Violent Crime Reduction Bill

I hear what the noble Viscount says and should perhaps say at the outset that I am going to disappoint him. However, I think that I can give him some cause for cheer. The amendment moved by the noble Lord, Lord Thomas of Gresford, and supported by the noble Viscount, Lord Bridgeman, seeks to introduce safeguards into the process of making a drinking banning order. As explained, the amendment would mean that any court considering making an order may first receive a report from an appropriate person on the subject’s mental and physical health and whether he or she has any substance misuse addictions. We have a great deal of sympathy with the aim behind the amendment. The image conjured up by the noble Lord, Lord Thomas of Gresford, of the rough sleeper is one that I readily understand as my own city has a fair problem of exactly that nature. It is only right and proper that policies should be directed towards giving assistance and help, which is the spirit in which the amendment has been moved. I understand that. The amendment would ensure that an order is not imposed unless the court is satisfied that the subject can understand and comply with the order, and that it will not have an adverse effect on his mental or physical health. We know that rough sleepers, who are a part of our community, invariably have mental and physical health problems. This amendment was tabled and debated in the other place and my colleagues there had a similar sympathy with it. I understand the importance of the issue and agree with the aim, but in our view there is no need to set out the requirement in the Bill. I give the assurance that this issue will be dealt with in guidance, as is the case with anti-social behaviour orders. To our way of thinking that seems the best way of dealing with it. It is already the case that local authorities have a duty under the National Health Service and Community Care Act 1990 to assess any person who may be in need of community care services. If there is any evidence to suggest that the person against whom the order is being sought may be suffering from drug, alcohol or mental health problems, the person’s circumstances should be properly assessed and the necessary support provided by social services or other relevant agencies. That support should run parallel with the collection of evidence and application for an order where that is deemed necessary. When applying for an order against a young person an assessment should be made of their circumstances and needs in each and every case. That will enable the local authority to ensure that the appropriate services are available or are going to be provided for the young person affected and for the court to obtain the necessary information about his or her circumstances. However, it is vital that any such assessment does not introduce delay to the application process for an order as the needs of the community should be paramount. The lead agency should work closely with the local social services department or youth offending team from the start of the process so that where a new assessment is required it can be made speedily. As I said, the Government will ensure that those considerations are set out in the detailed and comprehensive guidance that will be an important part of ensuring that the legislation when it reaches the statute book becomes operational. I hope that having heard that explanation the noble Lord will feel able to withdraw his amendment.