Respect Orders and Antisocial Behaviour

Debate between Diana Johnson and Andrew Murrison

Wednesday 27th November 2024 Commons Chamber

[Dame Diana Johnson]

My hon. Friend is absolutely right: we want to address issues such as street drinking and taking drugs. The whole idea of a respect order will be restrictive in the sense that an individual may be told that they can no longer be in a certain area, such as on the high street, in a town centre or in a park. However, positive conditions will also be attached: if there were issues around someone street drinking, they could attend courses for alcohol addiction; they could attend courses or treatment for drug addiction; if it was appropriate, they could attend courses on anger. In that way, we will be dealing with the problem in the area, but also trying to treat the underlying issue with the individual who has caused the antisocial behaviour.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

I certainly support the Minister’s intent in bringing this forward, but I am still struggling to understand what the material difference is between these respect orders and antisocial behaviour orders. If it is the case that they are materially different, will the Minister say in what respects they are, and will she say to what extent that will be based on perception by a complainant? We have recently had considerable controversy around perception of an allegation and its effects in non-crime hate incidents, which has caused all manner of problems and bogged the police down in a whole load of controversy. I am sure the Minister would want to avoid that with this particular measure.

[Dame Diana Johnson]

I say first to the right hon. Gentleman that changes were made to the antisocial behaviour legislation in 2014; in fact, it was weakened. The Conservatives and Liberal Democrats in coalition decided to weaken the antisocial behaviour powers that the previous Labour Government had brought in. That is the first thing to mention.

What we have ended up with are the civil injunctions. As I tried to explain earlier on—perhaps I need to do it again, and be a little clearer—civil injunctions can be issued for antisocial behaviour, but if they are breached by someone behaving antisocially in a town centre or on a high street, the police have to go to court to prove the breach. That is the issue. They cannot be arrested, and the antisocial behaviour cannot be stopped at that point. There is a process that has to be gone through. With the respect orders, there will be an automatic arrest for breach, which means action can be taken far more quickly. That is the key point.

The criminal behaviour orders, which we discussed earlier as well, can be attached only to someone who has been convicted. Those orders are about trying to nip the antisocial behaviour that is causing “harassment, alarm or distress”—that is the definition that is used. That is the level necessary to be able to apply for a respect order.

I hope that explains to the right hon. Gentleman the difference and why we think the way to go forward is to deal with things through arrest and get people in front of a court if they breach respect orders.