No, it was not. The Minister accused him of being mischievous in that regard. He cannot rewrite Hansard. My noble friend was making then, and is making now, a genuine attempt
to find out how the orders will work in practice, step by step. The points made about the police officers are ones to which I should like answers.
We are not opposed to dispersal orders. I made that point before and I will make it again. We introduced them in 2004. There was some controversy at that time but we think it was the right thing to do. The issue we have is with the significance of the changes being made in the geographical area and the timescale and the lack of involvement from the local authority. The noble Lord, Lord Harris, made the point that our issue is not with any demographic oversight the PCC can provide after the event. It is with ensuring that, where there is to be a dispersal order, democratically elected community representatives ensure that the power is used to the best effect and that they do not cause any further problems and misunderstandings by not using it appropriately. That consultation and involvement with local authorities is very important.
When the Home Affairs Select Committee recommended as part of its pre-legislative scrutiny in the other place that there should be a duty to consult local authorities over dispersal orders of more than six hours, the Government agreed and said they would amend the legislation. They have not done so and it would be helpful to hear from the Minister why the Government are not now fulfilling their commitment to HASC. There must be a reason why they are no longer choosing to do that.
As far as I understand it, the Minister said that the police have now said that they find the dispersal order powers useful. At the risk of being accused of a blunderbuss approach, I have tabled the same amendment to try to get some answers. What was the evidence base for bringing such significant changes forward? Did the police come along and say to the Government, “There is a lack of flexibility in the current orders. There are delays in implementing them. We do not want to have to liaise with local authorities. We want to go it alone. We need them to be longer. We need a wider area.”? Did they raise those concerns prior to the Government bringing this forward? I am not aware that they did or that there were any such concerns raised by the existing orders, but if there were, can the Minister let us know that? In his comments in Committee regarding the involvement of local authorities he used phrases such as “it is likely” the police will work with the local authority and he referred to draft guidance, which states that the authorising officer “may wish where practical” to consult local council or community representatives. That is very vague and it is not my understanding of the commitment made to the Home Affairs Select Committee.
I am just trying to understand why the changes were brought forward in the first place, who complained about local authority involvement and who thought that was hampering the process or the use of orders? If the Minister is unable to answer these questions at this stage we will have to conclude there is no evidence base but I would very much regret the Government bringing forward such significant changes without an evidence base. I reiterate the point made by the noble Lord, Lord Harris. We need some real understanding of how this will work in practice, given the very significant changes that are being made.
9.45 pm