Anti-Social Behaviour, Crime and Policing Bill

Gordon Marsden Excerpts

Monday 10th June 2013 Commons Chamber

[Mr Gordon Marsden (Blackpool South) (Lab)]

It is a pleasure to follow the hon. Member for Cambridge (Dr Huppert). I should like to associate myself with his concluding remarks about guide dogs, and to commend the Guide Dogs for the Blind Association for the spirited campaign it has led on the subject.

It is a great pleasure to speak on a subject of obvious concern to everybody in the country. Like my right hon. Friend the Member for Leicester East (Keith Vaz), the Chair of the Select Committee on Home Affairs, who spoke earlier, I have been in the House since 1997, and I can genuinely say that antisocial behaviour has been at the centre of my casework, both in terms of concerns that people have raised, and of the relief and respite that has been brought about. This is a continuing process; no Government have a monopoly on virtue or effectiveness. However, I want to emphasise that the Labour Government made significant strides in combating antisocial behaviour, and in putting victims at the heart of the justice system; I recall the surprise at that in more conservative legal circles in the early days of that Administration. Mercifully, we have moved on since then.

The controls put in place for statutory partnerships under the Crime and Disorder Act 1998 have been enormously important to us in Blackpool, where partnerships between the police, local authorities and others to tackle crime and disorder have worked extremely successfully. I want to make a point that is specific to my constituents and to the town: like many seaside and coastal towns, and many inland towns with a high degree of transience, in Blackpool issues associated with houses in multiple occupation and the problems faced by a minority of rogue landlords and rogue tenants have been very much to the fore. As the House of Commons research paper makes clear, antisocial behaviour injunctions have been valued by social landlords; they have been used successfully against tenants in attempts to tackle vandalism, violence, noise, harassment, and threatening and un-neighbourly behaviour.

As my right hon. Friend the shadow Home Secretary made clear, none of this can be done without resources. That is why it was very important that more than 12,000 extra police, and more than 16,000 police community support officers, were introduced under the Labour Government, including in Lancashire, which has particularly benefited from the beefed-up powers that were provided.

What are the issues that any antisocial behaviour Bill should at least touch on and try to address for my constituents in Blackpool? First, there is the question of disorder, particularly in the centre of the town. As many people know, we have millions of visitors every year. Most of them are a delight, but a small proportion are not. The same is true of residents. Problems such as alcohol, petty crime, drugs and general threatening behaviour have always loomed large. Secondly, the issue of houses in multiple occupation is really important. I praise the work done over a long period by the public protection department of Blackpool council, ably headed by Tim Coglan, all who have worked with him, and the cabinet member with responsibility for housing, Councillor Gillian Campbell.

I should like to quote from a couple of letters that I received recently that underline some of our problems. A hotelier—it should be borne in mind that there are some 600 hotels and guesthouses in my constituency—said:

“I run a hotel with my partner situated…in South Shore. We unfortunately have a HMO adjoining us…and one opposite…Both properties have drug and alcohol problems and are situated with ourselves in the ‘Holiday Zone’.

We persistently suffer ‘users’ calling up at the flats for drugs, the police are constantly parking outside our hotel to visit our neighbours. The flat adjoining our hotel on the first floor have dogs, who are rarely taken out of the flat.”

The good news in this story is that Blackpool council, together with other organisations, is working on this. I quote the letter I received from the council:

“Officers of the Housing Enforcement Team have been tackling issues...one of the problem tenants has already been evicted and the managing agents…are in the process of re-housing the tenants with the dogs.”

Another letter from another part of the town mentions the importance of alley gates, which have been a particularly effective way of dealing with antisocial behaviour in Blackpool.

[Stephen Barclay (North East Cambridgeshire) (Con)]

On HMOs and antisocial behaviour, including in alleyways, are there not already powers available to councils? The issue is whether councils are using the powers they already have, rather than whether new powers are required under the Bill.

[Mr Marsden]

I am grateful to the hon. Gentleman and I do not disagree with him on the powers, which are already there. What is important is enforcement by councils, and the resources that are available to them. Sadly, Blackpool council’s ability to do the stuff it would like to on alley gates has been severely hindered over the past couple of years by substantial cuts in funding from the Department for Communities and Local Government.

Police and community support officers are crucial, particularly now, when we have problems not just with houses in multiple occupation, but with houses that are bought at low prices when owner-occupiers move out, and landlords rent them out to problem families. I have many examples of that. I pay tribute to the activities undertaken in our town by the police and the community together. I am thinking of a group, ably chaired by Mr Dave Blacker, who are concerned about their PCSOs. Issues of funding and what might be available from Government have come to the fore.

