Anti-social Behaviour, Crime and Policing Bill

Debate between Lord Hope of Craighead and Lord Paddick

Wednesday 20th November 2013 Lords Chamber

[Lord Hope of Craighead]

I add just a short point to what the noble Baroness has said. When one looks at the draft guidance at page 26, one can see what the Government are thinking of here. The point is made that making the public aware of the perpetrator and the terms of the order can be an important part of the process in tackling anti-social behaviour. One can follow the thinking behind that proposition. When one reads on, however, one sees that there will be circumstances in which either the police or the council may decide not to publicise the fact that an IPNA has been made. It seems to me that the power—or the discretion, perhaps one should say—to decide whether or not publicity should be given is being taken away from the court and given to the police or the council. Will the Minister explain why that is being done, bearing in mind the point that the noble Baroness has made about the discretion which exists within Section 49?

It is a very big thing to take away from the court the power to restrict publicity, bearing in mind the reach of the whole of Part 1, which is what we are concerned with, including Clause 5, which permits an application for an injunction to be made without notice being given to the respondent. The court would have no power to stop the press if they happened to be there reporting what had taken place. It would be a very serious matter to go as far as the clause goes without a full explanation why exercise of discretion is being taken away from the court and being given to the police or the council, who are not answerable to the court for what they do.

[Lord Paddick (LD)]

My Lords, I speak from personal experience of dealing with the previous regime under ASBOs. There was a tendency among some local authorities to publicise how many ASBOs they had been granted by publishing a rogues gallery of photographs of people against whom ASBOs had been granted. This was done for political purposes, not to pursue the ends of justice. Some young people thought that having an ASBO against them—or, in this case, an IPNA—was a badge of honour that they could show off to their mates. They were young people with a juvenile attitude. It almost encouraged them to breach the ASBO because their picture had been publicised and they had local notoriety. There is a danger that this provision could make what was a very unhelpful situation under the previous regime even worse.