Serious Crime Bill [HL]

First, taking up the final point made by the noble and learned Lord, Lord Mayhew, I should make it clear for the whole of our debate that the Serious Organised Crime Agency is not the only agency that can apply for the orders. Subsection (8) sets out all the individuals who are covered by what ““a law enforcement officer”” means. I turn to the first point made by the noble Baroness. I understand what she says about the amendments. If one looks at how anti-social behaviour orders have developed—many of them are, as she will know, made by a lower court—the High Court has had to direct and inform how they have been expressed because, on occasion, they have lacked the acuity that we need. I think that that is the import of her amendment. That is why we chose the High Court as being the most appropriate court. As the noble Baroness will know, the authority that seeks to make the orders will have to file evidence and satisfy the court that the order that it seeks is justified on the evidence that it produces; it will have to satisfy the court that the order is right and proper, and consistent with the provisions not only of the Bill but of the Human Rights Act. In order to make a valid order, the court would have to express that order with sufficient clarity so that it can be enforced if breach is alleged. The process and the rules that apply to proceedings in the High Court on orders made by the High Court would all apply to such applications. We anticipate that the court would be obliged to give clear reasoning and explain the basis on which it made the order. As the noble Baroness knows, we have provided for a right of appeal, which would not be possible without knowing precisely the reasons for granting the order and the basis on which the court asserted that it was satisfied that the two limbs of Clause 1 were made out. I understand the anxieties of the noble Baroness, but I do not believe that those anxieties are well founded. The court would be expected to set out the terms of the order. All the terms of the order must be set out on its face for it to be capable of being enforced. The only exception will be if the order relates to provision of information. Then, the court may leave the details of how the information is to be provided to the discretion of the law enforcement officer. That is in Clause 5(7). As the noble and learned Lord, Lord Mayhew, said, that subsection is rather broader at the moment, but we shall return to that issue. It may be appropriate to amend it, subsequent to our discussion, to give it greater acuity than it has at present. Just as with any other injunction, the High Court judge will have to set out on its face the person to whom the order relates, the nature of the restriction made and the terms with which the individual must comply. I imagine that it will be possible to challenge an order that did not comply with those ordinary rules. I hope that that gives the noble Baroness the reassurance that she seeks. I agree with her that it is very important, when dealing with orders of this nature, to be clear about the terms and to be clear with a person who may be subjected to it, so that there is no difficulty or misunderstanding about compliance. I hope that what I have said will give the noble Baroness the reassurance that she seeks.