UK Parliament / Open data

Anti-social Behaviour, Crime and Policing Bill

Committee of the Whole House (HL) and Debate on bills on Wednesday, 20 November 2013, in the House of Lords.
Lords committee stage (third day, part one). Clauses 12-39 agreed to.

About these Parliamentary proceedings

Reference

749 cc970-1027 

Session

2013-14

Legislative stage

Committee stage

Procedure

New clauses

Chamber / Committee

House of Lords chamber
Legislative Scrutiny: Anti-Social Behaviour, Crime and Policing Bill. Joint Committee on Human Rights fourth report with written evidence and formal minutes.
Wednesday, 9 October 2013
Parliamentary committees
House of Lords
House of Commons
Anti-social Behaviour, Crime and Policing Bill 2013-14. Brought from the Commons.
Wednesday, 16 October 2013
Bills
House of Lords
Delegated Powers and Regulatory Reform Committee twelfth report.
Wednesday, 30 October 2013
Parliamentary committees
House of Lords

Proceeding contributions

Earl Attlee | 749 c970 (Link to this contribution)

Moved by

Earl Attlee

Baroness Smith of Basildon | 749 c970 (Link to this contribution)

My Lords, may I raise a point about the further consideration of the Bill today? At 6.03 pm yeste...


Show all contributions (116)
Lord Ahmad of Wimbledon | 749 c970 (Link to this contribution)

My Lords, as with the Opposition, we have also seen all the amendments and have been working thro...

Baroness Smith of Basildon | 749 c970 (Link to this contribution)

I am sorry. I understand the need to make progress. The Minister will know from the amendments we...

Lord Ahmad of Wimbledon | 749 c970 (Link to this contribution)

Again, I say to the noble Baroness that anyone who has been in the previous days of this Committe...

Baroness Hamwee | 749 c971 (Link to this contribution)

Moved by

Baroness Hamwee

21D: Clause 12, page 7, line 5, at end insert “, and

(...

Baroness Hamwee | 749 cc971-2 (Link to this contribution)

My Lords, I will also speak to Amendment 21G. The first of these amendments takes us to Clause 12...

Lord Taylor of Holbeach | 749 cc972-3 (Link to this contribution)

My Lords, I thank my noble friend Lady Hamwee for these amendments, which give me an opportunity ...

Lord Hope of Craighead | 749 c974 (Link to this contribution)

Perhaps I may briefly take the Minister back to Amendment 21D. He made a number of points to expl...

Lord Taylor of Holbeach | 749 c974 (Link to this contribution)

We have already committed to looking at the draft guidance in the light of our debates. More to t...

Baroness Hamwee | 749 c974 (Link to this contribution)

My Lords, we, too, will look at the guidance in the light of the debates. I say that as a promise...

Lord Rosser | 749 c974 (Link to this contribution)

Moved by

Lord Rosser

21E: Clause 13, page 7, line 16, at end insert “or with any othe...

Lord Rosser | 749 cc974-5 (Link to this contribution)

My Lords, we have tabled amendments 21E and 21F to seek to clarify the effect of changes made to ...

Lord Ahmad of Wimbledon | 749 cc975-6 (Link to this contribution)

My Lords, I totally understand the noble Lord’s concern that anti-social behaviour powers in this...

Lord Rosser | 749 c976 (Link to this contribution)

I am still not entirely clear what the position is in the light of what the noble Lord has said. ...

Lord Ahmad of Wimbledon | 749 c976 (Link to this contribution)

I repeat that as far as the first clause is concerned, the intention is to be tenure-neutral. As ...

Lord Rosser | 749 c977 (Link to this contribution)

With great respect to the Minister, I do not think that he has explained why Clause 13 is necessa...

Lord Ahmad of Wimbledon | 749 c977 (Link to this contribution)

I can only repeat what I have already said: Clause 13 makes special provision for tenancy injunct...

Lord Rosser | 749 c977 (Link to this contribution)

Why is it not equally important that the provision about,

“inciting or encouraging any othe...

Lord Ahmad of Wimbledon | 749 c978 (Link to this contribution)

My Lords, either I am failing to comprehend totally what the noble Lord is saying, or vice versa....

Lord Rosser | 749 c978 (Link to this contribution)

Obviously, I accept that the Minister will, without any commitment, have another look at this and...

Lord Rosser | 749 c978 (Link to this contribution)

Moved by

Lord Rosser

21H: Clause 14, page 8, line 8, at end insert—

“( ) Within...

Lord Rosser | 749 cc978-9 (Link to this contribution)

We acknowledge that there was broad support for the requirement that the youth offending team be ...

Baroness Hamwee | 749 c979 (Link to this contribution)

My Lords, I have Amendment 21J in this group. Consultation can mean a lot of things and sometimes...

