Antisocial Behaviour Framework

Part of the debate – in the Scottish Parliament at 4:36 pm on 16 December 2010.

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Photo of Bill Aitken Bill Aitken Conservative 4:36, 16 December 2010

This has been an interesting debate with, predictably, some interesting speeches. Antisocial behaviour is a serious issue that may come in many forms. It may be simply a noisy party such as most of us have been to in our time, which most of us would regard as an irritant, but it can be constant disorder, sometimes conducted on a group basis, that blights the lives of many people, especially in our inner cities.

The perpetrators come from all groups, from the tiny terrors who vandalise property to the teenagers who indulge in gang fights and those who are old enough to know better who play loud music at all hours of the day and night. Nevertheless, the minister and Mike Pringle—I always remember his name—did the right thing in underlining the fact that the vast majority of youngsters are not in the least problematical, are highly agreeable and are positive contributors to our society.

Harsh words may follow, but I think that the Government is entitled to claim some credit for the way in which the diversionary schemes that have been brought into play, sometimes using the drugs money that has been seized from those who cause so much damage in communities, have greatly benefited society and contributed to a reduction in antisocial behaviour. Kids have a lot of energy and, as my old granny used to say, the devil will find mischief for idle hands to do. It is amazing what a couple of portable goalposts on a bit of spare ground away from everyone can do to use up that energy in a reasonably constructive way.

There can also be no doubt that the Government is due credit, to some extent, for ensuring that there are 1,000 additional police officers on the streets. Its arm was forced firmly up its back by the Conservatives three years ago, but it produced those additional police officers and is entitled to limited credit for that. We have seen the positive impact of that policy everywhere. The fact that there are communities in Scotland—particularly in my city, Glasgow, as other members will acknowledge—where we are seeing police officers in areas where police officers have not actively patrolled for years has had a very positive impact.

I am particularly pleased to see my old mucker Stewart Stevenson back here in action. He quoted Édith Piaf but, rather than "Non, je ne regrette rien", the words of Frank Sinatra might be more apposite in his case. Regrets? He certainly has a few. Nevertheless, his speech this afternoon was very able and elegant, and I look forward to crossing swords with him frequently, as I did in the past.

Let us examine the problems with the 2004 act. First, ASBOs are a toothless tiger. It is sometimes not realised in the Parliament that the law of Scotland is very wide and that the common law of Scotland is there to be utilised in its widest form. If an individual is subject to an antisocial behaviour order, that person can be charged with a common- law breach of the peace and dealt with by the courts. The unnecessary hassle and bureaucracy that are required in order to achieve one of these orders are a negative aspect of the process, and I can quite understand why local authorities have been reluctant to use that tool.