My Lords, I will be brief: I am sure the Committee would want me to be so. I can be very reassuring to my noble friend. He presents what is a very serious issue. Japanese knotweed is not the only invasive and destructive plant, as indeed he mentioned.
In reforming the anti-social behaviour powers, we have deliberately created flexible powers that can be used to stop or prevent any behaviour that meets the legal test. We have streamlined the powers, and introducing a specific use for the community protection notice would be to reinvent the behaviour-specific powers we are trying to repeal.
However, as currently drafted, the CPN can be used to require someone to control or prevent the growth of these plants, or any others capable of causing the havoc that they do. It is non-specific in terms of the nature of the plant and in the sense that it does not necessarily refer to invasive plants in the legislation. But the test is that the conduct of the individual or body is having a detrimental effect of a persistent or continuing nature on the quality of life of those in the locality, and that the conduct is unreasonable. Those are the tests. In this case, the conduct can just as easily be interpreted to mean inaction, so not taking action to remove it can come under a CPN.
I hope that I can reassure my noble friend that the amendment does not add to the powers currently available in the Bill and elsewhere, and I ask him to withdraw it.