Clause 1 - Drinking banning orders
Violent Crime Reduction Bill
9:30 am

John Thurso (Shadow Secretary of State for Scotland (And Transport), Scotland; Caithness, Sutherland and Easter Ross, Liberal Democrat)
May I say at the outset what a pleasure it is to serve again under your chairmanship, Mr. Forth?
I declare a general interest to the Committee. [Interruption.] I shall leave the firearms bit until later. My general interest relates to alcohol. I have held a licence and am still involved with a number of bodies in the licensing trade. The Minister has had correspondence from the British Hospitality Association and others. I shall be raising that later, but I should like the Committee to know about my background.
I support the amendment tabled by my hon. Friend the Member for Hornsey and Wood Green. I was grateful to hear the words of the hon. Member for Woking about the amendments, and the general tone with which he welcomed it. I appreciate his suggestion that “may” may be more appropriate. The critical issue concerns vulnerable people, and I hope that the Government will take it on. I do not for a moment suspect that, with the limited means available to us, we have got the amendment right, but I hope that the Government will consider it.
I do not want to get into a long and sterile, if wonderfully parliamentary, debate about “may”, “shall” and so on, but my concern is that if “may” applies, “may not” also applies. The problem is that the court “may not” and the whole point of what we are seeking to do might be lost, although I agree with the hon. Gentleman that placing an obligation of yet more paperwork, when it is clear that the person being dealt with is absolutely fine, needs to be considered.
Almost my first engagement shortly after I was elected to this place was with a mental health charity in Sutherland. I have been consistently and constantly surprised at the degree of mental health problems in our society and the number of people who suffer. That touches almost every family in the country and I have personal experience of such problems. One member of my family was alcoholic but has now recovered and an in-law member of the family suffers from Tourette’s, which is an extraordinary syndrome. It is interesting to note that the disability discrimination legislation applies to Tourette’s, but none of us has found a way of implementing it.
When it comes to matters of criminal justice, we must separate people who set out with criminal intent and should be punished from those who suffer from a condition. My hon. Friend’s amendment, if not perfectly worded, certainly raises an important issue, and I hope that the Minister will consider it.
