We come now to one of the Bill’s main purposes, which is to tackle alcohol-related disorder. I should say at the start of my remarks that I hope to divide the House on new clause 1 if the Minister does not accept it. I have some hope that the Minister will accept it, based on her comment a few minutes ago that my amendment No. 22 was one that she was inclined to accept in due course. In my many years in this House only extremely rarely have the Government accepted anything that I have said—perhaps it is a fault in my arguments. However, it is terribly encouraging to start the debate this afternoon with the Minister saying that she approves of what I have said so far in relation to one amendment.
I shall explain new clause 1 and speak to Conservative amendments Nos. 1 to 4, 13, 5, 6 and 14, then say a word or two about Liberal Democrat amendment No. 28. New clause 1 is simple: it would amend the Crime and Disorder Act 1998 to enable an antisocial behaviour order made under that Act to be made for a minimum period of three months, rather than two years, as now. Linked with the new clause is amendment No. 1, which would omit clauses 1 to 11.
I make two general propositions in this, the most important debate of the day. The first is that although alcohol-related disorder on our streets is a major problem—not ameliorated by the Government’s plans to introduce extended drinking hours, which many people including the police regard as a retrograde step—and one that is getting worse by the day, not enough is being done to address it. The second general proposition is that the existing law is entirely satisfactory when it comes to dealing with alcohol-related disorder. That general theme lies behind new clause 1, which seeks to alter the period of time for which an antisocial behaviour order must be made.
When we discussed antisocial behaviour orders in Standing Committee—I think that it was at the first sitting on 13 October—my hon. Friend the Member for Hertford and Stortford (Mr. Prisk) asked the Minister to reflect on the fact that using existing law is often better than creating new laws. Our general proposition was not only that an antisocial behaviour order can do exactly what a drinking banning order purports to do, but that it can do more and that it may be effective. If that is right—we thought that it was and still think that it is—why give the police yet another power in relation to drink?
The Minister seemed to indicate in Committee that antisocial behaviour orders are not applicable to the kind of activity—alcohol-related disorder—covered by the Bill, and when we asked her why, she pointed out two differences. First, she said that an antisocial behaviour order can be imposed on anyone from the age of 10 upwards, whereas a drinking banning order can be imposed only on over-16s. That is not an argument, however, because if we were to use antisocial behaviour orders in drink-banning situations, we would have a wider, better, less-limited power. I illustrate that point by saying that a lot of under-age drinking involves not 16 to 18-year-olds, but 14 and 15-year-olds, so the Minister’s argument fails.
The Minister’s second point against the use of antisocial behaviour orders was that under current law—the Crime and Disorder Act 1998—the minimum period for an antisocial behaviour order is two years, whereas for a drinking banning order it is two months. That is a statement of the law, but we can cover the point by simply amending the 1998 Act to enable an antisocial behaviour order to be made for a more flexible period of time, which is the result that new clause 1 attempts to achieve.
Earlier, I advanced the proposition that the existing law on alcohol-related disorder in our towns and cities is voluminous.
Violent Crime Reduction Bill
Proceeding contribution from
Humfrey Malins
(Conservative)
in the House of Commons on Monday, 14 November 2005.
It occurred during Debate on bills on Violent Crime Reduction Bill 2005-06.
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