Clause 60 — Extent

Anti-social Behaviour Bill – in the House of Commons at 7:15 pm on 24 June 2003.

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Amendment made: No. 78, in page 43, line 33, after '7' insert

'and sections (Power to remove trespassers: alternative site available) to (Public assemblies)'—[Mr. Heppell.]

Order for Third Reading read.

Photo of David Blunkett David Blunkett The Secretary of State for the Home Department 7:18, 24 June 2003

I beg to move, That the Bill be now read the Third time.

I want to thank not only my hon. Friends on the front bench for their sterling efforts today, but my hon. Friend Mr. Ainsworth and his colleagues who saw the Bill through Committee. I commend Members of all parties who served on the Committee for the extremely vigorous way in which the Bill was dealt with, especially by my own Back-Benchers who think that I am not going far enough. I should like them to write an article in The Independent newspaper explaining why I am not tough and courageous enough in dealing with these issues, which would undoubtedly change my image enormously overnight with its readers. I shall be brief, as I realise that the Third Reading debate is truncated owing to the very serious statement that has to be made afterwards, and I want other hon. Members to be able to take part.

The truth of the Bill is that we can give people the powers to do the job—whether in housing, environmental health, the police service or local government more broadly—and we can encourage the local community to take up the issues and to be part of the solution, but unless the people who have the power at their disposal are prepared to use it, and unless the magistrates and district judges are prepared to enforce it, all of us in Committee and on the Floor of the House will have wasted our time.

Photo of Frank Field Frank Field Labour, Birkenhead

The Bill, like similar legislation that my right hon. Friend has introduced, is crucial in dealing with the most fundamental changes occurring in our society. Does he agree that, while we can legislate, we need to see the measures enacted locally? I hope that, when the Bill goes to the Lords, my proposal for a pilot scheme for electing community prosecution officers will be seriously considered.

Photo of David Blunkett David Blunkett The Secretary of State for the Home Department

I knew that my right hon. Friend would get that in. It is a very interesting idea. In regard to the pamphlet that I published a couple of weeks ago and the discussions that I have been having with the Attorney-General, it will undoubtedly feature in terms of how we lift the profile of prosecution and, above all, how we ensure that the voice of the community—not a vicious, reactionary, mob-rule voice—is heard on behalf of the victim and of those who face the scourge of antisocial behaviour.

I appeal to magistrates to ensure that breaches of orders or of bail, and sheer antisocial actions within the courts, are dealt with decisively. There are so many examples now of action being taken. In the past, quite lengthy bureaucracy has been struggled through, local residents have patiently kept diaries and appealed to housing authorities to be decisive and to send the right signals to ensure that the message got across, yet when the case was brought, the defendant was patted on the head as though they were on a Sunday school outing. I am not talking about first-time offenders here. Of course we are all in favour of rehabilitation and restitution, and of ensuring that we give people a chance. We are in favour of preventive action and of Intervention. The diversionary schemes that were so important over the holiday period last year worked, and could work again this summer.

We are also going to send a message to the thugs and mindless vandals. We are going to send a message to those in Wrexham last night who were engaged in nothing but sheer mindless thuggery and antisocial behaviour, while trying to present a picture that they were somehow engaged in some activity to do with social cohesion. They were simply causing mayhem and disorder, and we will clamp down on them wherever and whenever such behaviour occurs. If everyone will join us—regardless of party, and without rancour or Division—in getting this right, we can change that culture. We can change society back to create more orderly, less brutal and more acceptable neighbourhoods.

The amendments that have gone through in Committee and today are a measure of improvement, whether they relate to housing and are linked to the Bill that will be taken through by my hon. Friends in the Office of the Deputy prime minister, to residential orders, to the action on graffiti, or to unauthorised encampments.

Photo of David Blunkett David Blunkett The Secretary of State for the Home Department

My goodness me! Gender before beauty—no! I meant that I shall give way to my hon. Friend Liz Blackman first.

Photo of Liz Blackman Liz Blackman Labour, Erewash

I thank my right hon. Friend for giving way. He has rightly pointed out that the Bill will not be worth the paper that it is written on unless its measures are enforced, and we all have a role to play in that. Could he just flesh out a little more what role the Government will play in that, because we have a lot to learn about the progress of antisocial behaviour orders? They are implemented in some areas of the country, but still not in others. How do we drive up the effective action of local partnerships in the areas in which these issues are not being taken seriously at the moment?

Photo of David Blunkett David Blunkett The Secretary of State for the Home Department

Significant progress has been made. I think that about 1,000 orders have now been taken out, along with the interim orders, and progress is being made rapidly. I invite Members from all parties to make contact with the new antisocial behaviour unit, which is a cross-government operation headed by the tenacious Louise Casey, who makes one or two of my friends on the Back Benches look quite mild when dealing with these matters. Members should get in touch because we will be able to provide support, help, guidance and, above all, rigour in terms of what local people need.

