Violent Crime Reduction Bill

The noble Baroness has described very well what her amendment would do, and I do not intend to do the same. Anti-social behaviour orders are an important tool in addressing anti-social behaviour—something we now all appear to agree is very serious. They are preventive and offer individuals a final chance to bring their behaviour under control or face criminal penalties. ASBOs impose restrictions on the behaviour of individuals who have behaved anti-socially, and protect communities from longstanding and highly intimidating conduct. It is our belief that a minimum period of two years is right. It was established to reflect the need for the orders to bring respite to communities and to allow for an individual’s behaviour to be changed. ASBOs are designed to protect the community, not to punish the perpetrator. Where behaviour improves or there is a need to amend conditions, ASBOs can be varied or discharged before the end of the two-year period with the consent of those concerned. However, we acknowledge that two years is a long time in the life of a younger person. We recently announced a one-year review for young people. That should provide an important safeguard in ensuring that young people are receiving the support that they need to prevent them breaching the terms of their ASBO and causing further harm to the community. Patterns of behaviour may have changed significantly in a year. This measure provides the checks and balances necessary to take account of that. On 20 December 2005, Home Office Ministers announced that they would seek to make this practice universal, subject to consultation with stakeholders and space in the parliamentary timetable. Anti-social behaviour orders are prompted by behaviour that needs to be controlled. Thus, the orders must be allowed to operate for a reasonable time to ensure that anti-social behaviour is not simply stopped temporarily, but is addressed in the longer term. I believe that this amendment would seriously endanger that objective. For those reasons, I invite the noble Baroness to withdraw the amendment. Government Amendment No. 177 in this group is a consequence of earlier Amendments Nos. 18 and 165 to the drinking banning orders provisions and the new clause amending anti-social behaviour legislation. It responds to the uncertainties created by the Boorman case which was decided in November of last year.