Violent Crime Reduction Bill

As I explained earlier, Clause 1 introduces a new civil order, a drinking banning order, which is available to protect persons and their property from criminal or disorderly conduct by an individual while he or she is under the influence of alcohol. A drinking banning order could impose any prohibition on an individual that a court considers necessary to protect others against such conduct. That includes prohibitions with regard to an individual entering premises that sell alcohol and club premises that can supply alcohol to members and guests. Amendment No. 6 seeks to stipulate two situations in which a drinking banning order could not impose prohibitions on an individual. As the noble Lord explained, the first is that no prohibition should prevent a subject having access to or contact with members of their family, whether under the terms of a court order or under the terms of an agreement with his partner. The second is that an individual should not be prevented from taking his child or children to a place where they may receive medical treatment. The Bill already sets out certain effects that a prohibition cannot have, such as preventing an individual attending his place of work. These provisions ensure that we do not end up with perverse prohibitions that would inappropriately impact upon the subject of a drinking banning order. I understand the basis of the noble Viscount’s amendments. However, there may be instances where the court may wish to impose a prohibition to protect family members from an individual’s behaviour while under the influence of alcohol. So I am not persuaded that this amendment is necessary. However, I recognise that we would not want courts to impose prohibitions in drinking banning orders that would prevent an individual taking his child or children to a place where they may receive medical treatment. I expect that noble Lords could quote a never-ending list of similar situations where prohibitions would be inappropriate and should not be imposed. However, I believe that such matters are best left to the discretion of the court to consider on a case-by-case basis. However, I am happy to ensure that the kind of example that the noble Viscount drew to our attention is included in drinking banning order guidance, as it fits exactly the requirements that we will have to set out so that it can be best understood by those who would give effect to the orders. Amendment No. 114 is the same as that which has been proposed for drinking banning orders, but for directions to leave. I believe that it is therefore appropriate to discuss it at the same time, and the noble Viscount has grouped it with Amendment No. 6. Clause 22 allows a constable to direct a person to leave a locality. Subsection (4) provides that no prohibition can be given by a constable if it prevents the individual to whom it is given having access to his home, to his place of work, to a place that he needs to attend to receive education, training or medical treatment, or to a place that he has been ordered to attend. The amendment would, again, add the same two situations as those proposed in the amendment on drinking banning orders. For directions to leave, the provisions already in the Bill seek to set out the situations in which lack of access would be highly counter-productive for the individual, such as being unable to attend his place of employment. They are the basics required to ensure that we do not end up with nonsensical unintended consequences. Again, I am not persuaded that it would be right to include anything in the Bill on the need to ensure that the direction does not prevent someone having access to, or contact with, members of his family. It is already the case that a direction to leave cannot prevent someone having access to his home—that is where a person’s family is most likely to live. A direction lasts only for a maximum of 48 hours, so it is a very short-term arrangement. I recognise that we would not want a direction to be given that prevented an individual taking his child or children to a place where they might receive medical treatment. I am not sure under what circumstances that might arise, as the basis for a direction to leave is that it should be given only if it is necessary to prevent alcohol-related crime or disorder and it can last only for a maximum 48 hours. It is most likely that directions will be given from a town or city centre and the area that has a concentration of pubs and clubs. However, as in the case for drinking banning orders, I am happy to ensure that this is covered specifically in guidance on directions to leave. I hope that, with those assurances, the noble Viscount will feel able to withdraw his amendment.