Lord Ahmad of Wimbledon | 749 cc979-980 (Link to this contribution)

My Lords, I thank the noble Lord and my noble friend for their amendments. This group again relat...

Baroness Hamwee | 749 c980 (Link to this contribution)

My Lords, is my noble friend aware of whether the Local Government Association has been consulted...

Lord Ahmad of Wimbledon | 749 c981 (Link to this contribution)

In direct response to that, I can say that representatives from the LGA and other organisations h...

Lord Rosser | 749 c981 (Link to this contribution)

I certainly will withdraw my amendment but can the Minister respond to two of the questions I ask...

Lord Ahmad of Wimbledon | 749 c981 (Link to this contribution)

The youth offending team cannot actually veto an application. If it objects to a particular appli...

Lord Rosser | 749 c981 (Link to this contribution)

I accept that the team cannot veto it, but my question was: if it does not agree with it, can it ...

Lord Ahmad of Wimbledon | 749 c981 (Link to this contribution)

This is a specific issue. As I said, I would expect that the court would consider all consultatio...

Lord Rosser | 749 c981 (Link to this contribution)

I thank the Minister for his response to the question and I beg leave to withdraw the amendment.<...

Baroness Hamwee | 749 c982 (Link to this contribution)

Moved by

Baroness Hamwee

21K: Clause 17, page 9, line 28, at end insert “against a re...

Baroness Hamwee | 749 cc982-3 (Link to this contribution)

My Lords, my amendment is grouped with the debate on Clause 17 stand part and Amendment 22DA in t...

Lord Hope of Craighead | 749 c983 (Link to this contribution)

I add just a short point to what the noble Baroness has said. When one looks at the draft guidanc...

Lord Paddick | 749 c983 (Link to this contribution)

My Lords, I speak from personal experience of dealing with the previous regime under ASBOs. There...

Baroness Linklater of Butterstone | 749 c983 (Link to this contribution)

My Lords, I endorse that and remind the House that when ASBOs were first considered under previou...

Baroness Smith of Basildon | 749 c984 (Link to this contribution)

My Lords, this has been a useful debate. I hope that the Minister can respond positively to it, b...

Lord Taylor of Holbeach | 749 cc984-6 (Link to this contribution)

I thank noble Lords for speaking in this short debate on an important issue, and my noble friend ...

Baroness Smith of Basildon | 749 c986 (Link to this contribution)

Those are wise words indeed, but will the Minister confirm that my noble friend Lord Bassam was s...

Lord Taylor of Holbeach | 749 c986 (Link to this contribution)

The noble Baroness will know that an IPNA can be applied also in cases where there may have been ...

Baroness Smith of Basildon | 749 c986 (Link to this contribution)

This clause would apply to those who have committed a breach of an IPNA by causing nuisance and a...

Lord Taylor of Holbeach | 749 cc986-7 (Link to this contribution)

The noble Baroness is quite right, but what we are seeking to do is to enable the IPNA-based proc...

Lord Deben | 749 c987 (Link to this contribution)

I hope that my noble friend will stick hard to this, because one of the issues that most affected...

Lord Taylor of Holbeach | 749 c987 (Link to this contribution)

I thank my noble friend for those encouraging words. I feel that we are right on this issue and I...

Lord Hope of Craighead | 749 c987 (Link to this contribution)

I come back briefly to the point about discretion. Of course it is right that the court will have...

Lord Brown of Eaton-under-Heywood | 749 c987 (Link to this contribution)

My attention is drawn by my noble and learned friend Lord Walker to paragraph 123 of the Explanat...

Lord Taylor of Holbeach | 749 c988 (Link to this contribution)

I am most grateful to the noble and learned Lord, Lord Brown of Eaton-under-Heywood. I am sorry i...

Baroness Hamwee | 749 c988 (Link to this contribution)

My Lords, I, too, was a little confused when the Minister referred earlier to Section 39, which t...

Lord Marlesford | 749 cc988-9 (Link to this contribution)

Moved by

Lord Marlesford

22: After Clause 20, insert the following new Clause—

...

Lord Marlesford | 749 cc989-990 (Link to this contribution)

My Lords, in proposing the new clause in Amendment 22 to provide a new civil penalty for litterin...

Viscount Goschen | 749 cc990-2 (Link to this contribution)

My Lords, I support my noble friend Lord Marlesford’s amendment, which largely reflects a Private...

Lord James of Blackheath | 749 c991 (Link to this contribution)

My Lords, I support my noble friend Lord Marlesford on his amendment, but I wish also to make a s...

Lord Crickhowell | 749 cc991-3 (Link to this contribution)

My Lords, one step at a time. I am going to let my noble friend’s suggested change to the amendme...

Lord True | 749 cc993-4 (Link to this contribution)

My Lords, this is the first time that I have intervened on the Bill. I should declare an interest...

