Clause 2 - Closure order
Anti-social Behaviour Bill
5:30 pm
Mr Bob Ainsworth (Parliamentary Under-Secretary, Home Office; Coventry North East, Labour)
My hon. Friend raises the same point as my hon. Friend the Member for Stockton, South. They are concerned to ensure that we have not set the barrier too high and that we are not rendering the powers difficult to use. I am as concerned as he is, and I have been trying to satisfy myself fully that we have not done that. I intend to continue to do that. When we say ''satisfied'', we mean that the court needs to be satisfied with regard to class A drugs. That might not be as straightforward as he might think, but we are talking about the balance of probability; not proof beyond all reasonable doubt. The police officer will have to have good reason and the court will have to be satisfied, and in order to be satisfied it will have to decide that the balance of probability is that the premises are being used for the sale, use, manufacture or production of class A drugs.
On the issue of nuisance, we expect to give guidance to lead the court in the direction of what constitutes serious nuisance and to allow professional witnesses to give evidence to that effect. My hon. Friend is right; getting near neighbours to give evidence is often the biggest barrier to taking action. Their lives are being plagued and they know that there is a massive problem in their area. Equally, they feel that if they come forward and give evidence, the consequences for them will be appalling. We must make certain that the power is usable from that point of view. It should be sufficient for guidance to say that if a local authority officer testifies to the fact that in the near area noise has been a continual problem, needles or other drug paraphernalia have been found in the near area and there has been an increase in prostitution over a period of time, the power can be invoked. Professional witnesses giving their evidence should satisfy the court enough for it to give the notice.
I want to continue to satisfy myself that that is the case, as I know that my hon. Friends will want to do. We know the size of the nuisance that exists, and we are determined to have a power for which the hurdle is set at the right level. It is not too high so that the police walk away from it because it is too difficult to use. I give my hon. Friend the assurance that I will continue to focus on the issue. I am as aware of it as he is.
Question put and agreed to.
Clause 2, as amended, ordered to stand part of the Bill.