Schedule 17
Criminal Justice and Immigration Bill
7:35 pm
Harry Cohen (Leyton and Wanstead, Labour)
My amendments relate to the power of closure orders. Amendment No. 329, which is the key amendment, refers to vulnerable people and their families who might be a nuisance and could therefore be subject to a closure order.
Closure orders combined with antisocial behaviour orders have been very successful. They provide the power to close premises for three months and, in exceptional circumstances, for six months. They have been appropriate, particularly for premises in which there have been drug problems, although sometimes premises can be closed for too long, and they blight the rest of the neighbourhood. However, the orders have solved problems and they are popular. The Minister was right to say that orders such as ASBOs and closure orders are popular when a nuisance has been caused.
However, there are problems relating to the orders. One is the issue of vulnerable people; the other is what Liberty calls “cuckooing”, which means displacement. That is an unfortunate consequence. Once premises are closed down, people who are the subject of the order may then target very vulnerable people and move into their premises. On one level, the Government or the police authorities need to deal with that problem and be alert to the danger of cuckooing, which is the unfortunate consequence of a closure order.
The orders also provide powers to close premises for activities that are not unlawful. For example, lots of people coming in and out of premises might not necessarily be a sign that antisocial behaviour is going on. It might be that lots of parties are going on. I agree that they are a nuisance, but in themselves they are not necessarily unlawful. In a sense, that is a precedent that needs to be considered.
The only other point that I want to make is that when the original consultation came out, it included very strong safeguards. I will not take up the time of the Committee and read the whole report, but it mentioned putting in robust guidelines for the consideration and operation of the closure process, such as considering whether closure is the most appropriate course of action and addressing the needs of vulnerable people in the household, including children and young people. There was quite a detailed statement in relation to the original consultation, which is not reflected in the Bill. That is the point that I am most concerned about.
Vulnerable people are potentially involved—they are not necessarily the ones causing the nuisance, but may be relatives or others who live in the house. They could all be thrown out and made homeless. My amendment says that there should be provision to look after them and, if necessary, the local authority should provide alternative accommodation for vulnerable people.