Anti-social Behaviour (Authorised Persons) Order 2015

Lord Rosser Excerpts

Tuesday 3rd March 2015 Grand Committee

[Lord Rosser (Lab)]

I have read the proceedings on this order, which took place in the other place on 23 February. The noble Baroness has just explained the purpose of the order. There is really only one issue that I want to raise, arising from the response given by the Minister in the Commons during the debate on the order.

The Minister in the Commons was asked to confirm the date by which she expected all the provisions in the Act to be fully enforced, particularly the injunctions to prevent nuisance and disorder, for which it was believed the regulations were still awaited. In reply, the Minister said that there was one outstanding provision,

“which is the civil injunction to replace the antisocial behaviour order”.

She went on to say that:

“While all the other powers were introduced in October 2014, except the one in the order”,

which they were debating and which we are debating today,

“the civil injunction is yet to be commenced. It has been delayed due to the need to consult and to make arrangements for legal aid changes to support its introduction. Agreement to publish the Government response to the legal aid consultation was delayed while the Home Office and the Ministry of Justice came to a final agreement on the costs of implementation and meeting additional costs arising from commencement. Subject to Parliament, we now expect the civil injunction to commence on Monday 23 March”.—[Official Report, Commons, Third Delegated Legislation Committee, 23/2/14; col. 6.]

The answer given by the Minister in the Commons during debate on this order related to the introduction of the injunctions to prevent nuisance and annoyance. Those injunctions have to be obtained through the Crown Court, albeit there is no criminal sanction for breaching them. The IPNAs have not yet been brought in and the answer from the Commons Minister suggested that there had been a bit of a difference of view between the Home Office and the Ministry of Justice over the cost of implementation and meeting additional costs arising from their commencement, presumably including legal aid, in the light of the Crown Court’s involvement.

Can the Minister give an assurance that this argument between two government departments, which the Minister in the Commons revealed, has definitely now been resolved? Can she say what the costs and additional costs to which the Commons Minister referred cover, and what they amount to? Can she also clarify the Commons Minister’s statement that subject to Parliament, “we now expect” the civil injunction to commence on Monday 23 March? Presumably, a further SI will be required to bring in the IPNAs. Can the Minister confirm whether that is the case, when that SI will be before this House and the House of Commons, and whether the Government are still saying that they expect the civil injunction to commence on Monday 23 March or are now saying that it will commence then, subject to Parliament? Finally, is there any likelihood that the IPNA will not commence prior to the Dissolution of Parliament, unless it is because Parliament has rejected the necessary SI?