Alan Campbell

By removing clause 27, I hope we are not sending out the message that the offence in question is not a serious matter. People should not assume that because we are not seeking to escalate the fine, this is not serious. The police have a range of powers and we work with them not only on training, but on revising existing guidance. The powers are there to be used, and we want to ensure that they work.

Hon. Members referred to prevention. They asked, why cannot we do more to prevent young people from getting into this situation in the first place? I hope the impression has not been created that not a lot is happening. We need only look at the work done as part of the youth crime action plan and the diversionary activities that the Government, through local authorities and other bodies, pay for, particularly for Friday and Saturday nights. In the more serious cases, there are family intervention projects as well. If children are regularly brought home and parents are indifferent to that, there is good cause to hold them responsible for what their children are doing.

On the ages of the young people in question, we should not forget that the police asked for the powers that we are introducing. Because they sometimes have to deal with groups of people of mixed ages, they wanted to ensure that they had the powers to deal with all of them. Some situations can be particularly difficult for them, and they have to have discretion. The position we have arrived at is the correct one.

The hon. Member for Hemel Hempstead (Mike Penning) mentioned proxy purchase. We do not agree that such a measure would not be enforceable, but addressing the problem can sometimes be disproportionately resource-intensive. The Bill does, however, make it harder to sell alcohol to young people and for them to drink in public, which is welcome.

I welcome this broad range of measures, and I hope the House will support the amendments.

Lords amendment 25 agreed to.

Lords amendments 26 to 29 agreed to.

— from debate entitled “Clause 27 — Increase in penalty for offence

The three speeches/headings immediately before

  1. 1 earlier: Paul Holmes

    The hon. Gentleman's comments bring me on to the point that I was about to make. I recommend that the Minister and his colleagues also look to take more proactive action. Let me give the example of something I witnessed when on patrol in Chesterfield with Derbyshire police this summer. On one evening, I went out in the van that undertakes what the police there call the Be Safe programme. They adopted it as an experiment for the school summer holidays, but it was so successful that they have now extended it into the autumn and intend to make it more permanent.

    We were called by some residents just before 9 o'clock at night. A group of young and obviously drunk teenagers was shouting and urinating in the street. Instead of just moving them on or taking them straight home, which is what the police would normally have done, because they were part of the Be Safe programme they took the teenagers to a Derbyshire county council youth services building, where youth workers and a police constable were in attendance. The youth workers then went through individually with each young teenager the reasons why they had been out drinking and why they deemed that to be an enjoyable way to spend an evening, and why they did not take advantage of all the alternative ways to spend their time.

    Afterwards, instead of taking the teenagers home, which is the normal police practice, they called the parents in; they insisted the parents had to come and collect their child, or else they would, effectively, have ended up in the cells overnight. Given that this was a Friday night and many parents were themselves either drinking at home or had been out to the pub to mark the end of the working week, most of them had to book a taxi to take them to collect their children. All but one of them was very indignant, not at the police for disrupting their family life, but at their children—and far more so than if the police had simply taken them home. In fact, one boy said, "Why don't you just take me home like you normally do?"

    The process that the families had to go through was far more of an inconvenience than the usual practice. The police found it so effective that they have turned it from a six-week experiment for the school holidays to, it is to be hoped, a permanent feature—they are certainly running it through the entire autumn and I witnessed it again recently on Halloween when I was out with the police again.

    Such measures are a good step, requiring the police not just to pour alcohol down a drain and move people on, but to take, and be involved in, much more proactive measures. We need to change the attitude of society and the attitude of families about what their children are doing when they are out on the streets drinking under age.

    Amendments 29, 52 to 59 and 64 to 86 address the mandatory licensing conditions for alcohol. I have two points to make on that. I made one of them in Committee in February. The Government have taken the power to impose no more than nine mandatory licence conditions on pubs. I asked at that time, why nine, rather than five, 13, 20 or whatever the appropriate figure might be? I asked how they had arrived at the figure of nine. I did not get an answer then, but I hope that now, the best part of a year later, the Minister may have been provided with an answer by his civil servants.

    I welcome amendment 29 in particular, which addresses the problem of councillors who represent a ward but who do not live in it taking part in the process as interested bodies, rather than just those in a ward who live near a pub, or, perhaps, a lap-dancing club—those were the specific examples we addressed when we discussed this matter in Committee earlier in the year. I gave a specific example from a London borough concerning a lap-dancing club—they are, of course, licensed premises. Local residents had lots of concerns and fears about the effect that the club was having on the neighbourhood, but they were scared and intimidated and would not stand up in public to raise their concerns. Their councillor was happy to speak about that, but was barred by the law from doing so because they lived just outside the boundary. It is good to see that the Government have accepted the argument we have been making and are incorporating it into the Bill in amendment 29.

  2. 2 earlier: Michael Penning

    I want to say something on behalf of those of us who have the honour and privilege of patrolling with the police, particularly on Friday and Saturday nights. I have been with them when they have patrolled certain areas in my constituency where orders have been made, and we have picked up children of this age and taken them home. In some cases, the parents were appalled and very worried for their child and thanked the police, but I hate to have to say that on many occasions the police were berated by the parents for bringing their children home. That is the issue we have to address. This legislation will not address the big problem, which is parenthood, not policing.

  3. 3 earlier: Paul Holmes

    The right hon. Member for Leicester, East (Keith Vaz), the Chairman of the Home Affairs Committee, observed that it was good to see constructive engagement between Government and Opposition. Over the past year I have probably seen more give and take, with the Government listening to suggestions and adopting them, than I have seen in the case of most other Bills with which I have been involved during my eight years in the House. Inevitably, many of our proposals in Committee last February were turned down, but, as is so often the case, were then accepted in the other place. There has been more acceptance of Opposition points made today during what has been a constructive debate, despite the interventions of the right hon. Member for Rotherham (Mr. MacShane), who, unfortunately, is no longer present.

    Lords amendment 25 will remove the provision that increases the maximum fine for drinking in a public place from £500 to £2,500. As a number of hon. Members have pointed out, and as I pointed out in Committee in February, that is fairly pointless. Given that the maximum £500 penalty has never been imposed, what is the point of increasing it by 500 per cent.? Making criminal policy by means of macho newspaper headlines is rather counter-productive. It was a welcome step forward that the Government accepted that and dropped the proposal.

    Amendments 26 and 27 deal with under-16s found drinking in a public place. Initially, the legislation said that they could be dispersed. It is good that the Government accept the amendments, which say that in such circumstances a police constable should not just disperse children under 16, but should look to take them to their residence or some other place of safety.

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