My Lords, there are two government amendments in this group. It may assist the House if I set out the case for the reform of the existing powers available to the police and, in doing so, also address Amendment 32, which has been tabled by the noble Baroness, Lady Smith.
In Committee, the Opposition questioned whether the new dispersal power is needed—indeed, the noble Baroness mentioned that earlier in the debate—and whether there is any problem with the existing powers. It is true that both of the existing dispersal powers have been used successfully to deal with anti-social behaviour and alcohol-related disorder. However, they also have limitations. Section 30 of the Anti-social Behaviour Act 2003 is used to deal with persistent anti-social behaviour in an area and requires the agreement of the local authority in designating a dispersal zone. That approach is not as swift and responsive as it could be. This Bill takes a different approach. Where there is persistent anti-social behaviour in an area, it is the council that is able to put in place the measures to promote long-term, sustainable change in an area. It uses not a dispersal power but the new public spaces protection order.
Section 27 of the Violent Crime Reduction Act 2006 is a police-only power, so can be used more quickly; but it can be used only in relation to alcohol-related disorder, and that is too limited. In reforming the anti-social behaviour legislation, we have sought to streamline the powers and make them more flexible. That is the philosophy behind all the anti-social behaviour powers in this Bill. The new dispersal power will allow police to respond quickly so that victims do not have to suffer the anti-social behaviour while a dispersal zone is put in place. I believe that agencies should not have to label an area an ASB hotspot before the police are able to act. These labels are a stigma on communities and can hinder the hard work of local agencies to improve the quality of life in those areas. I agree that the existing dispersal powers are not “broke”—to use a well known expression—but that does not mean that we should not take this opportunity to improve them. Combining the best elements of the existing powers makes the new power a more effective tool to protect victims of anti-social behaviour.
In its written evidence to the Home Affairs Select Committee, ACPO stated that the new dispersal power,
“will strengthen police powers to remove people from areas for poor public place behaviour in general and are not overly focussed on alcohol related disorder as at present”.
It said that the two existing powers,
“have proved to be very effective tools and combining these orders will simplify their administration and reduce costs”.
This is echoed by a number of individual police forces and the Mayor’s Office for Policing and Crime, which also welcome the new dispersal power. The Criminal Justice Alliance stated that the new power,
“could alleviate antisocial behaviour from particular areas quickly with far less administrative bureaucracy than previously”.
All these organisations caveat their statements with the note of caution that it will be important that the new power is used proportionately and sensitively, and we agree. As I have explained, the new power is designed to allow the police to act quickly to prevent anti-social behaviour from escalating. This does not mean that we expect the police to act in isolation from other agencies; indeed, we acknowledge that there will be many situations where it is appropriate to involve the local authority in the response to anti-social behaviour.
However, to require the police to consult the local authority routinely before the dispersal power is used would severely constrain its use. As for providing democratic oversight of the police, which some have suggested is the reason for local authority involvement, that is not the role of the local authority. As with all police activity, police and crime commissioners will provide the democratic accountability for the use of dispersal powers.
I believe that it is right to reform the dispersal powers. That said, we have listened to the concerns expressed in Committee that the new dispersal powers could be used to restrict peaceful protests and freedom of assembly. That brings me to government Amendments 31 and 33, which I hope will be agreed by the House. I remain satisfied that the test for the exercise of those powers precludes them from being used in such a way. However, given the strength of feeling on the matter, we have tabled the amendments. Amendment 31 makes it clear that, before authorising the use of the dispersal powers, the authorising officer must have due regard to the rights to freedom of assembly and expression as enshrined in the European Convention on Human Rights. Similarly, Amendment 33 makes clear an officer’s duty to consider those rights before issuing a dispersal direction.
Similar concerns were raised in the context of public spaces and protection orders. Although not in this group, Amendment 54 places a similar duty on the local authority to have particular regard for those two convention rights before making such an order. Again, as public authorities under the Human Rights Act, local authorities are already duty bound to act compatibly with convention rights, but we recognise that, in the context of the Bill, it is helpful to reinforce that point.
I hope that that reassures noble Lords that the new dispersal powers will not be used in a way that conflicts with an individual’s convention rights. I commend the government amendments and the provisions of Clause 32 to the House.