Violent Crime Reduction Bill

: I shall speak to amendments Nos. 28 and 30 and comment on other amendments in the group. With the permission of the House, Mr. Deputy Speaker, I shall probably put amendment No. 28 to a vote at the appropriate time. Amendment No. 28 is an attempt to ensure that a drinking banning order is not applied inappropriately—a point that, to some extent, we discussed in Committee. There are cases where an individual, through a number of conditions, is rendered incapable not just of complying with an order, but of understanding it. In such cases, a person may suffer from substance addiction, including alcohol dependency, or have a mental condition such as Asperger’s syndrome or Tourette’s syndrome. The amendment that we tabled in Committee stated that a court ““must”” have a report on each individual who appears before it. The Minister argued that the paperwork involved would create too heavy a bureaucracy and delays would occur. She said that drinking banning orders were meant to be a quick and effective punishment without being as cumbersome or severe as antisocial behaviour orders, which carry a much longer and more severe penalty. As suggested by the hon. Member for Woking (Mr. Malins) in Committee, the amendment now says that courts ““may”” ask for a medical report so that they can be satisfied that the individual can understand and comply with a drinking banning order. I was persuaded by the Minister’s argument about bureaucracy, and she offered to include in the guidance the need to consider asking for a medical report. On reflection, however, I decided that simply to place it in guidance is not enough of a safeguard for an individual who is thus incapacitated. I have modified the amendment to put the measure on the face of the Bill to ensure that all courts and advocates refer to it and recognise its relevance. Guidance for mental health problems is used to support antisocial behaviour order legislation, but it has not worked. One does not have to look far to find examples of ASBOs being served inappropriately. The British Institute for Brain Injured Children provided me with many examples, one of which in particular stuck in my mind. A 14-year-old boy was given an ASBO that included a curfew. He had to stick to it, but he had a mental age below that of a seven-year-old and could not tell the time. The boy and his family needed help to deal with their problems, and an ASBO was inappropriate in enabling them to receive guidance and support. With the amendment changed to ““may”” instead of ““must””—I hope that the Minister is in a good mood—the judiciary would be able to avoid using a drinking banning order inappropriately while ensuring that the process was still quick. A doctor or GP should also be able to give their opinion to a court to speed that process further. If drinking banning orders are to work in the way envisaged by the Government, they should be swift procedures, more akin to parents grounding their naughty children. It should be a short punishment that is not meant to last a lifetime but to shock them into the error of their ways. We need to be sure that the vulnerable are adequately and properly protected. Amendment No. 30 returns to the issue of publicising individuals who are subject to a drinking banning order. The Government want to disapply the blanket ban on the publication of names and photographs of defendants under 18. We think that that contravenes the United Nations convention on the rights of the child. That is applied to the criminal law, and we are considering the civil law, but such publication would break with the spirit of the convention. We want to protect young people. I was surprised by the Minister’s view in Committee that it was appropriate to put photos and names in the press. She argued that if I wanted the measure enforced, I should be happy with that, because the more publicity that names and faces received, the more likely it would be that the individual would be recognised going into an area where he should not be. However, it would be far more appropriate to give that information to interested parties, such as licensees, local authorities and police, rather than pillorying those people in the press.