We are not just working with the agencies or the departments in local authorities; we are working with local neighbourhood groups such as neighbourhood watch and others. This will represent a new style for the Government. Yes, we are putting the powers in place, but we are also empowering people to be able to use them themselves. I think that that will make a difference.

The moment I mentioned encampments, my right hon. Friend Mr. Denham tried to intervene on me, and I promised to give way to him. I shall do so now.

Photo of John Denham John Denham Labour, Southampton, Itchen

I welcome my right hon. Friend's introduction into the Bill of the measures on travellers. This will raise expectations in the country, so will he take this opportunity to stress that the new clauses will require implementation by the police and clear action by the local authorities to develop temporary camp sites, to enable the powers to be usable? The public need to expect the local authorities to take such action so that these welcome measures will have the effect that people want them to have.

Photo of David Blunkett David Blunkett The Secretary of State for the Home Department

I am grateful to my right hon. Friend for making that point. He not only nurtured this issue because of his experience of it in his Constituency; he also parented the early part of the Bill with my hon. Friend the Member for Coventry, North-East. I thank him for that, and I want to ensure that the time that he spent and the work that he did will not be wasted.

I would also like to mention aggravated trespass and police conditions on assemblies, because these measures will help us enormously in dealing with the so-called animal rights activists who are vandals and terrorists in their own right. I have to say that, sadly, many of them are also engaged in criminality to fund their activities. We may disagree on some of the detail in the Bill and on whether we shall be able to enforce everything in it. What none of us disagrees on, however, is that it is necessary to take this action.

Photo of James Paice James Paice Shadow Secretary of State (Home Office) 7:26, 24 June 2003

The Home Secretary has referred to the importance of the Bill, and he is absolutely right. It seeks to address an issue that is, as became obvious throughout the proceedings of the Committee, of great concern to every one of us, whichever part of the country or political party we represent. A number of provisions in the Bill have caused concern. I, too, want to thank the former Minister, Mr. Ainsworth and, indeed, the Under-Secretary of State for Transport, Mr. McNulty, who appeared once or twice during the proceedings, for the constructive way in which they addressed the Committee's proceedings and the amendments that we had tabled.

I have been encouraged by today's results because, by my reckoning, there are at least eight separate areas in which the Government have come forward with amendments or new clauses addressing issues that we raised in Committee. The hon. Member for Coventry, North-East gesticulates; I appreciate his having taken our points seriously. Many of those amendments are almost the same, word for word, as those that I tabled in Committee. Obviously, that gives me some pleasure. It also demonstrates that the Government have listened to our arguments, and I welcome that.

I particularly want to refer to two of the issues that the Home Secretary has just mentioned. The first is the issue of travellers, to which Mr. Denham referred. We debated that at considerable length in Committee as a result of new clauses that I had tabled, and I very much welcome the two new clauses that the Government have tabled. Questions remain to be asked, however, which will need to be pursued in Another place, particularly on the issue of alternative sites. The right hon. Member for Southampton, Itchen referred to the importance of the police and local authorities playing their part in enforcing the legislation. I hope that the issue of alternative sites will not be a loophole that will mean that the whole Clause cannot be properly put into effect. We shall need to pursue that matter in another place.

The new provisions on aggravated trespass and assemblies, to which the Home Secretary also referred, are almost exactly the same, word for word, as those that I tabled in Committee, and I very much welcome them. The Home Secretary rightly condemned the so-called animal rights activists. This is not about the rights and wrongs of animal experimentation; it is about the ability of legitimate firms and their employees to go about their daily business without intimidation or threat.

I welcome the Government's agreement to those amendments, which were suggested by the Bioindustry Association. I also welcome the measures that the Government have so far taken on airguns. I remain of the view that some of the other new clauses need further attention, and we will raise those matters in the other place.

One of the themes throughout the debate in Committee, which was taken up again just now by Liz Blackman, was enforcement. The Home Secretary referred to the fact that we can pass the legislation but others have to enforce it. On Second Reading, the Opposition's view was that much of the Bill was unnecessary, as we believed that many of the powers that the Government were providing already existed in different forms, and what was necessary was that they should be properly enforced. The Government have proceeded with the Bill and have introduced these powers, some of them with the amendments that I have described.

It is absolutely clear that it does not matter how many powers are provided in legislation, unless all the forces of law and order are prepared to implement them effectively, our efforts are as nought. Although I remain of the view that some of the powers in the Bill are unnecessary, and that existing legislation, if properly enforced, could have dealt with the problems, I am extremely anxious that, having gone through this process, these powers in different sectors are properly enforced.

I rarely, as a matter of practice, refer to detailed Constituency affairs, but I want to mention a short letter received from the Crown Prosecution Service. I shall paraphrase it because I do not want the case to be identifiable. Two youths broke into school premises, and they were arrested and charged by Cambridgeshire police. The CPS has written to the head teacher of that secondary school and said that it will not prosecute those youths, because it believes that the resulting sentence is likely to be extremely light and thus would give the wrong signal to those who might commit such offences. I have written to the CPS asking what signal does it think that gives. I am happy to send the Home Secretary the text of the letter.

