New clause 2 - Powers of Head Teachers
Anti-social Behaviour Bill
3:15 pm

Photo of Mr Bob Ainsworth

Mr Bob Ainsworth (Parliamentary Under-Secretary, Home Office; Coventry North East, Labour)

I am aware of that, but I believe that the hon. Gentleman is only putting that idea forward to try to cover the draconian nature of his proposal. He practises law and knows better than I that magistrates courts are not really equipped to deal with matters of law. He is trying to deny access to any appeal whatever on points of merit. He will allow appeals on matters of law but does not want them to go to the High Court, which is equipped to deal with them. He wants to cover himself by sending them to the magistrates court where a lay magistrate will have to attempt to deal with matters of law. In my opinion, the new clause is not only draconian and unjustified, but a mess, too.

We cannot totally ignore the issue of cost. If people feel that they need support to go to an appeals panel, they would certainly feel the need for support—and the need to pay for it—if they had to go to a court, whether a magistrates court, a Crown court or the High Court. I therefore appeal to the hon. Gentleman to withdraw the motion. If he is not prepared to do so, I urge my hon. Friends to vote against it.

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