My Lords, I would like to address the House on this clause. As the Minister will
be aware, I am very much in favour of the architecture of this Bill and very sympathetic to its aims. However, as in life, not everything is perfect, and I fear that I cannot give my endorsement to this clause, which gives the court additional powers to order possession in relation to secure and assured tenancies in the event that the,
“tenant or a person residing in the dwelling-house has been convicted of an offence which took place during, and at the scene of, a riot in the United Kingdom”.
That distinguishes it from other parts of Part 5, which are concerned with matters that take place in the locality—or the vicinity, as the noble Lord, Lord Greaves, would have it.
I understand that the additional ground for possession has been included in the Bill to reflect the seriousness with which the Government view participation in riots, particularly those on a scale seen in this country during the summer before last. Those who committed offences during the riot on that occasion were dealt with speedily and firmly. Sentences of imprisonment were the norm, and some were lengthy. To some extent, one could say that they were deprived of the right to remain in a dwelling house by that very process. The courts have sufficient powers to deal firmly with offenders caught up in a riot and appeals against sentences were, for the most part, unsuccessful. The criminal justice system—some would say “for once”—in general responded very well to what occurred.
I am concerned that this measure is a step too far. While a court would still have to be satisfied that it was reasonable to grant possession, the fact that the relevant offence can be committed not only by the tenant but by someone residing in the dwelling house means that a tenant wholly innocent of involvement in a riot could potentially lose their home. I do not think that this is a necessary or appropriate provision, given all the other powers that exist elsewhere in the Bill. I am also concerned that what is essentially a procedure by way of civil remedy should carry with it a criminal offence of this sort connected with the civil recovery of possession. Although I share the Government’s concern that those involved with riots should be dealt with in a way that sends out a message to any potential rioters, I take the view, as did the Joint Committee on Human Rights, of which I am a member, that this clause is a step too far.