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Viscount Bridgeman: I am grateful to the noble Lord, Lord Monson, for his support of the amendment. I note what the Minister said—particularly his assurance in regard to the remedies currently available through the courts—and I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
5.15 p.m.
Lord Rooker moved Amendment No. 298A:
- After Clause 53, insert the following new clause—
The noble Lord said: In moving Amendment No. 298A, I shall speak also to the proposed new clauses in Amendments Nos. 298B to 298F. These are government amendments on the central issue that I flagged up at Second Reading. I said that we would be bringing forward these amendments, which I hope will meet with the Committee's approval. I do not want to delay our proceedings, but it is worth putting on the record the reasons why we have brought forward these amendments. I can do so fairly briefly.
The anti-social behaviour orders, known as ASBOs—I try to avoid jargon in this place because if it turns up on the telly people wonder what the hell you are on about, but it takes a long time to say without it—are an important tool in addressing anti-social behaviour. However, ASBO use varies between areas and agencies and, to aid the battle against anti-social behaviour, the Government wish to increase the effectiveness of ASBOs by introducing these six amendments.
The proposed new clauses will amend and add to the provisions of Section 1 of the Crime and Disorder Act 1998. Amendment No. 298A seeks to enable the British Transport Police and registered social landlords to apply directly for anti-social behaviour orders by giving them "relevant authority" status. Each faces particular problems with anti-social behaviour and this proposed new clause will empower them to deal with such problems in an effective and
Amendment No. 298A also seeks to extend the area over which an ASBO can be made. It allows for the protection of persons anywhere within England and Wales or a defined area within England and Wales and tackles the problem of an offender simply moving to another area to continue the anti-social behaviour. The applicant will not be required to name or consult each local government area to be covered by the ASBO; paperwork therefore will be kept to a minimum.
Amendment No. 298B seeks to add a new Section 1A to the 1998 Act which enables the Secretary of State to add other non-Home Office police forces to the list of relevant authorities should this be required in the future—for example, the Royal Parks Police—hence avoiding the need for primary legislation.
Amendment No. 298C seeks to add a new Section 1B to the 1998 Act which enables county courts to make anti-social behaviour orders where the person who is to be the subject of the ASBO is party to proceedings that involve anti-social behaviour—for example, in eviction proceedings. Relevant authorities must also be party to those proceedings in order to make the application for the ASBO. If the relevant authority is not party to the proceedings, it may apply to the county court to be joined in the proceedings. Introducing the ASBOs into the county court removes the need for a separate legal process and enables the community to be protected more quickly.
Amendment No. 298D seeks to add a new Section 1C to the 1998 Act which enables a court dealing with criminal proceedings to make an order equivalent to an anti-social behaviour order against a person who has been convicted of a criminal offence in addition to the sentence or conditional discharge. The court must be satisfied that the offender has acted in an anti-social manner that has caused or is likely to cause harassment, alarm and distress, and that the ASBO is necessary to protect persons in England and Wales against further anti-social acts. There is no requirement for a relevant authority to apply for the ASBO on conviction. The court will be able to grant the ASBO by its own motion. This amendment also removes the need for a separate legal process and enables the community to be protected more quickly.
Amendment No. 298E seeks to insert a new Section 1D into the 1998 Act which introduces an interim ASBO that can be made by the courts on application by a relevant authority. It is for a fixed period pending the outcome of a full hearing. The effect of the interim anti-social behaviour order would be similar, as regards the prohibitions it may impose and the sanctions for breach, to a full ASBO. It will provide faster protection to the community and is especially beneficial to witnesses.
Amendment No. 298F seeks to introduce a new Section 1E which amends the consultation requirements for relevant authorities applying for
I hope that that brief summary of the proposed new clauses will enable those who are experienced in this matter to realise that the provisions will give more teeth, and practicality, to the anti-social behaviour order. At meetings of one of my local police consultancy committees, which I attended on a regular basis, great hopes were expressed for the ASBOs. Their difficulty in getting off the ground caused a degree of discontent. At present, almost 500 have been brought into being. The proposed changes are highly practical. They will allow ASBOs to "take off". I beg to move.
"ANTI-SOCIAL BEHAVIOUR ORDERS
(1) Section 1 of the Crime and Disorder Act 1998 (c.37) (anti-social behaviour orders) shall be amended as follows.
(2) For paragraph (b) of subsection (1) (authority to be satisfied that order is necessary to protect persons), there shall be substituted—
"(b) that such an order is necessary to protect relevant persons from further anti-social acts by him."
(3) The words after that paragraph (which specify the authorities who, as relevant authorities, are entitled to apply for anti-social behaviour orders) shall be omitted.
(4) After subsection (1) there shall be inserted—
"(1A) In this section and sections 1B and 1E "relevant authority" means—
(a) the council for a local government area;
(b) the chief officer of police of any police force maintained for a police area;
(c) the chief constable of the British Transport Police Force; or
(d) any person registered under section 1 of the Housing Act 1996 (c. 52) as a social landlord who provides or manages any houses or hostel in a local government area.
(1B) In this section "relevant persons" means—
(a) in relation to a relevant authority falling within paragraph (a) of subsection (1A), persons within the local government area of that council;
(b) in relation to a relevant authority falling within paragraph (b) of that subsection, persons within the police area;
(c) in relation to a relevant authority falling within paragraph (c) of that subsection—
(i) persons who are on or likely to be on policed premises in a local government area; or
(ii) persons who are in the vicinity of or likely to be in the vicinity of such premises;
(d) in relation to a relevant authority falling within paragraph (d) of that subsection—
(i) persons who are residing in or who are otherwise on or likely to be on premises provided or managed by that authority; or
(ii) persons who are in the vicinity of or likely to be in the vicinity of such premises."
(5) Subsection (2) (which is superseded by the provision made by section (Consultation requirements) of this Act) shall cease to have effect.
(6) In subsection (3) (which identifies the court to which an application should be made), for the words from "the place" to the end there shall be substituted "the local government area or police area concerned".
(7) For subsection (6) (nature of prohibitions which may be imposed by order) there shall be substituted—
"(6) The prohibitions that may be imposed by an anti-social behaviour order are those necessary for the purpose of protecting persons (whether relevant persons or persons elsewhere in England and Wales) from further anti-social acts by the defendant."
(8) In subsection (12) of that section (interpretation)—
(a) after "In this section—" there shall be inserted—
"'British Transport Police Force' means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);"; and
(b) after the definition of "local government area" there shall be inserted—
""policed premises" has the meaning given by section 53(3) of the British Transport Commission Act 1949."
(9) Nothing in this section applies in relation to any application made under section 1 of the Crime and Disorder Act 1998 before the coming into force of this section."
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