Clause 27 — Increase in penalty for offence

Part of Coroners and Justice Bill – in the House of Commons am 1:45 pm ar 12 Tachwedd 2009.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of James Brokenshire James Brokenshire Shadow Minister (Home Affairs) 1:45, 12 Tachwedd 2009

We are obviously pleased that the Government have listened to a number of points made in Committee and during the course of the Bill's passage. I was very pleased to note that the Minister accepted that the need for clause 27 was questionable on the basis, as he said, that no one had actually received the current £500 fine up to now. As the British Retail Consortium put it in its briefing note on this clause:

"no person since 2004 has been given a fine of more than £250 meaning that the current fine of £500 has never been used. We do not understand the logic of altering at this time."

It is perhaps not too surprising that the Government have now rethought their approach and having put the measure in have, on reflection, decided to take it out. However, in doing so the Minister needs to clarify whether the intent is in any way to move more down the summary justice route for this offence-the "policing by parking ticket" approach or conditional caution culture that has been talked about so much in recent weeks and months.

One of the rationales behind increasing the fine, as we understood it in the context of how the debate was articulated, was to send out a strong message about the seriousness of the offences, but the corollary of reversing this change should not, in our judgment, be seen as any suggestion that this offence should not be taken seriously. Will the Minister comment on whether this issue is at the forefront of his mind and whether his Department anticipates issuing any further guidance or indication as to the way in which these sorts of offences should be dealt with?

Lords amendments 26 and 27, which relate to clause 31, are an improvement on what we had before, but we still question whether the most appropriate way in which to deal with a child who represents a risk of disorder is simply requiring that child to leave. I welcome the fact that a constable using the power contained in section 27 of the Violent Crime Reduction Act 2006 may remove a young person whom he or she suspects to be under 16 to a place of safety or a place where that person resides, but the key word is "may".

This is, of course, connected with the issue of discretion. The Minister will doubtless seek to rely on amended guidance to address the dispersal of those under 16, and on the police's duty under section 11 of the Children Act 2004 to have regard to safeguarding and promoting the welfare of children in carrying out their functions. Nevertheless, it is difficult to see how moving on a 10, 11 or 12-year-old who is at risk of causing disorder can be the most appropriate course of action. Surely at the very least there should be a presumption that a teenager falling within the ambit of those provisions should be taken home, or to a safe place. If a child is at risk of offending, that should be flagged up to ensure that the offending does not subsequently occur. We should be talking about prevention, and about the need to address the risk by more concerted action than simply moving the problem to a different location.

I understand the point that was made about large groups of teenagers. Perhaps it is in that context that the Government seek to extend the power to deal with those under the age of 16. However, the amended power needs to be used with great care. The well-being and welfare of young children-let me put it that way-must be at the forefront of what we are trying to achieve. Our aim must be to prevent them from offending and to ensure that their own safety is not put at risk in any way.

Lords amendment 29, which would insert a new clause after clause 32, concerns interested parties. In Committee, we discussed the absurdity of the current position. Local councillors seem to be unable to issue objections to licensing applications in their own areas if they live outside a restricted zone containing the licensed premises. I think that ensuring that the interests of local communities in respect of the licensing laws are properly reflected is a move in the right direction, but in our view that is only a start. Much more fundamental reform of the licensing laws is required to rebalance the provisions in favour of local communities and local authorities.

We look forward to continuing the debate on more effective use of licensing powers to control the excesses of alcohol in communities and to start to deal with the abuses that binge drinking has brought, and continues to bring, to many of our neighbourhoods and communities throughout the country.