Draft Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Anti-social Behaviour and Prevention and Investigation Measures) (Miscellaneous Amendments) Order 2026 Debate

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Department: Ministry of Justice

Draft Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Anti-social Behaviour and Prevention and Investigation Measures) (Miscellaneous Amendments) Order 2026

Kieran Mullan Excerpts
Wednesday 1st July 2026

(1 month ago)

General Committees
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Kieran Mullan Portrait Dr Kieran Mullan (Bexhill and Battle) (Con)
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It is a pleasure to speak on behalf of the official Opposition in support of this statutory instrument. Over a million anti-social behaviour incidents are recorded by the police every single year in England and Wales. That is not a statistic that should wash over us; behind every one of those incidents is a pensioner who is afraid to walk to the corner shop, a shopkeeper who has been harassed and threatened, or a community that has been slowly ground down.

When the Government brought forward the Crime and Policing Act, we supported the creation of respect orders; in fact, we wanted them to go further. My hon. Friend the Member for Stockton West (Matt Vickers) tabled amendments in Committee that would have lowered the age of eligibility from 18 to 16. We argued for a fine on a second order, for a maximum prison term of five years for repeated breaches and for those who receive repeated orders to be deprioritised on social housing lists. The Government did not accept all those amendments; I still think they were right and the legislation would have been stronger, but we are where we are, and what matters now is that the respect order regime works as intended and in line with our other measures.

What makes respect orders different from what came before is simple: a breach is now a criminal offence and police can arrest immediately. There are no more long waits for civil contempt proceedings and no more watching someone breach their order again and again with no immediate consequences; when someone is made subject to a respect order, they face serious consequences if they breach it. Their liberty is at stake, and it is right that people in that position can access legal advice in line with our criminal norms, not because we are soft on anti-social behaviour, but because a fair system is a stronger system, and an order made appropriately with appropriate legal process is an order that will stick.

This instrument, as the Minister explained, extends the legal framework for access to criminal aid not just to respect orders but to youth injunctions and housing injunctions under the Crime and Policing Act. We support that. Young people facing injunctions and residents facing housing injunctions deserve clarity on their rights. Although the position of the official Opposition is to support the SI, where we feel the intent and the legal aid provision are right, the Government must ensure that the police and court can handle what follows in the operation of these orders. Those of us who have been involved in policing and politics have heard various iterations of attempts to get anti-social behaviour under control over various Governments and many decades, and this is just the latest version of it. We need something that will work; communities across this country are tired of tolerating anti-social behaviour. Respect orders can be part of the answer, and the official Opposition will keep pressing to ensure that they are delivered as intended.