Clause 5 - Extension and discharge of closure order
Anti-social Behaviour Bill
6:15 pm
Mr Nick Hawkins (Surrey Heath, Conservative)
I am delighted to hear what the Minister says about amendments Nos. 34 and 35, and that he has firmly stated that he thinks that we have a genuine point, which he will consider. I hope that that will result in some Government amendments that deal with it.
It is not our intention to prevent authorities from putting accommodation back into legitimate use. However, I say to both the hon. Member for Ludlow and the Minister that all we will do by extending the maximum time is to give the court greater powers. The courts will know the housing situation in their areas.
Legislation that states, as we suggest, that a closure order must not have effect for more than two years and that the courts may extend the period for which the order has effect by a period not exceeding 12 months does not specify that those periods must be 12 months and two years; each is a maximum.
There may be circumstances in which courts want to avoid a restart of the misuse of the property after three months and one day. The hon. Member for Gedling and others on the Government Back Benches have talked about that matter. In the cases of serious drug misuse that this part of the Bill seeks to deal with, there is a fear that, if the time limits are too short—they cannot in any circumstances be longer than three months and six months—the problem could recur in the very way that we want to avoid. If we were proposing an amendment that said it had to be 12 months or two years in every case, I could understand the argument better. Giving the courts the power to use the longer time limits if appropriate—that is all that we suggest—is a serious option.
The Minister says that he will consider the matter and the hon. Member for Ludlow was fair in saying that there is always a judgment to be made about the appropriate maximum time limit. I understand the point about bringing accommodation back into use. All that our amendment seeks to do is to give the courts a wide maximum and complete discretion within it. We have discussed the point about the constables and the Minister has agreed to have further discussions on the matter. I am grateful to him. Given that he will consider all the points that were made in this useful debate, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendment made: No. 189, in
clause 5, page 5, line 20, leave out '(2)' and insert '(3)'.—[Mr. Bob Ainsworth.]
Clause 5, as amended, ordered to stand part of the Bill.