Clause 29 - Dispersal of groups and removal of persons under 16 to their place of residence
Anti-social Behaviour Bill
4:15 pm
Mr James Clappison (Hertsmere, Conservative)
I would like to say a few words because antisocial behaviour has been a serious and growing problem in my constituency over the 10 years that I have been a Member of Parliament. It has grown steadily, and people increasingly ask me what I, as a politician, am doing about it. I say to the hon. Members for Mid-Dorset and North Poole and for Ludlow that my mind goes back to a meeting I attended in one part of my constituency recently, where the demands were being led by some of the Liberal Democrat councillors. They put me on the spot and asked me what I was supporting. I told them about something I was supporting but I did not have
the heart to tell them that the parliamentary Liberal Democrats were opposing it. That concerned a different measure but I think that we will arrive at a similar position today.
The hon. Lady says that there are too many thresholds and too few conditions that have to be met. My concern is the opposite: there are slightly too many conditions that have to be met, and I ask the Government to reconsider them. I want respectfully to take the hon. Lady through the hurdles that it seems have to be surmounted before the orders can be made. First, a relevant officer, who has to be a senior officer, has to have reasonable grounds for believing—that is fairly strong in legal terms—
''(a) that any members of the public have been intimidated, harassed, alarmed or distressed as a result of the presence or behaviour of groups of two or more persons in public places in any locality in his police area (the 'relevant locality'), and
(b) that anti-social behaviour is a significant and persistent problem in the relevant locality.''
Both of those conditions have to be satisfied. The process does not stop there. The officer's authorisation must meet the requisite formalities. I have a slight concern about that. The authorisation has to meet the formalities that are set out in clause 30. It must be in writing and specify each of the requirements. There also has to be consultation with the local authority and a notice put up locally.