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Standing Committee B
Thursday 11 July 2002
(Afternoon)
[Mr. Edward O'Hara in the Chair]
2.30 pm
Mr. Edward Davey (Kingston and Surbiton): On a point of order, Mr. O'Hara. Welcome back to this afternoon's sitting. I imagine that your break was more enjoyable than mine, but it is good to be back in Committee.
What will happen if we reach 7 o'clock and have not finished the business? I do not recall whether the sittings motion that we discussed on 18 June made provision for that. In case of such an eventuality, will it be in order for me, after discussing the matter with colleagues, to draft a new sittings motion? I should be grateful to receive advice on what action you would like us to take if we reach 7 o'clock without having completed our proceedings.
The Chairman: There are two responses to that point of order. First, we are not bound to finish our proceedings by 7 pm. The Committee may proceed until any hour. Secondly, should it be necessary for me to receive a new sittings motion, it is desirable that it should come from the promoter of the Bill. I give the hon. Gentleman that advice in answer to his question, but he should wait to see how we go.
Mr. Davey: Further to that point of order, Mr. O'Hara. You will have noted that our numbers have become depleted since the morning sitting. We have also lost the promoter of the Bill, the right hon. Member for Birkenhead (Mr. Field), although he may return at any second. This is the first private Member's Bill that I have had the pleasure to discuss in Committee—despite this being my second term in Parliament, it is a new experience—and I do not know the procedure. Can we continue our deliberations in the absence of the promoter of the Bill, who will not hear our arguments and thus will not be able to decide whether he wishes to amend the Bill? It seems rather odd on first principles that someone who is pushing through a Bill is not here to listen to it being debated. That seems to go against the whole process of democracy.
The Chairman: The hon. Gentleman may hold that opinion, but my duty is to proceed with the business if I see five members of the Committee in the Room—and I do.
Mr. Davey: I am grateful for those two clarifications, Mr. O'Hara. They will help me to decide how to proceed during the next few hours.
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Clause 1
Withholding of housing benefit on grounds of anti-social behaviour
Amendment proposed [this day]: No. 1, in page 1, line 2, leave out 'three' and insert 'five'.—[Mr. Clappison.]
Question again proposed, That the amendment be made.
The Chairman: I remind the Committee that with this we are taking the following: Amendment No. 1, in page 1, line 2, leave out 'three' and insert 'five'.
Amendment No. 10, in page 1, line 3, after 'individual', insert 'permanently'.
Amendment No. 11, in page 1, line 3, after 'individual', insert
'who for more than twelve months has been'.
Amendment No. 4, in page 1, line 4, leave out 'magistrates'.
Amendment No. 2, in page 1, line 4, leave out 'summary'.
Amendment No. 12, in page 1, line 5, after second 'tenant', insert
'and reasonable attempts to offer support and resettlement services have been refused'.
Amendment No. 3, in page 1, line 5, leave out 'Secretary of State may' and insert
'court concerned on the most recent occasion may order the Secretary of State to'.
Amendment No. 13, in page 1, line 8, leave out 'twelve' and insert 'six'.
Amendment No. 15, in page 1, line 8, at end insert
'provided that in the case of a tenant of a registered social landlord the Secretary of State shall first obtain the agreement of the registered social landlord'.
Amendment No. 16, in page 1, line 8, at end insert
'provided that in the case of a tenant of a local authority the Secretary of State shall first obtain the agreement of the local authority'.
Amendment No. 17, in page 1, line 8, at end insert
'provided that in the case of a tenant of a public body the Secretary of State shall first obtain the agreement of the public body and in this section the term public body includes—
(a) a local authority
(b) a registered social landlord
(c) a government department
(d) a police authority and
(e) a health authority or primary care trust'.
Amendment No. 14, in page 1, line 8, at end insert—
'(1A) A local housing authority or a local social services authority may make recommendations to the Secretary of State regarding the withholding of benefit under subsection (1) above and it shall be the duty of the Secretary of State to consider all such recommendations before taking any action under subsection (1)'.
Amendment No. 18, in page 1, line 9, after 'means', insert 'a pattern of consistent'.
Amendment No. 19, in page 1, line 9, after second 'behaviour', insert 'consistently'.
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Amendment No. 20, in page 1, line 10, leave out from 'cause' to end and insert
'serious harm, harassment, alarm or distress to others where the behaviour is either linked to the occupation of the home or occurs in the locality of the home'.
Amendment No. 25, in page 1, line 10, leave out 'or' and insert 'and'.
Amendment No. 23, in page 1, line 10, at end add
'and which in the opinion of the Secretary of State cannot better be dealt with in any other way than that specified in this Act'.
Amendment No. 24, in page 1, line 10, at end add
'and which in the opinion of—
(a) the Secretary of State and
(b) the local housing authority and
(c) the local social services authority
cannot better be dealt with in any other way than that specified in this Act'.
