Anti-social Behaviour, Crime and Policing Bill

Lord Paddick Excerpts

Tuesday 14th January 2014 Lords Chamber

[Baroness Butler-Sloss]

I understand the point and I would hope that there would be an appeal system so that at some stage this issue would come before the Court of Appeal, which would deal with it appropriately.

[Lord Paddick (LD)]

My Lords, I am very grateful to my noble friend the Minister for accepting the amendment suggested by my noble friend Lady Hamwee which excludes offences committed by young people and excludes minor offences as well. However, I share other noble Lords’ concerns about this additional sanction. As I said in Committee, in the aftermath of the riots a couple of years ago, the courts clearly showed how seriously they took offences committed during a riot—far more seriously than if those offences had been committed at some other time. It does not appear to be necessary to have a further sanction in order to deter rioters. The noble and learned Baroness, Lady Butler-Sloss, said that this is a power given to the courts. I am a great believer in the courts and in the fact that they will make the right decisions. But I fail to see why we need this power. I cannot think of circumstances where a court would allow such an order to be made. Therefore, I see this power as being superfluous.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I want to repeat a point I made briefly at Second Reading, following up on the point made by the noble Baroness, Lady Hamwee, about Wandsworth Borough Council. I, too, checked with serving councillors regarding what happened subsequent to the 2011 riots. It is my information that the council did not pursue the repossession of its property. Although it had the powers, the council decided that it was not in its interest or that of the tenants to pursue the matter. Therefore, I agree with the points that have been made by the noble Lord, Lord Paddick. One has to question the motivations of the Government for pursuing this legislative change when a council which sees itself as a flagship of the Conservative Party has not pursued the avenues that were open to it.