Clause 29 - Dispersal of groups and removal of persons under 16 to their place of residence
Anti-social Behaviour Bill
5:00 pm
Mr Bob Ainsworth (Parliamentary Under-Secretary, Home Office; Coventry North East, Labour)
I am not sure that guidance will be needed. The double check is set out in the clause. The hon. Member for South-East Cambridgeshire does not believe that it is necessary and believes that such powers should be available to a constable to use anywhere the situation arises, but we want it to be double checked. We want the police to be able to go into an area to deal effectively with a persistent problem and to have the relevant powers to be able to do so.
The superintendent will define the area that he believes should be covered. He will have to be mindful of what is required of him under clause 29. There must be a history of people suffering as a result of the problem. In defining the area, he will have to consult the local authority, but there will not be a block on it. It will be a police-led decision if the criteria in clause 29 are met. I do not see why one commander cannot get in touch with another and consult two different local authorities to make sure if, as if often the case, a natural community is not properly represented by political boundaries, such as those of a district council or a metropolitan borough council.
I do not think that a restriction on encapsulating the areas would need to be covered, but we do want that double lock so that we can be sure that the powers are given to constables where they are needed. We envisage that being done in a strategic way. If there has been a problem in a particular area for a period of time, once the local authority has been consulted, the police will go in there and sort it out.
The hon. Member for South-East Cambridgeshire raised the issue of noise and people shouting abuse. He knows that the police already have the power to act anywhere in the country under their existing powers—breach of the peace, public order, and so on. None of the provisions should detract from any of the existing powers. We cannot afford to send a message to the police that they have not got the power to act under any existing power that they have outside a designated area.
The hon. Gentleman says that residents might not understand why something can happen in one neighbourhood but not another. That problem might arise, but a case needs to be made that the action is necessary. Residents may well say, ''Why on earth are you allowed to do that in that area, but not in ours?'' If they can make a case that there is a history of problems in their area and they suffer from groups hanging around, causing harassment, intimidation and distress, they can persuade the police to designate that area, too. There is no problem their area being covered, but justification will be needed.