My Lords, I should like to take further what the noble Baroness, Lady Mallalieu, said about who is going to be involved at the beginning of this process. Whatever the noble Lord, Lord Faulks, said, it is not going to be a judge; it is probably going to be a police officer. I want to think about the use of language and I am going to give two examples of the use of language which distinguishes the word “annoying” from the language in previous Bills about distress and harassment.
I want to take your Lordships back to 1970s Soho where, as a young constable, I was patrolling with a much more streetwise officer. We were approached by a rather large Westminster councillor who was objecting to people handing out leaflets about rent rises. He said that he was really annoyed by this. The officer I was with said, “Well sir, my Aunt Mabel is annoying but I’m not going to let anybody arrest her for just being annoying”. That was in the 1970s. I now want to take your Lordships to the very top of government in 2007. The right honourable Tony Blair has announced that he is about to leave and the right honourable Gordon Brown thinks he is about to be the Prime Minister but he is still the Chancellor. I am sorry that the noble Lord, Lord Reid, is not in his place to confirm this story as he and I were involved in it when he was the Home Secretary. The Chancellor was about to move out of No. 11 with his red briefcase to announce a Budget to a particularly unstartled world when we discovered that a man was standing amid the cameras dressed in a full union jack outfit with a notice saying “John Reid for Prime Minister”. It was reported to me, as commissioner, that the Chancellor was likely to be annoyed; it was pointed out to me in very firm terms that the putative Lord Reid was going to be extremely annoyed; and, as the commissioner, I was annoyed because the Home Secretary was annoyed, but nobody used the terms “harassment”, “distress” or “alarm”.
The difference between simple words relating to annoyance and how they will be interpreted on the street by housing officers, police officers and so on is very important. This is not a matter for judges. People will be told to move on and get out of the road by people who are in authority because that is the easiest thing to do when dealing with somebody who is complaining. This is an absolutely awful piece of legislation and we should avoid it.