Amendment No. 21, in page 1, line 10, at end add—
'(3) For the purposes of subsection (1) the Secretary of State may only withhold any payment of housing benefit if he is satisfied that exceptional hardship will not result for the tenant or any person who resides with them.'.
Amendment No. 22, in page 1, line 10, at end add—
Amendment No. 26, in page 1, line 10, at end add—
'(3) The Secretary of State shall not take any action pursuant to subsection (1) above until he has given any person against whom any such action is intended to be taken a reasonable opportunity to make representations to him or any person appointed by him as to why such action should not be taken.'.
Amendment No. 27, in page 1, line 10, at end add—
'(3) The Secretary of State shall not take any action pursuant to subsection (1) above until he has received the advice of a case conference called for the purpose of considering the proposed action.
(4) For the purposes of this section a case conference is a meeting called by the Secretary of State of all agencies which he considers may be able to offer him guidance and notwithstanding the generality the following persons shall be invited to such a meeting, namely—
(a) a representative of the local housing authority
(b) a representative of the local social services authority
(c) a representative of the local police
(d) the person or persons against whom action is proposed to be taken.'.
Clause stand part.
Amendment No. 28, in clause 2, page 1, line 13, after 'individual', insert 'permanently'.
Amendment No. 29, in clause 2, page 1, line 13, after 'individual', insert 'who for more than twelve months has been'.
New clause 1—Effect on child—
'( ) Before any decision to withhold payment of housing benefit is made regard must be had to the effect of this on the welfare of any children in such a household.'.
New clause 2—Representations—
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'( ) In making a decision to withhold payment of housing benefit regard may be had to representations from any person affected by the anti-social behaviour concerned.'.
Government new clause 3—Anti-social behaviour declarations: criminal proceedings
'(1) This section applies where—
(a) on any occasion a person (''the offender'') is convicted of one or more offences by or before a court, but
(b) a custodial sentence of a year or more is not imposed on the offender in respect of the conviction, or any of the convictions.
(2) If it appears to the prosecutor that, by reason of any or all of the conduct giving rise to the conviction or convictions, the offender may have behaved in an anti-social manner, the prosecutor must notify the court to that effect.
(3) Where—
(a) the court is notified under subsection (2), and
(b) it is satisfied that, by reason of any or all of the conduct giving rise to the conviction or convictions, the offender has behaved in an anti-social manner,
it must make a declaration that he has so behaved.
(4) A declaration under this section must specify the day on which the conduct in respect of which it is made occurred or, if that conduct occurred on more than one day, the earliest and latest days on which it occurred.
(5) For the purposes of this section, a person has behaved in an anti-social manner if his conduct caused, or was likely to cause, harassment, alarm or distress to one or more persons (not of the same household as himself) residing in, visiting, or otherwise engaged in lawful activity in, the locality of his home.
(6) In this section—
(a) any reference to a conviction includes a conviction in relation to which a court makes an order for a conditional discharge (but not a conviction in relation to which a court makes an order for an absolute discharge), and
(b) ''custodial sentence''—
(i) in relation to England and Wales, has the meaning given in section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6), and
(ii) in relation to Scotland, means a sentence as defined in section 307(1) of the Criminal Procedure (Scotland) Act 1995 (c.46).
(7) In section 50 of the Criminal Appeal Act 1968 (c.19) (meaning of ''sentence''), in subsection (1), after paragraph (h) insert ''; and
(i) a declaration under section (anti-social behaviour declarations: criminal proceedings) of the Housing Benefit (Withholding of Payment) Act 2002 (anti-social behaviour declarations: criminal proceedings).''
(8) In section 108 of the Magistrates' Courts Act 1980 (c.43) (rights of appeal), at the end of subsection (3) insert ''and a declaration under section (anti-social behaviour declarations: criminal proceedings) of the Housing Benefit (Withholding of Payment) Act 2002 (anti-social behaviour declarations: criminal proceedings).''
(9) For the purposes of any appeal or review, a declaration under this section made by a court in Scotland is a sentence.'.
And the following amendments thereto: (a), leave out subsection (1)(b).
(c), in subsection (2) after ''effect'', insert
'and provide written evidence, including at least a statement from the landlord of the offender.'.
(d), in subsection (3)(b) after ''convictions'', insert
'and by reason of the written evidence it has considered as to the specific anti-social behaviour concerned,'.
(b), in subsection (5), after ''home'', insert
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', provided that if a person can show that he acted in self defence or under extreme provocation then his behaviour shall not be deemed to be anti-social'.
Government new clause 4—Anti-social behaviour declarations: civil proceedings—
'(1) This section applies where—
(a) in England and Wales, the High Court, a county court or a magistrates' court, or
(b) in Scotland, the Court of Session or the sheriff, makes a prescribed order in any civil proceedings, other than prescribed proceedings.
