My Lords, ahead of Report in the House of Commons, the Government published draft guidance for front-line professionals on the new anti-social behaviour powers. With the exception of those sections dealing with the review of criminal behaviour orders and the community remedy, this was to be non-statutory guidance.
In addition to the draft guidance produced by the Home Office, the Department for Environment, Food and Rural Affairs published a draft practitioner’s manual for tackling irresponsible dog ownership. Of course, the content of the draft guidance has been the subject of discussion during our Committee deliberations. On a number of points, noble Lords expressed concern that our expectations of how the power should be used would be in guidance with no statutory basis.
While I believe that the new powers have sufficient safeguards to ensure appropriate and proportionate use, I see merit in making the guidance statutory for all the new anti-social behaviour powers. Out intention is not to be prescriptive; it is essential that professionals and the courts have the flexibility to consider the facts of each case and choose the most appropriate course of action. However, statutory guidance will help them use the new powers more effectively. The amendments in this group will achieve that result and I trust noble Lords will support them. I beg to move.