Baroness Smith of Basildon | 749 cc994-5 (Link to this contribution)

My Lords, I find myself in complete agreement with the noble Lord, Lord Marlesford, and the noble...

Lord Taylor of Holbeach | 749 cc995-7 (Link to this contribution)

I could not agree more with the noble Baroness about the importance of behaviour regarding the en...

Lord Crickhowell | 749 c997 (Link to this contribution)

I am grateful to my noble friend. He is giving one lot of statistics but does he have any statist...

Lord Taylor of Holbeach | 749 cc997-8 (Link to this contribution)

I apologise to my noble friend because I do not have such figures. I am not quoting any figures h...

Lord Marlesford | 749 cc998-9 (Link to this contribution)

My Lords, it really is not good enough to say, as my noble friend has said, “We can’t do everythi...

Baroness Smith of Basildon | 749 c999 (Link to this contribution)

Moved by

Baroness Smith of Basildon

22A: After Clause 20, insert the following new Cl...

Baroness Smith of Basildon | 749 cc999-1000 (Link to this contribution)

My Lords, this is a probing amendment on a subject not too dissimilar from the issue raised by th...

Baroness Hamwee | 749 c1000 (Link to this contribution)

The noble Baroness raises an interesting point. I have been wondering about other examples, and t...

Lord Ahmad of Wimbledon | 749 cc1000-1 (Link to this contribution)

My Lords, the Government are often accused of not listening. I listened with great interest to th...

Lord Beecham | 749 c1001 (Link to this contribution)

Will the Minister indicate whether unincorporated bodies will be caught by the provision, or woul...

Lord Ahmad of Wimbledon | 749 c1001 (Link to this contribution)

I believe that the clause as drafted could apply to an individual or an organisation. When we dis...

Baroness Smith of Basildon | 749 c1001 (Link to this contribution)

My Lords, I am grateful to the noble Lord for his explanation. I am not sure whether it will be h...

Baroness Hamwee | 749 c1002 (Link to this contribution)

Moved by

Baroness Hamwee

22B: Clause 21, page 11, line 38, after “satisfied” insert “...

Baroness Hamwee | 749 c1002 (Link to this contribution)

My Lords, I will speak also to Amendments 22C and 22D. I hope that I can be quick with these. Ame...

Lord True | 749 cc1002-3 (Link to this contribution)

My Lords, I need a little help on Amendment 22C. I heard what my noble friend said about applying...

Lord Rosser | 749 cc1003-4 (Link to this contribution)

I certainly await with interest what the Minister has to say in response to these amendments. Sub...

Lord Taylor of Holbeach | 749 cc1004-5 (Link to this contribution)

My Lords, these amendments move us on to Part 2 and another series of issues, with us now conside...

Baroness Hamwee | 749 c1005 (Link to this contribution)

Indeed, I am partially satisfied and I will not repeat the argument I made about the distinction ...

Baroness Hamwee | 749 c1006 (Link to this contribution)

Moved by

Baroness Hamwee

22E: Clause 23, page 13, line 18, after “must” insert “consi...

Baroness Hamwee | 749 c1006 (Link to this contribution)

My Lords, in moving this amendment I will also speak to Amendments 22H, 22J and 22K. My noble fri...

Lord Ahmad of Wimbledon | 749 c1006 (Link to this contribution)

I am responding to this debate, so I am listening with great attention, but for a moment I though...

Baroness Hamwee | 749 cc1006-7 (Link to this contribution)

My noble friend is absolutely right. I apologise to the Committee. There is such enthusiasm to mo...

Lord Greaves | 749 c1007 (Link to this contribution)

My Lords, Amendment 22KA is a modest attempt to help the Government to get their legislation corr...

Lord Rosser | 749 cc1007-8 (Link to this contribution)

I am very interested to hear the Minister’s response on all the issues that have been raised, par...

Lord Ahmad of Wimbledon | 749 cc1008-9 (Link to this contribution)

My Lords, I thank my noble friend Lady Hamwee for her explanation of these amendments and for sha...

Lord Greaves | 749 c1009 (Link to this contribution)

I am grateful for the Minister’s comments, but in order to save time on Report why does he not ju...

Lord Ahmed | 749 cc1009-1010 (Link to this contribution)

With all things legalistic and legislative, my noble friend will agree with me that it is importa...

Baroness Hamwee | 749 c1010 (Link to this contribution)

My Lords, I apologise again to the Committee for getting so confused over these amendments. I say...

Earl of Listowel | 749 c1010 (Link to this contribution)

Moved by

The Earl of Listowel)

22KB: Clause 29, page 16, line 27, after “person” inse...