Obviously, it would be wrong to identify the case at the present time, but it shows the uphill task that we face. The Home Secretary describes a world in which we can restore some semblance of law and order on our streets and deal with this low level crime of antisocial behaviour. It is a world in which people feel that their community belongs to them, not to the louts. If we are to achieve that, it will require everyone's best efforts.

Despite our reservations, we believe that the Bill goes some way towards that goal. Therefore, we do not oppose it. Some provisions need to be improved, but we wish it well and, more importantly, we wish its enforcement well.

Photo of Simon Hughes Simon Hughes Liberal Democrat, North Southwark and Bermondsey 7:33, 24 June 2003

I associate myself with the tone of the contributions made by the Home Secretary and Mr. Paice. We are all charged with finding a way to reduce antisocial behaviour and to create a society in which greater respect is shown by one person for another. We may have differences about how we achieve that, but that is certainly a common objective.

I expressly share the Home Secretary's views about the events in Wrexham over the past couple of days, and I wish to associate myself with his comments on that subject. I commend the work of the police, who were confronted with an unacceptable series of events. I also commend the local elected representatives. I heard the mayor speak this morning, and he was clear that there was no justification for such lawless, unacceptable intolerance, especially as it was founded on a specious premise. That community has traditionally been happy, prosperous and settled. If it cannot, with understanding and compassion, accommodate a few people who have been accepted into the community, there is something severely wrong with the perpetrators of those crimes.

The Home Secretary and his colleagues will know that my hon. Friends and I agree with some parts of the Bill, such as part 1 dealing with crack houses. Clearly, we all sign up to those proposals, and we need to get them right. We also welcome the proposals on firearms. It is important that we get a grip of the antisocial use of firearms in both urban and rural areas.

Ministers will also appreciate that we have differences of principle. My hon. Friend Mrs. Brooke, supported by my hon. Friend Matthew Green, sought in Committee to put our amendments. They did not prevail, so we must ask ourselves whether, if we were in government, we would want the Bill on the statute book, and the answer is no, as there is still a lot to do to it. We will divide the House on Third Reading to register that view.

We are concerned about the process that takes people too quickly from demoted tenancy to losing their house. We also think that it is entirely inappropriate for teachers or school staff to serve fixed penalty notices under part 3. The argument may be made for the director of education or the senior education welfare officer to do that, but it is not a job that should be given to teachers or to the people responsible for the welfare and support of children.

Photo of John Denham John Denham Labour, Southampton, Itchen

Will the hon. Gentleman ensure that his Opposition to these measures is included in every Liberal Democrat leaflet that is given out up and down the country?

Photo of Simon Hughes Simon Hughes Liberal Democrat, North Southwark and Bermondsey

I assure the right hon. Gentleman that my colleagues and I have been clear that antisocial behaviour, properly defined, is entirely unacceptable. However, we believe that the best method to deal with that is not increased, discriminatory, authoritarian powers, but a proactive, supportive approach. There should be alternative activities for young people, and more resources, more police, more community support officers and the rest. We have been clear that we support some measures but not others.

We made clear our Opposition to the powers to disperse groups, which we believe are unnecessary. There are many powers on the statute book that can be used. Many people outside the House share our view that these powers go far too far. The objection to the fixed penalty notices in part 5 is that the pilot has not yet finished and we have not seen the evidence. There is no case yet for extending that measure, let alone extending it to teenagers and to children aged 10 upwards. It is unacceptable that those who are least likely to pay or to be able to afford to pay, and against whom the measure is least likely to be enforced, should be subject to a new fine collecting system that has not been tried and tested.

We accept some parts of the Bill, but it is entirely unacceptable that people of 16 or 17, who are adults, can go to work, pay taxes and serve their country, are not allowed to buy cans of spray paint that they can use legitimately.

We have made our position clear. We will work with the Government, despite our differences in this place. We hope that the indication from the Home Secretary, from Ministers and from Conservative Front-Bench Members will be that further work will be done on the Bill in the House of Lords. We hope that, by the time that it ends its passage in the House of Lords, it will be a much better Bill. We will work to win by argument what we have not won today by vote. We hope that the Government realise that it is the positive, proactive alternatives that reduce crime and deal with the causes of crime. That was our view at the beginning; that remains our view now. We will continue to argue that view both today and during the remaining stages of the Bill.

Question put, That the Bill be now read the Third time:—

The House divided: Ayes 419, Noes 43.

Division number 252 Anti-social Behaviour Bill — Clause 60 — Extent

Aye: 419 MPs

No: 43 MPs

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

Question accordingly agreed to.

Bill read the Third time, and passed.

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