Anti-social Behaviour, Crime and Policing Bill

Lord Harris of Haringey Excerpts

Tuesday 29th October 2013 Lords Chamber

[Lord Harris of Haringey (Lab)]

My Lords, I start by declaring my interests as co-chair of the All-Party Parliamentary Group on Policing, as chair of the anti-forced marriage charity, Freedom, and as an adviser to Airwave Solutions and to Lockheed Martin.

This debate has been enlivened by the maiden speech of the noble Lord, Lord Paddick. Having twice sat on Metropolitan Police appointments panels which promoted him, and indeed having sat on a third panel which did not promote him and where he accused me of heckling him, I look forward to his future contributions in your Lordships’ House.

This Bill is a strange pot-pourri of measures. It reminds us that this coalition Government have run out of steam. And what do Governments do when they are short of legislation to make themselves look busy and purposeful? Why, they turn to the Home Office, because the Home Office can always be relied on to produce a ready-basted, oven-ready Bill, and this is the 2013 offering.

In fact, I support significant parts of the Bill—for example, the extension of the role of the IPCC, some of the new child protection measures, the creation of the new firearms offences, the extension of dangerous dogs legislation and the making of forced marriage an offence. However, it is counterintuitive to be weakening the powers to combat anti-social behaviour at the same time as 80% of the population believe that the problems have got worse in the past year. No doubt the Minister will explain that to us.

However, what is missing is the context. Overall, crime has declined in the past 15 years or so. The trend in burglary is particularly marked and has been remarkably consistent. However, the significant change in the past couple of decades is that new developments—homes, both new build and refurbished, schools, play areas, hospitals, and many others—have been informed by and have adopted the principles of Secured By Design. Indeed, this morning I spent an hour and a half looking at some of the homes that have been built on the new Olympic park site. They have all been built using Secured by Design principles.

Since its inception under the auspices of the Association of Chief Police Officers in 1989, Secured by Design has achieved a great deal. Secured by Design developments—those using the products and materials that it has approved—are half as likely to be burgled and they show a 25% reduction in criminal damage. This is at a modest cost. The additional cost of using Secured by Design standards in the average home is only £170. In one year alone, some 700,000 burglaries could be thwarted if appropriate security devices were installed, representing an annual saving of more than £1.97 billion. Indeed, the Association of British Insurers has estimated that the introduction of Secured by Design standards across the UK would bring more than £3.2 billion-worth of savings to the economy over 20 years.

This is a success story and one which I am sure the Government and the Home Office would wish to trumpet. Is it not strange then that this same Government are now seeking to undermine this success story? The Department for Communities and Local Government published—in the depths of August, typically—a consultation document seeking views on the results of the recent review of building regulations and housing standards. The proposals it is putting forward on the security of buildings suggest a two-tiered standard: a basic minimum level that could be generally required and a so-called enhanced standard.

The basic standard is demonstrably inadequate and has been shown to have little security benefit. Frankly, there is little point in specifying stronger locks. They are not much of a deterrent if the door in which they are located may be so flimsy that it can be kicked in with one firm kick. Even the enhanced standard would be lower than the existing Secured by Design standards, and they could be required by a local authority only where what is described as a “compelling” case existed for the higher standard to be applied in the case of an individual development. To make this compelling case, a local authority will have to demonstrate that the development will be subject to an “elevated” risk of burglary and that there will be a higher than normal impact of burglary on the tenants.

It goes without saying that this is a test that is almost impossible to pass in respect of a new development. What is more, the test has to be applied site by site in a way which is likely to produce confusion and added uncertainties for developers, who, when they submit a proposal, will not know whether the authority will be able to apply the enhanced standard. However, as has already been said, this enhanced standard will not be as beneficial as the existing proven Secured by Design guidelines. It will not be open to a local authority to require those proven guidelines, and to apply even the enhanced standards it will have to go through complicated processes to demonstrate the compelling case required by the DCLG, with all the implicit threats of legal action that that entails.

This is the antithesis of localism. I may need to be corrected on this but I believe that it is a policy of this Government that localism is a good thing. But this is saying that local authorities shall not apply these higher standards that have been drawn up and are proven to work. Surely it should be for local people through their locally-elected councillors to decide what level of security is appropriate for their own neighbourhoods. Instead, those same local people are being forced to accept a centrally driven dumbing- down of standards, which puts their communities and individual householders at risk.