Other really important issues are vandalism—Stanley park and other parts of the town have been badly affected by it recently—metal theft, the protection of war memorials and dumping. Those are all issues on which PCSOs can make an important contribution. That is why we need to look critically at what the Government are doing in the Bill. The crime prevention injunction—the proposed replacement for an antisocial behaviour order—is significantly weaker. A breach of the new injunction is not a criminal offence and will not result in a criminal record. Other proposed measures against antisocial behaviour also appear weak. The Government’s proposed community trigger has seemed weak in the areas in which it has been trialled, as my right hon. Friend the shadow Home Secretary made clear earlier. As her colleague, my hon. Friend the Member for Ashfield (Gloria De Piero) said, breach of ASBOs was a criminal offence; breach of injunctions to prevent nuisance and annoyance is not. Nor does the Bill guarantee a response from the police or the council. It guarantees a review. In my region, the north-west, police in Manchester recorded nearly 26,000 cases of antisocial behaviour in 2012-13, but the trigger was activated a mere four times.

When it comes to tackling antisocial behaviour, the elephant in the room is the way the Government have cut the police budget. Police community support officers, who are so often at the forefront in tackling day-to-day antisocial behaviour, have been hit particularly hard. That has led to Lancashire losing 9% of our front-line officers in the first two years of this Tory-led Government, and 500 police officers.

I shall touch briefly on knife crime, which has been a key issue in Blackpool. The Government have, to be fair, introduced a new crime of “threatening with article with blade” in public or on school premises, but the Prime Minister told MPs in recent months that the Justice Secretary was reviewing the powers available to the courts to deal with knife possession, and the Lord Chancellor has said he is revisiting the whole topic of knife crime. As my right hon. Friend the shadow Home Secretary rightly said, this is a Christmas tree Bill. It is unfortunate that the outcome of those reviews has not informed the detail of the Bill.

The topic of firearms has been touched on. I entirely associate myself with the comments that have been made about the dangers presented by people with a history of domestic violence. We know that only too well in Blackpool from the Justice for Jane campaign, which concerned the case of a young woman who was tragically murdered by her partner, who had a history of domestic threatening and violence. Such ticking time bombs need monitoring, and the Government should be monitoring some of them far more carefully and providing the legislation that would make that possible.

Lastly, I return to the subject of dangerous dogs. I have not been convinced by what the Home Secretary said. Many other organisations—not just the RSPCA, Battersea Dogs and Cats Home, Blue Cross and the Select Committee—feel that the proposals, rather like my 15-year-old Jack Russell-Chihuahua cross, are somewhat toothless. Dangerous dogs are a real problem and they need a special and specific remedy. I know that only too well from my former colleague in the House, Joan Humble, who almost lost the tip of her finger when canvassing in Blackpool in 2012. These Government measures, as has been said, are simply too weak. Instead of these piecemeal proposals, the introduction of dog control notices would be wide ranging and enforceable in the sorts of areas that have been discussed.

[Robert Flello]

I am enjoying my hon. Friend’s speech immensely. Does he agree that there is a need for a much wider look at issues such as dog breeding? A raft of related issues needs to be addressed properly. Does he agree that taking all the dog-related measures out of this Christmas tree Bill and consolidating them in a single piece of legislation would be a better way forward?

[Mr Marsden]

I hear what my hon. Friend says. In an ideal world he would be correct, but unfortunately we heard from the Home Secretary this evening her extreme reluctance to admit that anything other than the general and mixed powers presented in the Bill would do the business. I hope that in Committee and on Report, some of the issues can be addressed far more forcefully than they were by the Home Secretary this evening. In particular, the public spaces protection orders are too sweeping and vague in many respects to deal with what is proposed. The Battersea Dogs and Cats Home briefing makes these points far more eloquently than I can. It also makes the point that dogs that pose no danger to public safety should remain with an owner of good character while an application to the court for an exemption takes place.

About 5,000 postal workers every year are attacked by dogs. Seventeen people, including children, have been killed in dog attacks since 2005, including one in Blackpool in 2009. I welcome, as do Members in all parts of the House, the Government’s proposal to extend prosecution and to extend responsibility to private property, but given what has been said in the House this evening I wish the Government would take the opportunity to think more carefully and substantially about the broader range of dog control measures I have mentioned. They might also consider what many people see as a good—or should I say poor?—example of what happens when we legislate in haste: the Dangerous Dogs Act 1991.

I mentioned my dog earlier. Sadly, her partner died earlier this year. She was a Staffie-Collie cross, and I am sure she would have agreed, as I do, with what the Communication Workers Union said: that we should be legislating for deed and not for breed. I hope the Government will take the opportunity to remedy that, if not in the Bill, then at some point.