Briefly, five years was chosen—an increase from the three years in the previous provisions—because, as the shadow Minister said, the order is supervised by a court. That duration is a maximum, rather than a target. Courts are very well used to dealing with maximum durations, particularly in the context of sentencing. For example, the prison sentences handed down are often a great deal shorter than the maximum set out. As a matter of evidence and practice, courts often go a long way below the maximum—although we in Parliament might wish they went closer to the maximum in some cases. The duration is set at five years because courts have discretion and are used to working with maximum durations; but the court does have to look at all the relevant information and evidence before deciding.

Finally, in relation to the positive requirements imposed, we have offered further safeguards, in that nuisance begging prevention orders can be varied or discharged, should circumstances change during the period. I hope the shadow Minister accepts that giving a court that flexibility is reasonable. We do it the whole time with criminal sentencing, and there is evidence that courts use that power with a great deal of restraint sometimes. I hope that explains the Government’s thinking on the issue.