This is all being put forward as a simplification of the planning process and that somehow these Secured by Design standards, which on average cost £170 per dwelling, have been the cause of stalled developments. What world are DCLG Ministers and officials living in? Have any of them had to live in an area blighted by excessive crime facilitated by poor design and inadequate security standards? Local authorities should be able to choose the level of security standards that they consider appropriate for the communities that they represent. What is the problem that Ministers think they are going to solve by preventing that local democratic discretion? What is more, we can only assume that no consideration has been given by the Government to the consequences down the line. This change, which will curtail police influence on planning for secure facilities, is dangerous and short-sighted.

What it risks is that the progress that has been made over the past two decades in designing out crime, reducing burglary and making anti-social behaviour harder will be put into reverse. What it risks is adding to the costs of the criminal justice system. If we throw away the advantage that designing out crime has given us, how will our communities cope in the future with a diminished police force and neighbourhood policing being no more than a distant memory while the threat of crime rises again? Who benefits from this short-sighted policy? The only people who will benefit are the developers who will see an increase in their profits. Yet again we see a Government who neglect the many in favour of the privileged few.

What representations did the Home Office make about these ill thought out proposals? Is the Home Secretary powerless in stopping her Cabinet colleague, the Secretary of State for Communities and Local Government, discarding 20 years of progress in reducing crime? May we perhaps have an assurance that, even at this late stage, Mr Pickles will be reined back? If we do not get some progress on this there is frankly no point in having this Bill, worthy though some elements of it may be. We might as well acknowledge that this Government are prepared to give up the fight against crime, solely to placate a handful of privileged developers.

Unless we get some serious assurances from the Minister on these points, this Bill will be rendered an irrelevance. We might as well pack up now. Unless we get some assurances tonight, I for one am not prepared to support this Bill receiving its Second Reading and will be not content.

--- Later in debate ---

[Lord Taylor of Holbeach]

My Lords, this has been a wide debate, which is not surprising given the content of the Bill. It is a testament to the House that we have been able to hear, from the direct experience and judgment of its Members, interesting and useful observations on the Bill. I hope this will help us in our scrutiny of it as it goes through the House. I thank all noble Lords who have contributed. As I say, it has been a good debate. I was particularly pleased to hear the maiden speech of my noble friend Lord Paddick. He brought to it a touch of humour, good grace and a wealth of knowledge from 30 years in policing. When we come to Part 11 of the Bill, I look forward to hearing of his experience and knowledge in that area.

The evidence from today’s debate is that there is widespread support for a number of the measures in the Bill. Indeed, the noble Lord, Lord Rosser, identified a number of areas where the Benches opposite are happy with the proposals, which is a helpful start. These include the measures to tackle illegal firearms and forced marriages; the extension of the Dangerous Dogs Act to cover dog attacks that take place on private property; and the measures to strengthen the IPCC and to reinforce the College of Policing in professionalising the police.

As is to be expected, we also heard some concerns around the House about certain aspects of the Bill, in particular the test for the new injunction under Part 1. There were also some learned criticisms of the test for determining eligibility for compensation for miscarriages of justice. In the time available I shall do my best to cover the points made. Where I am unable to do so, I undertake to write to noble Lords on the points they raised during the debate.

Let me start with the beginning of the Bill, which generated the greatest oratory. I have a list of Peers who spoke about the IPNA test—I will not recite it—and I thank all noble Lords for raising their concerns. My job as Minister is to reassure noble Lords and I will seek to do so as we take the Bill through Committee.

The nuisance and annoyance test is based on the current statutory test, which has worked well in the housing sector since 1996. It is readily understood by the courts and it will allow agencies to act quickly to protect victims and communities from more serious harm developing. This test was reaffirmed by the previous Government in the ASB legislation passed in 2003. So it is not a new test.

In considering an application for an injunction, the court must have regard to the principles of proportionality, or fairness, in deciding whether it is just and convenient to grant the injunction. There is a judicial test against which the injunction is granted. As my noble friend Lady Newlove said, we must not lose sight of the needs of victims of anti-social behaviour. I wholeheartedly agree, and this view has been widely expressed by noble Lords around the House. The test for the injunction will ensure that swift action can be taken if it is needed.

