Clause 17
Serious Crime Bill [Lords]
10:45 am
James Brokenshire (Shadow Minister (Police Reform), Home Affairs; Hornchurch, Conservative)
I support the comments made by my right hon. and learned Friend on the duration of the orders. As he rightly points out, clause 17(2) provides for an order to run for five years. We should consider whether such a period is proportionate or appropriate in the context of any other criminal law action that might be considered in relation to the circumstances to which the order is subject, and of any uncertainties that might arise.
I note that clause 18 deals with the variation of orders, and in some ways there is an interrelationship between the two provisions. However, it is relevant to consider whether the five-year term currently envisaged is appropriate, given that the potential impact of what may be required would clearly be significant. I think, for instance, of the sorts of provisions contained in control orders; I know that in previous discussions and debates the question was raised as to whether control orders were relevant and appropriate, given the context of orders made under the Bill. A parallel can be drawn between those and control orders and orders for antisocial behaviour, but we want to know in what context it applies to the orders in the Bill.
Certainly all of the 18 control orders that have been issued so far required that the people concerned should reside at a specific residence, and permit entry to police officers and persons authorised by the Secretary of State. Sixteen of those subjected to control orders had to surrender their travel documents and more than half of them had to wear an electronic monitoring tag and had to report each day to the monitoring company; they were subject to restrictions on communications, could not maintain or use more than one bank account and had to provide the Home Office with details of their employment.
In the context of the need to protect the public, I understand the desire to be able to impose such conditions, albeit we have serious concerns about the effectiveness of control orders, given the number that have been breached. However, that is the subject of a separate debate.