This group of amendments takes us to Clause 91, which provides for possession in the event of riot-related offences. The first amendment in the group is Amendment 56AM, tabled by my noble friend Lord Greaves, who also tabled Amendment 56ACC. He proposes to leave out the words “a person” from the new grounds so that the ground for possession would be limited to an offence by the tenant residing in the dwelling house, not the tenant or another person. My noble friend, who cannot be here today, asks whether—as he and I read the legislation—this could include, for instance, a lodger or someone who has been taken in by the tenant on the advice of the Government to avoid the spare bedroom tax.
My Amendment 56AB would restrict the ground for possession to the commission of a serious offence, using the definition in new Section 84A in Clause 86 for convenience. I understand and appreciate that granting possession will be a discretionary matter, but the court must take account of some circumstances being such as to justify the exercise. I was concerned, as I have been on similar points, by the Government’s response to the Joint Committee on Human Rights, which said that it was not persuaded by the Government’s justification for this ground for possession. The Government say that this is likely to happen only very exceptionally. The ground is discretionary, which means that the court will not be able to make a possession order unless it considers it reasonable to do so. The court may be less likely to conclude that it was reasonable to evict when the crime was not committed in the locality of the property. As it is a riot-related offence, it may have been committed some way away and have nothing to do with the property. We are talking here about offences which, in all likelihood, are unrelated to the other occupants of the property. The JCHR commented that this response would disproportionately affect women and children.
This Bill is, rightly, victim focused, but I am concerned that this punishment would create new victims—other occupants of the property. If an offender who is about to set out to take part in a riot and to loot is not deterred by the thought that he might be convicted of a criminal offence and be imprisoned, and the effect of that on his family, would he even think about the tenancy? I find it hard to put myself in the mind of such a person, but I doubt it.
My amendments would restrict the offence in question to a serious offence and try to meet the Government part way on this. I have other amendments that would allow the court to transfer the tenancy to the spouse of an offender who herself or himself is not an offender. I am happy with the clause, but I have cut out the first bit and gone straight to seeking a compromise with the Government. I beg to move.
6.15 pm