A number of noble Lords—including the right reverend Prelate the Bishop of Lichfield, the noble Baroness, Lady Stern, the noble Lord, Lord Ramsbotham, and my noble friend Lady Linklater—mentioned their concern about the impact of the new injunction on young people. I share their desire not to criminalise young people at an early age. We are keen that professionals have the discretion to use informal measures such as restorative justice or acceptable behaviour contracts where they are appropriate for the victim and the community. I believe that such measures will be appropriate for many young people, and our draft guidance makes this clear. Normally a Minister stands here trying to persuade the House to accept that draft guidance is coming, usually saying that it will be here shortly or after the passage of time. However, we actually have the draft guidance and I will make sure that all noble Lords who have spoken in this debate get a copy of it. I think that in some ways it will assuage some anxieties that noble Lords have expressed. With the guidance in place, I believe it will assuage some of those fears.

The professionals and the courts also need to have the necessary powers to protect victims from the small minority of young people who persistently behave anti-socially. Where an injunction is appropriate, it is right that strong sanctions should be available if it is breached. However, unlike the ASBO, these will not result in a criminal record. I am sure that will be seen as a welcome step by the House.

I hope that the noble Lord, Lord Harris of Haringey, will forgive me if I do not give him a detailed response to the point that he made. I have full details here but time is short. I will write to him on the issue that he raised about the Secured by Design measures and the consultation that is going on at the moment.

[Lord Harris of Haringey]

My Lords, I am grateful to the Minister. I do not wish to detain the House. I appreciate that, because of the mismanagement of the day, we are very late. Can the Minister just enlighten us as to whether the Home Office made representations that this was indeed a crazy thing for the Department for Communities and Local Government to be doing?

[Lord Taylor of Holbeach]

The Home Office works closely with the Department for Communities and Local Government. It is fair to say that we are engaged, as we are on all measures, in discussing every aspect of government where we share interests in common. I do not want to go into detail on the Floor of the House, but I certainly will write to the noble Lord in this regard.

A number of views were expressed about eviction. Some noble Lords, including the noble Lord, Lord Beecham, and my noble friends Lady Hamwee and Lord Faulks, expressed concern about the strength of the powers to evict persons convicted of a related offence. As we saw in 2011, those who riot and trash communities can take away people’s livelihoods and homes. Although the law currently enables the landlord to seek to evict those who riot in the locality of their home, it does not capture the sort of riot tourism that we saw in 2011. The Bill puts that right. It will allow for landlords to apply to evict tenants where they or members of the household have been convicted of an offence at the scene of a riot anywhere in the United Kingdom where the behaviour takes place. That unashamedly sends out a strong message that rioting will not be tolerated and may carry housing consequences wherever it occurs.

However, I reassure noble Lords that we expect landlords to seek to evict in those circumstances only exceptionally and, where they do, important safeguards will be in place. In particular, the court needs to be satisfied on a case-by-case basis that it is reasonable to grant possession. The impact on the whole household and any young children is likely to be a relevant factor. Existing eviction powers make it clear that tenants are responsible for the anti-social behaviour of members of their household. This provision follows that well established principle.

The noble Lord, Lord Trees, my noble friend Lord Redesdale and the noble Baroness, Lady Gale, gave us the benefit of their views on the dog measures in the Bill. I believe that the provisions in the Bill will assist front-line professionals in tackling dangerous dogs, not only once an attack has occurred but to prevent such attacks. There have been calls for dog control notices today, echoing those from animal welfare organisations. The rather bright tie that I am wearing is a Dogs Trust tie; I thought that it would be appropriate to wear it today. The work of such organisations is vital to improve responsible dog ownership through education and providing support for those unable to look after their pets.

However, I do not agree that a bespoke dog control notice is needed. The Bill contains a number of anti-social behaviour powers which can be used in exactly the same way as a dog control notice. The community protection notice, for example, can be used to require a dog owner to have their dog neutered, to keep it muzzled, to keep it on a lead in a public place and to attend dog training classes. The draft practitioners’ manual explains that comprehensively. To provide for another class of notice that does exactly the same thing as existing provisions in the Bill would undermine one of our key objectives, welcomed by practitioners, which is to streamline the existing, complex mix of overlapping powers.