(2) Any prescribed party to the proceedings may apply to the court for a declaration that any other prescribed party has behaved in an anti-social manner by reason of any or all of the conduct in respect of which the order is made.
(3) If the court is satisfied on an application under subsection (2) that the person concerned has so behaved it must make a declaration accordingly.
(4) A declaration under this section must specify the day on which the conduct in respect of which it is made occurred or, if that conduct occurred on more than one day, the earliest and latest days on which it occurred.
(5) Subsection (5) of section (anti-social behaviour declarations: criminal proceedings) applies for the purposes of this section as it applies for the purposes of that section.'.
And the following amendments thereto: (a), in subsection (3), after 'accordingly', insert
', provided that the court need not make such a declaration if it is of the opinion that the person acted in self defence or under extreme provocation.'.
(b), after subsection (3), insert—
'(3A) A court may only make a declaration under subsection (3) above against a person over the age of 65 if it considers that there are exceptional circumstances and if it is satisfied that no other method of dealing with that person's behaviour is applicable.'.
(c), after subsection (5), add—
'(6) Where a court is minded to make an order under this section and it forms the view that any person against whom the order is intended is unable to properly represent himself and is not represented the court shall adjourn the proceedings to give any such person the opportunity of securing legal representation.'.
Government new clause 5—Withholding of benefit—
'(1) Where a declaration is made under this Act in respect of a person, any housing benefit payable to him during the disqualification period shall be payable as if the rate of benefit were reduced in the prescribed manner.
(2) Subsection (1) does not apply in prescribed cases.
(3) Subsection (1) also does not apply to a declaration made in respect of a person (''declaration A'') where—
(a) another declaration made under this Act in respect of that person (''declaration B'') has been taken into account for the purposes of any previous application of that subsection, and
(b) any day which is a relevant day in relation to declaration A is also a relevant day in relation to declaration B.
(4) For the purposes of subsection (3)(b) ''relevant day'', in relation to a declaration under this Act, means—
(a) in a case where only one day is specified in the declaration under section (anti-social behaviour declarations: criminal proceedings)(4) or (anti-social behaviour declarations: civil proceedings)(4), that day, and
(b) in any other case, the earliest and latest days so specified and any day between them.
(5) Where a declaration by virtue of which subsection (1) operates is quashed or set aside, all such payments and other adjustments shall be made as would be necessary if the declaration had not been made.
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(6) Where, in the case of a declaration by virtue of which subsection (1) operates, the date or dates specified under section (anti-social behaviour declarations: criminal proceedings)(4) or (anti-social behaviour declarations: civil proceedings)(4) are varied by a court (on appeal or otherwise), all such payments and other adjustments must be made as would be necessary if the declaration had been made as varied.
(7) In this section ''disqualification period'' means such period, not exceeding 52 weeks, as may be determined by or in accordance with regulations made by the Secretary of State.'.
And the following amendments thereto: (c), in subsection (1), leave out ''shall'' and insert ''may''.
(a), after subsection (1), insert—
'(1A) Where a declaration is made under this Act in respect of a person any housing benefit payable to a person in whose household he resides may be payable as if the rate of benefit were reduced in the prescribed manner.
(1B) Where a declaration is made under this Act in respect of a person and the commission of the anti-social behaviour leading to the making of the declaration took place within three years of the commission of anti-social behaviour leading to a previous declaration of anti-social behaviour, any housing benefit payable to him or a person in whose household he resides may be withheld.'.
(b), in subsection (7), after second 'period,', insert
'not less than 13 weeks and'.
(d), in subsection (7), leave out ''52'' and insert ''26''.
New clause 8—Old persons—
'.—No benefit shall be withheld under this Act from any person over the age of 65'.
New clause 9—Children under five years—
'.—No benefit shall be withheld under this Act from any person where in the opinion of the Secretary of State it would severely damage the health or welfare of any child under five years of age.'.
New clause 10—Children under five years (No. 2)—
'No benefit shall be withheld under this Act from any person where in the opinion of the local social services authority it would severely damage the health or welfare of any child under five years of age and it shall be the duty of the Secretary of State to ask that authority for its opinion before he takes any action under this Act in cases involving children under five.'.
New clause 12—Reviews (No. 2)—
'( ) The Secretary of State shall publish and send to the National Assembly for Wales a review of the working of section 1 above in Wales after a period of twelve months and shall take into account any points made by the Assembly in any future actions taken under section 1.'.
New clause 13—Reviews (No. 3)—
'( ) The Secretary of State shall publish and send to the Scottish Parliament a review of the working of section 1 above in Scotland after a period of twelve months and shall take into account any points made by the Parliament in any future actions taken under section 1.'.
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