Clause 6
Serious Crime Bill [Lords]
2:15 pm
Nick Herbert (Shadow Minister (Police Reform), Home Affairs; Arundel and South Downs, Conservative)
I do not accept that argument inthe first place and it cannot be used to justify a non-exhaustive list. If that was the case, why have a list at all, other than to indicate the kind of measures that could be made? Following the logic of the Minister’s argument, why not make the legislation the same asin ASBOs, which have a test of necessity? Under section 1 (6) of the Crime and Disorder Act 1998, the requirement for the issuing of ASBOs says:
“The prohibitions that may be imposed by an anti-social behaviour order are those necessary for the purpose of protecting from further anti-social acts by the defendant”
There is no list—exhaustive or otherwise—of the kind of prohibitions that may be made. We are well aware of the creativity of the courts in the operation of ASBOs over the past two years. That may be acceptable for ASBOs, which are much lower level remedies, but in our judgment it would not be acceptable for these orders which can impose punitive restrictions.
Simply describing these measures as serious crime prevention orders does not necessarily mean they will operate as prevention orders, because the kinds of measures included in here are punitive. That is why it is necessary to define much more carefully what kindof measures could be made. The Government have already conceded that its initial attempt in this legislation to set up the possible range of measures was far too broad. They conceded an amendment tabled by the official Opposition in the Lords in relation to the discretion of law enforcement officers in this manner. But the fact that these are only examples means that there could be almost any other similar restrictions placed upon us. That gives rise to too much uncertainty.
This legislation is not specific or clear enough. The example of control orders and a control order regime, the collapse of the various restrictions that have been placed upon people, the testing of those restrictionsin court, the fact that the control orders have been breached—none of these things have given us confidence in the potential for successful operation of these restrictions and certainly not that the civil liberties of the people concerned will be properly safeguarded.