It was helpful to hear from my noble friends Lord Dholakia and Lord Hussain and the noble Baroness, Lady Thornton, about forced marriage. We know that the introduction of legislation is not of itself enough. The Government’s Forced Marriage Unit provides direct assistance to victims. It also undertakes a full programme of outreach activities to front-line practitioners and communities to ensure that people working with victims are fully informed as to how to approach such cases. Overseas, the unit also provides consular assistance for victims to secure their return to the UK, but I look forward to debating that at later stages in the Bill’s progress.

The noble Baroness, Lady Thornton, also raised the clauses dealing with sexual harm prevention orders and sexual risk orders, generally welcoming them. I will write to her on the impact of those orders in the way that she described.

Concern was expressed about PCCs commissioning victim services and whether that would lead to some services not being delivered as they have been. My noble friend Lord Dholakia mentioned that, and the noble Baroness, Lady Stern, was concerned about the impact on rape counselling. Although it makes sense for support for victims of such crimes, which have high impact but are low in volume, such as homicide, rape and human trafficking, to be commissioned centrally, the majority of victim services are best commissioned locally. That is how this issue will be divided. Police and crime commissioners are best placed to decide on the sort of issues that are needed within their communities. Major crimes will still be addressed through national funding.

PCCs will be able to respond to local needs and ensure the best use of funding. In his evidence to the House of Commons Public Bill Committee Adam Pemberton, assistant chief executive of Victim Support, agreed that the move to local commissioning of victims’ services provided an opportunity for better integration of local services in support of victims. We agree. That is why we are legislating to ensure that PCCs have clear powers. I welcome the support of my noble friend Lady Newlove for these provisions.

There has been widespread support for the Police Remuneration Review Body. It is good to hear from the noble Lords, Lord Condon and Lord Dear. Indeed, my noble friend Lady Harris of Richmond referred to the new policies for determining police pay. The Police Remuneration Review Body will deliver pay and conditions that are fair not only for police officers but for the public as well. The move to an independent evidence-based method of determining police pay and conditions is the right way forward. The current negotiating system is time-consuming, inefficient and adversarial. I can, however, assure my noble friend Lady Harris that police officers will continue to have a voice in determining their pay, as their representatives will have the opportunity to inform the annual remit letter, which will be provided by the Home Secretary and sets out issues for the body’s consideration. They will also present evidence to the new body in the same way as any other interested parties along with the Government and police and crime commissioners.

My noble friend Lady Harris asked about the applications of these provisions to Northern Ireland. Policing, as noble Lords will know, is a devolved matter in Northern Ireland. This provision was introduced with the full support of the Minister of Justice for Northern Ireland. However, this is an important change for Northern Ireland. The Department of Justice has consulted policing organisations, including representatives of police officers in Northern Ireland—those who, between them, are responsible for maintaining the police service in Northern Ireland—to ensure that they have a full opportunity to feed in their views. The Minister of Justice for Northern Ireland is considering those views and will respond in due course. I might say, while we are talking about police matters, that I greatly valued the observations of my noble friend Lord Wasserman.

A number of noble Lords, including my noble friends, Lady Berridge, Lord Faulks, Lord Dholakia, Lord Avebury, and the noble Baroness, Lady Kennedy, referred to the changes we are making to the powers in Schedule 7 to the Terrorism Act. I welcome the conclusion of the Joint Committee on Human Rights that,

“the Government has clearly made out a case for a without suspicion power to stop, question and search travellers at ports and airports”.

I also welcome the committee’s support for the amendments to the Schedule 7 powers we have made in the Bill. These are important changes, including a reduction in the maximum period of detention by a third.

The difference between the Government and the Joint Committee is whether the changes in the Bill to Schedule 7 go far enough. In particular, there are some who would continue to argue that the provisions in Schedule 7 are disproportionate and at odds with the convention rights and that these modifications are insufficient to cure that. Given the continuing threat we face from terrorism, the Government profoundly disagree. This is not simply the view of the Government, the police and the intelligence agencies. I refer the House to the judgment of the High Court in proceedings brought by an individual examined under Schedule 7 earlier this year. In that judgment, the court said that,

“we have concluded that the Schedule 7 powers of examination survive the challenges advanced before us. In short, the balance struck between individual rights and the public interest in protection against terrorism does not violate the fundamental human rights in question”.

I hope that noble Lords will agree with that as we debate this issue. I should add that it is our aim to respond to the JCHR’s report before we enter Committee.