Clause 36 - Anti-social behaviour orders
Anti-social Behaviour Bill
9:10 am
Mr Bob Ainsworth (Parliamentary Under-Secretary, Home Office; Coventry North East, Labour)
I understand what Opposition Members seek to achieve, but their proposal would not be helpful. I hope to persuade the hon. Gentleman that that is right. The amendments would open up the county courts to further antisocial behaviour applications even when the antisocial behaviour of the person in question was not directly related to the principal proceedings in the court. That would not achieve the objective of making it simpler to get antisocial behaviour orders to provide quicker protection for those suffering from antisocial
behaviour. Further evidence and witnesses would be necessary, as the antisocial behaviour would be unrelated to the evidence in the principal proceedings. That could slow down the proceedings and the protections that they offer. The appropriate forum for unrelated applications is a magistrates court.
When the evidence of a person's antisocial behaviour is directly relevant to proceedings in a county court, the Government's proposal will enable that court to join the person to the proceedings, so that an order may be made against them. That will be extremely useful when, for example, a tenant is being evicted due to the antisocial behaviour of a family member or friend. It removes the need for the same evidence to be presented in different courts.
Under the amendments, we might deal not with the antisocial behaviour directly relating to the relevant premises, but with antisocial behaviour that was occurring around the corner. That would not be helpful. In those circumstances, a separate order should be sought. That said, I fully understand what the hon. Gentleman seeks to achieve, because there are pockets of antisocial behaviour that go well beyond individual premises in respect of which proceedings may be taken in the county court.