Offensive Weapons Bill

Lord Coaker Excerpts

Ping Pong: House of Commons
Tuesday 26th March 2019 Commons Chamber

[Victoria Atkins]

If the hon. Gentleman will forgive me, I must move on because I am conscious that others wish to speak.

Let me return to KCPOs. I know that the shadow Minister has tabled some amendments, and I will deal with them in a moment. On the question of age and the concern that youth offending teams must be consulted, we have included in the Bill a requirement that youth offending teams must be consulted on any orders for people under the age of 18. We have also said that we will consult publicly on the guidance with community groups, youth organisations and others before these orders are brought into force.

[Vernon Coaker (Gedling) (Lab)]

Before the Minister finishes discussing prevention orders, will she tell the House a little bit more about the pilots? How many pilots are there going to be, when are they going to start and how long will they last? Given the urgency of implementing this legislation and the concerns that have been raised, will the Government report back to the House on how the pilots have operated, so that we have a further opportunity to amend and adapt the measures if necessary?

[Victoria Atkins]

Yes. I am grateful to the hon. Gentleman for raising the pilots. Some of the concerns raised today were also raised in the other place, so their lordships saw fit to insert an amendment regarding piloting. I hope that it gives some comfort to the House that we will pilot the provisions in one or more specified areas in England and Wales. We have not yet determined which forces will have the privilege of starting these pilots. The second condition of piloting is that the Secretary of State will lay before Parliament

“a report on the operation of some or all of the provisions”

relating to KCPOs, so the House will be fully updated on the progress. I am sorry that I cannot give the hon. Gentleman more details regarding the operational aspects of the pilots at this precise moment in time, but I want to deal with the amendments tabled by the shadow Minister.

Amendments (b) and (c) to Lords amendment 7, and amendment (a) to Lords amendment 14, would make it a requirement for the police to obtain—and, by implication, for the youth offending team to produce—a pre-injunction report, including an assessment of the defendant, before making an application on conviction, or otherwise than on conviction if the defendant is under the age of 18, and to provide that report to the court as part of their application. It follows from this proposed amendment that the outcome of the consultation should be available to the court. The requirement to consult is an important safeguard to ensure that the youth offending team has a chance to influence the process, and we expect the YOT’s view to be before the court when it is considering the application. We will state in guidance that we expect the police and the Crown Prosecution Service to share with the court the outcome of the consultation with the youth offending team, and we will reinforce the message during the pilots that the applicant police force should share the outcome of the YOT consultation with the court.

Amendment (c) to Lords amendment 12 would also set down a requirement in relation to a pre-injunction report. Again, we believe that the requirement to consult the youth offending team addresses this, and I am not persuaded that it would be appropriate to include a requirement to consult the youth offending team if an application without notice were made, given the urgency of such applications. However, the consultation requirement must be fulfilled before the full hearing takes place.

Amendment (d) to Lords amendment 7 is not needed. The Bill already provides a power for the court to require evidence from the individual responsible for promoting, supporting and monitoring compliance with any requirement included in the order. That individual could be the youth offending team, but it could also be a community group or a charity, for example. Let me remind the House that the police fully support the provisions in the Bill as they stand in the Lords amendments that we have tabled in the Home Secretary’s name. There are already safeguards in the Bill to ensure that the orders are proportionate and that the views of the youth offending teams are taken into account during the application process. I therefore ask the shadow Home Secretary and the hon. Member for Sheffield, Heeley (Louise Haigh) not to press their amendments.

Amendment (a) to Lords amendment 23 requires a report to be laid before Parliament on the outcome of the pilots. I would expect that, as has already been set out in our amendment, a report will be laid before Parliament about the success or otherwise of the pilots, and that KCPOs will be the subject of ongoing scrutiny.