Earl of Listowel | 749 cc1010-2 (Link to this contribution)

My Lords, in moving Amendment 22KB in the name of my noble friend Lord Ramsbotham, I shall speak ...

Baroness Hamwee | 749 c1012 (Link to this contribution)

The noble Earl has raised extremely important points, and I do not want to repeat arguments that ...

Baroness Linklater of Butterstone | 749 cc1012-3 (Link to this contribution)

My Lords, I support these amendments wholeheartedly. We are talking about punishment. Punishment ...

Baroness Smith of Basildon | 749 c1013 (Link to this contribution)

My Lords, the noble Earl, Lord Listowel, made some interesting and useful points. We sympathise w...

Lord Taylor of Holbeach | 749 cc1013-5 (Link to this contribution)

My Lords, I thank the noble Earl, Lord Listowel, for picking up the amendments of the noble Lord,...

Earl of Listowel | 749 c1015 (Link to this contribution)

My Lords, I thank the Minister for his careful reply. I hear what he says and will take it away a...

Lord Taylor of Holbeach | 749 cc1015-6 (Link to this contribution)

Perhaps I might intervene to reassure the noble Earl that what we are seeking to do with the Bill...

Earl of Listowel | 749 c1016 (Link to this contribution)

I thank the Minister for his response. I need to look very carefully at what the Government are d...

Baroness Hamwee | 749 c1016 (Link to this contribution)

Moved by

Baroness Hamwee

22L: Clause 32, page 18, line 35, after “necessary” insert “...

Baroness Hamwee | 749 cc1016-7 (Link to this contribution)

I shall speak also to Amendment 22N. Amendment 22L would add the term “proportionate” to the peri...

Lord Harris of Haringey | 749 cc1017-8 (Link to this contribution)

My Lords, I rise to speak to Amendment 22M in the name of my noble friend Lady Smith of Basildon,...

Baroness Smith of Basildon | 749 cc1018-9 (Link to this contribution)

My Lords, I will speak to Amendment 22M and also comment on whether Clause 32 should stand part o...

Lord Greaves | 749 c1019 (Link to this contribution)

The noble Baroness was not in the House when we dealt at some length with the question of what “l...

Baroness Smith of Basildon | 749 cc1019-1020 (Link to this contribution)

Having listened to the noble Lord, I am sorry that I missed that debate. However, I get his point...

Lord Taylor of Holbeach | 749 cc1020-2 (Link to this contribution)

My Lords, I might have preferred to be participating in the passage of the CRoW Act, although it ...

Baroness Smith of Basildon | 749 c1022 (Link to this contribution)

I do not want to disrupt the Minister as he answers other noble Lords’ questions, and I am gratef...

Lord Taylor of Blackburn | 749 c1022 (Link to this contribution)

I have given the noble Baroness the information I have on our response to the Home Affairs Select...

Lord Harris of Haringey | 749 cc1022-3 (Link to this contribution)

While the Minister’s flow has been disrupted, perhaps I could disrupt it a little bit further. Ca...

Lord Taylor of Holbeach | 749 c1023 (Link to this contribution)

That is not my practice; I try to be open with the Committee about what these proposals entail an...

Lord Harris of Haringey | 749 c1024 (Link to this contribution)

That is even more disturbing because it implies that if, at 11 am, there is a concern that there ...

Lord Taylor of Holbeach | 749 c1024 (Link to this contribution)

The noble Lord is concerned about the rank of inspector, but of course operationally, inspectors ...

Lord Harris of Haringey | 749 c1024 (Link to this contribution)

I appreciate that lots of noble Lords are present for the next debate and I am sorry that this is...

Lord Taylor of Holbeach | 749 c1024 (Link to this contribution)

Of course, I will consider all matters raised in this debate—I am happy to do so. We want to try ...

Lord Taylor of Holbeach | 749 c1024 (Link to this contribution)

I think that I must respond to points made by other noble Lords—

Lord Harris of Haringey | 749 c1025 (Link to this contribution)

If the Minister will forgive me, what he is saying is that all those different bodies will of cou...

Lord Taylor of Holbeach | 749 c1025 (Link to this contribution)

My Lords, the noble Lord is forgetting that anti-social behaviour is a concern for all public aut...

Lord Taylor of Holbeach | 749 c1025 (Link to this contribution)

I will reflect on what the noble Lord says, but I was about to address the points raised by the n...

Lord Harris of Haringey | 749 c1025 (Link to this contribution)

I am not being mischievous. Like the Minister, I want to make sure that these powers are effectiv...

Lord Taylor of Holbeach | 749 cc1025-6 (Link to this contribution)

I accept the noble Lord’s explanation, but perhaps I can turn to the points raised by the noble B...

Baroness Hamwee | 749 c1026 (Link to this contribution)

My Lords, I do not think that I should prolong this debate, and I shall keep until after today th...

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