Anti-social Behaviour, Crime and Policing Bill

Lord Elton Excerpts

Tuesday 14th January 2014 Lords Chamber

[Baroness O’Neill of Bengarve (CB)]

My Lords, I wonder whether the Minister could address the case of the adult child of a tenant who is away at university but whose place of permanent residence remains the family home and who gets involved in a riot—a serious matter—in or near the university. Would it be the case that in those circumstances the parent stands to lose their tenancy?

[Lord Elton (Con)]

If your Lordships will permit a latecomer—almost an interloper—to ask just one question, would my noble friend be kind enough to tell me what exactly is the definition of the members of a household? I take it that it includes anybody who has been given or lent a room at the time. Would it include anybody who is paying the tenant for a room? It would obviously not include anybody who was paying the landlord for a room. In other words, is there any necessity for there to be a familial or emotional connection, or any other close connection, with the other members of the household?

[Baroness Butler-Sloss (CB)]

My Lords, I regret that I was not able to be present for the Committee stage of the Bill. As the House knows, there were various clashes of other important Bills at the same time, so I come new to this issue. It seems to me that what the Government are trying to do here is to give an additional power to the courts. That point has not yet been made by anyone, other than the Minister. It is of course a matter entirely for the court whether or not such an order is made. I see that Clause 91(1) refers to,

“grounds on which court may order possession … if it considers it reasonable”.

It seems to me that if a university student, who is almost certainly over 18, goes AWOL and behaves extremely badly in university precincts but has a mother and three young siblings living in the house, the mother will have absolutely no control over the young man at university. She probably does not even have any financial control these days. The court would be certain to look at the hardship of the situation and this would be a circuit judge in the county court. I am not particularly keen on this addition to the powers of the court but I would find it difficult to believe that a court would act other than justly and with mercy in situations that would require it.

--- Later in debate ---

The noble Baroness, Lady O’Loan, asked about the time limit. For future rioting there is no time limit, but this legislation is not, of course, retrospective as regards the 2011 riots; I think noble Lords will understand that. If a person were convicted of a riot-related offence in future years, it could be pursued over time. The courts will consider whether it is reasonable for it to be pursued. Indeed, reasonableness lies at the bottom of the court’s discretion in all cases.

[Lord Elton]

Forgive my ignorance, but it is important to get this right, and I am left in doubt. The noble and learned Baroness, Lady Butler-Sloss, said that this was a power given to the court, but earlier the Minister spoke as if the discretion lay with the housing authority. Who actually makes the decision in such cases?

[Lord Taylor of Holbeach]

The court does not initiate the action; the housing authority does. The court makes the decision as to whether the action is reasonable. That is the difference. I think all noble Lords would understand that, and I hope I have not confused anybody by any of the ways in which I have described the decision-making process. The point is that there are checks and balances in such a process. Housing authorities live with them all the time.

I was specifically asked about adult children at university, not living at home and therefore being largely out of the control—or rather, beyond the influence—of their parents, because of the distance involved. The key word is “reasonableness”. It seems to me very unlikely that a landlord would seek possession in those circumstances, and I doubt very much that any court would grant possession on that basis.

I think it would be a mistake to remove Clause 91 altogether. We in this House have a duty to remember victims: the families whose homes are wrecked and whose jobs are lost. The noble Baroness said the fact that an action has taken place 100 miles away makes no difference. I disagree with her. The consequences of these actions affect people in their homes and in their work. It is important that we make people aware of their responsibility to others through the law and that potential rioters bear in mind that there may be consequences for their tenancy wherever they choose to wreak havoc. This clause does that. It should serve as a deterrent and shows that the public’s views on this issue are not being ignored by the Government. I beg to move.