Clause 48 - Penalty notices in respect of graffiti or
Anti-social Behaviour Bill
4:15 pm
Mr Nick Hawkins (Surrey Heath, Conservative)
It will be helpful to have a brief debate on the clause. I am glad to say that Opposition Members can welcome the fact that the Government propose to take further measures on graffiti and fly posting. I receive many letters from constituents about graffiti and fly posting, and I am sure that other members of the Committee receive similar letters.
It is fair to say that all of us who are rightly proud of our country are depressed about the image that is sometimes conveyed, particularly to overseas tourists, by the amount of graffiti here. The problem is not by any means restricted to the UK-I have observed a lot
of graffiti in other European countries as well. However, it is undoubtedly the case that parts of our major cities-not only London-have been severely damaged by graffiti. Local authorities, companies and other bodies have to spend an appalling amount of money on removing graffiti. One thinks in particular of the problems faced by railway companies and London Transport in trying to clean graffiti off railway and tube carriages. We therefore welcome the fact that further powers are being taken in clause 48 to enable authorised officers of local authorities to issue penalty notices. However, I have some questions for the Minister about the powers that the Government are taking.
One of the issues on which I considered tabling an amendment, but decided not to do so, is the level of penalty that has been chosen. Unfortunately, some graffiti artists are quite wealthy, and I wonder whether the £50 penalty specified in subsection (9) will be enough of a deterrent. I am rather surprised that the penalty is so low. Can the Minister explain the thinking behind that?
It occurred to me that, although the power is useful, the Government need to consider whether they are imposing extra bureaucracy on local authorities. I have previously mentioned my concern about the imposition of more and more duties and powers on local authorities without accompanying funding. I am particularly conscious of that matter, having just opened a letter from the chief executive of my local authority, in which it is pointed out that Surrey Heath borough council has experienced a net loss this year, because the extra money that it has had to pay out in salaries and national insurance outweighed the increase that it received from the Government. That is not the Minister's fault, but it is nevertheless relevant.
I hope that the Minister can explain the thinking behind the low penalty payable in pursuance of a notice, but I understand that in subsection (10):
''The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (9).''
It is useful that local authorities have the opportunity to increase the maximum penalty, but I wonder whether we should be delegating such matters to them. It is more common for the Government to set out the level of a penalty in the Bill, and then to increase it in due course, if new legislation or inflation mean that the amount is too low. I hope that the Minister can comment on that, but I do not want him to read into what I said any opposition to further measures against those responsible for graffiti or fly posting.
On another point, subsection (2) says that a fixed penalty may not be used if the offence was motivated wholly or partly by hostility towards a person based on his belonging to a racial or religious group or towards members of a racial or religious group. I assume that the thinking behind that is that such an offence would be pursued separately by the police, using other powers for offences of race hatred. Can the Minister give some guidance on how local authorities should respond? Should they go and consult senior
officers in the relevant police force the minute that they identify such an offence? As that aspect of fly posting or graffiti is excluded from the power, can the Minister explain what local authorities should do if a vast number of racist posters suddenly go up in an area over a weekend?