Antisocial Behaviour (South Manchester)

Damian Hinds Excerpts

Thursday 4th December 2014 Commons Chamber

[Damian Hinds (East Hampshire) (Con)]

I congratulate my hon. Friend the Member for Manchester, Withington (Mr Leech) on bringing this important and timely debate to the Floor of the House. The House will have been struck—and shocked—by some of the incidents that he recounted from his constituency. Like him, I pay tribute to what our police, including Greater Manchester police, do in this area, alongside the other relevant agencies.

Antisocial behaviour is a very important subject that affects many people and communities in different ways—including in my own constituency, and, I am sure, the constituencies of other hon. Members here today. I know a little about the setting in Withington, as it is very near to where I grew up. If left unchecked, antisocial behaviour can prevent the law-abiding majority from enjoying public spaces or even feeling safe in their own homes. That is why the coalition Government made it clear that we would introduce effective measures to tackle antisocial behaviour and low level crime in order better to better people. That is what we have done.

The reforms we introduced through the Anti-social Behaviour, Crime and Policing Act 2014, which my hon. Friend mentioned, focus the response to antisocial behaviour firmly on the needs of victims, allowing agencies better to protect the communities they serve by quickly clamping down on problems whenever and wherever they occur. Where individuals do not respond to informal approaches, or where they are causing serious nuisance, front-line professionals can, where appropriate and proportionate, use the new faster and more flexible antisocial behaviour powers that came into force on 20 October.

It is widely acknowledged that the higher education sector in Manchester makes a significant contribution, economically and culturally, with its world class universities and the annual influx of tens of thousands of students. Many are drawn to private rented accommodation in Fallowfield and Withington, as well as to halls of residence. It is of course also the case, as my hon. Friend was at pains to point out, that the vast majority of students are law abiding, enjoying the richness and diversity of the great city of Manchester. However, and as ever, the conduct of a small minority can cause great harm and distress to others. The authorities must be able to act and use their professional judgment to resolve such problems where they occur.

In that respect, I note that the restorative justice approach has been piloted in five wards in south Manchester: Burnage, Fallowfield, Levenshulme, Old Moat and Withington. Its purpose is to resolve issues of antisocial behaviour. Early and informal interventions will often be successful in stopping such antisocial behaviour. The aim of the pilots is to establish clear standards of behaviour and reinforce the message that antisocial behaviour will not be tolerated.

I am sure that my hon. Friend welcomes, as he outlined in his speech, the fact that Manchester Metropolitan university is one of seven higher education institutions taking part, with the National Union of Students and funded by the Home Office, in the alcohol impact project. The project is developing an accreditation mark—a sort of kitemark—that will be awarded to universities committing to actions such as: preventing alcohol-related initiation ceremonies; tackling participation in irresponsible pub crawls; and monitoring antisocial behaviour. Manchester Metropolitan university has also committed to increase the number of alcohol-free student events and to promote responsible alcohol consumption at other events. There is much that institutions can do through policy, procedure, retailing and accommodation, and it is good to see some of these coming forward.

Successful partnership working, as acknowledged by my hon. Friend, along with early and informal action, can reap rewards in tackling antisocial behaviour, but, where more formal interventions are needed, in specific cases we have given front-line professionals new and more effective powers to enable them to act quickly to deal with a range of problems, whether noise, nuisance or drunken and rowdy behaviour in public places.

If the police or a council officer has reason to believe that the use of premises has resulted in nuisance to members of the public or that that could happen, a closure notice can be used to protect victims and communities by quickly closing premises that are causing nuisance or disorder. Of course, those who habitually reside in the premises cannot be excluded for the first 48 hours, but visitors could be excluded completely from the property. As the power can be used preventively, the local community need not suffer while waiting for action, so the harm caused by a party could be prevented altogether.

Moreover, where there is more serious nuisance to others, the police or the council can apply to the magistrates court for a closure order to close the premises for up to six months. I have noted the concerns raised by my hon. Friend that the new closure power does not allow the police to shut down unruly student parties immediately “on the spot” as it were. I have heard what he has said on this point and the commentary and critique that he brought forward from Inspector Sutcliffe, and we can certainly look at all suggestions for improving the legislation to make it even more effective for front-line professionals to protect victims and communities.

The police or local council can now also use new community protection notices, also introduced under the 2014 Act. These are intended to deal with particular ongoing problems or nuisances that are having a detrimental effect on the quality of life of those in the community, and where the conduct is persistent or continuing and is unreasonable. For example, this could cover noise nuisance, as well as littering, fly-tipping or graffiti. Such a notice may impose requirements to stop doing certain things, to do certain things, or to take reasonable steps to achieve certain stated results.

The new power is available to the council and the police, including designated police community support officers, and can be issued against any person aged 16 or over, or against a body, including a business. Before the notice can be issued, the officer must serve the individual with a written warning to make it clear that if they do not stop the antisocial behaviour, they could be served with a community protection notice.

Police officers in uniform and designated PCSOs can also use the new dispersal power in public places to prevent or to stop members of the public from being harassed, alarmed or distressed, or to prevent crime or disorder. The new power combines the most effective elements of the previous dispersal powers into a single, less bureaucratic power. It allows the police to deal with problems instantly and nip them in the bud before the antisocial behaviour escalates, by issuing a direction to the individual to get them to leave a specified area for up to 48 hours.

The new dispersal power must be authorised in writing by an officer of at least the rank of inspector, specifying the grounds on which it is given, which is an important safeguard. Furthermore, authorisation may be given and the dispersal power may be used only after regard has been had to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the European convention on human rights.

Local councils can also use public spaces protection orders to ensure that the law-abiding majority can use and enjoy their public spaces safe from nuisance and disorder. The order can be used to deal with a particular nuisance or problem in a particular area. This power is available to local councils and works by allowing the council to impose conditions on the use of a public place, which apply to everyone, to certain categories of people at certain times or in specific circumstances.

The test for issuing the order will be that the local authority reasonably believes that the behaviour is or will be detrimental to the local community’s quality of life, and that the impact justifies restrictions being put in place. The behaviour must also be, or likely to be, continuing or persistent and unreasonable. Such an order must also be published in accordance with regulations made by the Secretary of State to ensure that people are properly informed that it is in place.

Before using this new power, however, the local council must consult the chief officer of police, the police and crime commissioner, the owner or occupier of the land and any representatives of the local community they consider appropriate. This could involve people living nearby or regular users of the space. Again, such an order may be made only after consideration has been given to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the convention. A public spaces protection order, for example, can be used to restrict the consumption of alcohol in a public place when the requisite test has been met.

My hon. Friend asked whether councils should provide a 24-hour helpline so that people may report instances of antisocial or threatening behaviour. That is, of course, a matter for councils to determine, although discussions take place in partnership with police and police and crime commissioners. No doubt my hon. Friend will wish to continue to raise the issue with Manchester city council.

Manchester was one of four areas that trialled the “community trigger”, which proved in several cases to be an effective way of ensuring that action was taken to deal with persistent or previously overlooked antisocial behaviour. We want information on how it can be used to be made widely available to the public. The trigger can be exercised not just by victims themselves, but on behalf of victims—with their consent—by, for instance, a friend or carer, or, indeed, by a councillor or Member of Parliament.

Let me again congratulate my hon. Friend on securing this important debate. I hope that I have been able to make clear how seriously the coalition takes the issue when it occurs, in Greater Manchester and elsewhere, and to explain the steps that have been taken to improve the response. It is still early days for the new antisocial behaviour powers, and we will continue to work on their use with front-line professionals.

Question put and agreed to.