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Amendment proposed to the proposed amendment: (a), in line 4, at end add
'provided that an instrument containing provisions under paragraph (b) above shall not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament'.—[Mr. Davey.]
Question put, That the amendment be made:—
The Committee divided: Ayes 1, Noes 10.
Division No. 9]
AYES
Davey, Mr. Edward
NOES
Blizzard, Mr. Bob
Clappison, Mr. James
Coaker, Mr. Vernon
Field, Mr. Frank
Hoey, Kate
Howarth, Mr. George
Knight, Mr. Greg
MacDonald, Mr. Calum
Selous, Andrew
Wicks, Malcolm
Question accordingly negatived.
Amendment agreed to.
Question put, That the clause, as amended, stand part of the Bill:—
The Committee divided: Ayes 10, Noes 1.
Division No. 10]
AYES
Blizzard, Mr. Bob
Clappison, Mr. James
Coaker, Mr. Vernon
Field, Mr. Frank
Hoey, Kate
Howarth, Mr. George
Knight, Mr. Greg
MacDonald, Mr. Calum
Selous, Andrew
Wicks, Malcolm
NOES
Davey, Mr. Edward
Question accordingly agreed to.
Clause 3, as amended, ordered to stand part of the Bill.
New clause 3
Anti-social behaviour declarations: criminal proceedings
'(1) This section applies where—
Column Number: 102
(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).''
For the purposes of any appeal or review, a declaration under this section made by a court in Scotland is a sentence.'.—[Malcolm Wicks.]
Brought up, and read the First time.
Motion made, and Question put, That the clause be read a Second time:—
The Committee divided: Ayes 10, Noes 1.
Division No. 11]
AYES
Blizzard, Mr. Bob
Clappison, Mr. James
Coaker, Mr. Vernon
Field, Mr. Frank
Hoey, Kate
Howarth, Mr. George
Knight, Mr. Greg
MacDonald, Mr. Calum
Selous, Andrew
Wicks, Malcolm
NOES
Davey, Mr. Edward
Question accordingly agreed to.
Clause read a Second time, and added to the Bill.
Column Number: 103
The Chairman: Having put the question that the clause be added to the Bill, I should tell the Committee that some amendments are to be called formally. The hon. Member for Hertsmere has suggested that he does not want to press one of them, but there are two amendments in the name of the hon. Member for Kingston and Surbiton. If he wants to press them to a Division, I must put the question forthwith.
Mr. Clappison: On a point of order, Mr. O'Hara. I should like it to be made absolutely clear whether we are still on new clause 3. When we reach new clause 5, we shall consider other amendments with similar designations, one of which I shall not press to a Division.
The Chairman: We are negotiating a minefield. All will become clear. I must now put the question on the amendments that the hon. Member for Kingston and Surbiton wants to press.
Mr. Davey: On a point of order, Mr. O'Hara. I believe that we have reached some amendments to which I did not speak—something that I am sure gave other hon. Members great pleasure. Would it be in order for me to table them on Report and speak to them then if I do not press them now?
The Chairman: The hon. Gentleman may want not to press the amendments now but to reserve his position, in which case I shall not put the question on the amendments. 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.'.—[Mr. Wicks.]
Brought up, read the First and Second time, and added to the Bill.
Mr. Field: On a point of order, Mr. O'Hara. What is happening to amendments (a), (b) and (c) to new clause 4?
The Chairman: They were amendments to new clause 3, and no one spoke to them. They were grouped with an earlier new clause.
Mr. Field: Amendments (a), (b) and (c) relate to new clause 4, to which we have just agreed.
The Chairman: Yes. We have gone beyond them.
Column Number: 104
4.45 pm
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.
(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.'.—[Malcolm Wicks.]
Brought up, and read the First and Second time.
Mr. Clappison: On a point of order, Mr. O'Hara. I am not moving amendment (a) to the new clause, but I should like to move amendment (b).
The Chairman: I shall now put that to the Committee.
Amendment proposed to the proposed new clause: (b), after second 'period,', insert
'not less than 13 weeks and'.—[Mr. Clappison.]
Question put, That the amendment be made:—
The Committee divided: Ayes 7, Noes 4.
Division No. 12]
AYES
Clappison, Mr. James
Coaker, Mr. Vernon
Field, Mr. Frank
Hoey, Kate
Howarth, Mr. George
Knight, Mr. Greg
Selous, Andrew
NOES
Blizzard, Mr. Bob
Drew, Mr. David
MacDonald, Mr. Calum
Wicks, Malcolm
Question accordingly agreed to.
Clause, as amended, added to the Bill.
Column Number: 105
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