Violent Crime Reduction Bill

If the hon. Gentleman looks at the Bill, he will see that clause 1(2) states:"““Such an order may impose any prohibition on the subject which is necessary for the purpose of protecting other persons from criminal or disorderly conduct by the subject while he is under the influence of alcohol.””" ““Any prohibition”” may therefore be imposed by the court. Clause 1(3) lists the mandatory requirements of such a prohibition. A supermarket prohibition could therefore be made under clause 1(2), but not under clause 1(3)(a) or (b). Under amendment No. 28 the hon. Member for Hornsey and Wood Green seeks to reintroduce an earlier amendment that required the court to receive a report on the subject’s mental and physical health and substance addictions. We had a long discussion about that Committee, and I accept that the hon. Lady has changed ““must”” in her earlier amendment to ““may””. However, local authorities already have a duty under the National Health Service and Community Care Act 1990 to assess anyone who may be in need of community care services. If there is any evidence to suggest that someone is suffering from a syndrome or problem that prevents them from understanding the order social services authorities must make sure that they are subject to an assessment, which should run alongside the collection of evidence and an application for an order. I do not want inordinate delay and a bureaucratic system. Drinking banning orders, as we have discussed, are meant to be a short, sharp shock. They enable the court to deal proactively with someone accused of committing an offence under the influence of alcohol. If we include a panoply of provisions to cover the handful of such cases the courts will be inhibited from using the power to protect the decent, law-abiding majority. We must be aware of vulnerable individuals, but we must not predicate all our legislation on one or two specific cases; otherwise we will undermine its very purpose.