Local Authorities (Contracting out of Anti-social Behaviour Order Functions) (England) Order 2007

Perhaps I may correct myself. I am grateful to the noble Viscount for pointing that out. Section 28 of the RIPA enables the local authority to undertake covert surveillance and to authorise a housing management organisation to use covert surveillance on its behalf on a case-by-case basis where it is considered to protect the community from anti-social behaviour. Alternatively, the HMO could revert back to its parent local authority, which could then gather evidence on its behalf. This evidence could be exchanged in line with the provision in Section 115 of the Crime and Disorder Act 1998, which authorises the sharing of such information for ASBO application purposes. The noble Baroness, Lady Harris, asked about training. It is highly unlikely that any local authority would choose to contract out ASBO functions to a housing management organisation, where that organisation is not already responsible for delivering services to tackle anti-social behaviour, unless it were part of a wider transfer of responsibilities. We must remember that the ASBO is only one tool in the armoury. As I have already said, a housing management organisation can currently take action through the courts by using injunctions and tenancy measures, as well as being equipped to extend its responsibilities by pursuing ASBO applications once this order is agreed. Critically, many of these organisations are already doing much of this evidence- gathering and case preparation. Many ALMO staff and some TMO staff, including those responsible for delivering anti-social behaviour services, will have transferred from the local authority at the point at which housing management services were contracted out. I am sure that noble Lords agree that it would be incorrect to assume that they are any less qualified to carry out their duties following a transfer. Importantly, however, we will make it explicit in guidance that local authorities should satisfy themselves as to the capacity of staff prior to contracting out. The specifics of any necessary training are best left to the stewardship of the local authority as a critical part of contracting-out functions. It is in the best interests of both the local authority and the HMO to ensure that staff are appropriately trained to perform these functions effectively. We shall make it clear, as is already the case, that authorities institute robust and regular reporting and monitoring procedures to identify any problems as quickly as they emerge. That would normally be done through the existing channels of communication established between authorities and organisations managing their housing. HMOs will be under a duty to consult the local authority before making an application to the court, allowing the local authority to monitor case by case and pass any pertinent information on to the TMO. Through our regulatory impact assessment, we have undertaken to review the operation of the order in the two years after commencement. I have already commented on the effectiveness of ASBOs, but they have been thoroughly examined on numerous occasions over the past few years, including by the Home Affairs Select Committee in April 2005. Specific areas of improvement have been identified and acted upon. Broadly speaking, practitioners, the communities they serve, and those communities’ representatives are happy with the policy, and it has been successful over the years as an essential tool for tackling anti-social behaviour. We are not complacent, however. We must also keep the policy under continuous internal review, and it was this process that identified, for example, the need to improve data collection. I am grateful for the contributions to this debate. I am mindful that I might not have picked up all the points that I perhaps need to. In that case, I undertake to pursue them and to write to noble Lords. I am particularly grateful for the kind welcome that I have received. This is the first time we have sought to use the order-making powers of the Serious Organised Crime and Police Act 2005. There is clear justification for using the Act now to minimise operational constraints on tackling anti-social behaviour effectively. We intend to monitor the impact of contracting out, including through continued working with stakeholders. On Question, Motion agreed to.