Clause 11 - Restraining orders: Northern Ireland
Domestic Violence, Crime and Victims Bill [Lords]
10:45 am
Lady Lady Hermon (North Down, UUP)
I plan to spend a few moments on the clause, which extends restraining orders to Northern Ireland. Part of me, but not all, is pleased that for once the Government have remembered Northern Ireland in relation to criminal law. As I said in debate on clause 10, we in Northern Ireland do not even have antisocial behaviour orders. I say that with great regret, because criminal law was not devolved even during the brief time that we had an Assembly, which was suspended in October 2002. Responsibility for criminal law in Northern Ireland has remained in Westminster since 1972. Last year, I was one of the first to complain that only a small portion of the Criminal Justice Act 2003 extended to Northern Ireland. However, we have a
listening Home Secretary. Although he comes in for a lot of criticism, he is much admired in Northern Ireland for his extension of some provisions there.
Turning to restraining orders, the Constitutional Affairs Minister repeatedly made reference to the fact that the Protection from Harassment Act 1997 goes wider than domestic violence. That is absolutely correct. It deals with pursuing a course of conduct that leads to harassment and with the fear or threat of violence that can arise from harassment. I therefore have difficulty with the positioning of clause 11. I urge Committee members to remember that we have moved on from domestic violence to the crime section of the Bill. Although our debates are couched in terms of domestic violence, I urge all Committee members to pay attention to the wider remit of clause 10 and, in Northern Ireland, clause 11.
I should like to assist the Minister on two points. First, there is the question of references to the Northern Ireland Human Rights Commission. I was astounded—to put it mildly—when during a sitting last week I mentioned the NIHRC to the Minister and he was taken aback to hear that we have one at all in Northern Ireland. It is a statutory human rights organisation, not just any old human rights organisation. It was set up by the Labour Government under the Northern Ireland Act 1998. It has a statutory remit to be consulted and to advise the Government on the adequacy and protection of human rights. Its remit extends to all legislation that applies to Northern Ireland.
I again ask the Minister whether he has consulted the NIHRC. I should add, lest it be thought that I am the NIHRC's chief fan, that I do not agree with half of what it says. However, given its remit, it ill behoves the Government not to have consulted it, particularly on clause 11. I say that in the context of the fact that, long overdue, the Government have just completed their consultation period on ASBOs, which were introduced in the rest of the UK in 1997.
I am greatly worried that, under the clause, a person might be punished without a conviction for any offence, as long as their behaviour comes within the definition of harassment. The Minister has said that a restraining order can apply whenever there is criminal damage to property. Let us suppose that a judge in Northern Ireland has the option of issuing an ASBO or a restraining order. Will the Minister explain why such a provision is being drafted now and which factors will be uppermost in the mind of the judiciary in Northern Ireland? I accept that that question is hard to answer, but will he explain the guidance and the factors that a judge in Northern Ireland will take into account when deciding whether to issue an ASBO or a restraining order?
ASBOs are intended to ensure that a young person or a not so young person does not get a criminal record, but now restraining orders will be issued more frequently than ASBOs, and more people will therefore have criminal records. I need assurance from the Minister that the Northern Ireland Human Rights
Commission has been consulted. What advice did it give about clause 11? Can he reassure me that ASBOs are still worth while in Northern Ireland?