattooing of minors is controlled by specific legislation - the Tattooing of Minors Act 1969.
The question of what is a valid consent for cosmetic body piercing is governed by common law.
If a person under the age of 18 is capable of understanding the nature of the act that is to be done, he or she is capable of giving a valid consent to it unless statute provides otherwise. 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. I understand that parents are concerned when their children have had body piercing done without their consent. However, I am advised by local authorities and the industry that body piercing should not be carried out on children without parental consent. Obviously, practice in individual businesses may vary.
Our concern is that, if we introduced a minimum age of consent, we could end up increasing the health risks of body piercing. Children might try to pierce themselves or each other in an unsafe or unhygienic manner or they would go to disreputable piercers rather than to those who abide by a code of practice and guidelines. It is a difficult issue on which to make the right judgment, but I am sure that we are all aware that, when an activity is subject to prohibition, the prospects of it taking place with greater risk always remain on the horizon. We are keeping the age of consent under constant review and will continue to consider whether it may be appropriate to introduce a minimum age of consent for this practice. Most reputable businesses would like guidelines that make it clear that people under the age of 16 should not be pierced.
In conclusion, our primary concern is that cosmetic body piercing is provided in a safe and hygienic manner. I have outlined the legislative framework that is in place and said that we plan, wherever possible, to strengthen that framework. We want to encourage local authorities outside London to use their existing powers under the Health and Safety at Work, etc. Act 1974 and under the provisions to regulate ear piercing and tattooing.
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We will keep the position under the review in the light of any new evidence that emerges, and we will consider the need for further action once the investigation into the tragic case of Daniel Hindle has been completed. I am keen that we learn the lessons of that case. I am pleased to confirm to my hon. Friend that we will consider the feasibility of carrying out a special study to make sure that we increase our evidence base on this issue.
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That will become increasingly important in the future as cosmetic body piercing becomes more popular particularly among young people. It is important that Government keep up to date with developments.
I thank my hon. Friend for raising a matter that is important not just to her constituency but to the country
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