Question proposed, That the clause stand part of the Bill.

The Chair::

With this it will be convenient to discuss the following:

Amendment 144, in clause 66, page 58, line 18, at end insert—

“in subsection (4), after ‘48 hours’ insert—

‘, unless—

(a) the individual has been issued with a direction under this section, relating to the same or a substantially similar or related location or behaviour, on one previous occasion, in which case the exclusion period may extend to seven days;

(b) the individual has been issued with a direction under this section, relating to the same or a substantially similar or related location or behaviour, on more than one previous occasion, in which case the exclusion period may extend to twenty-eight days.’”

This amendment would allow for longer exclusion periods under section 35 of the Anti-social behaviour, Crime and Policing Act 2014 for individuals who receive more than one such direction.

Clauses 66 and 67 stand part.

Amendment 145, in clause 68, page 58, line 37, at end insert—

“(2) Within twelve months of Royal Assent to this Bill, the Secretary of State must lay before Parliament a report on police use of the power to make public spaces protection orders and expedited orders under Chapter 2 of Part 4 of the Anti-social behaviour, Crime and Policing Act 2014 (as amended by this Bill).”

This amendment would require the Secretary of State to produce a report on the police’s use of PSPO powers.

Clause 68 stand part.

That schedule 6 be the Sixth schedule to the Bill.

Clause 69 stand part.

That schedule 7 be the Seventh schedule to the Bill.

Clause 70 stand part.

Government new clause 21—Dispersal powers: removal of senior police officer authorisation.

Government new clause 22—Dispersal powers: extension to local authorities.

This is quite a large group of amendments, but I shall try to be concise. Before I turn to new clauses 21 and 22, which I have tabled with the Under-Secretary of State for Justice, my hon. Friend the Member for Newbury, let me set out briefly why clauses 65 to 70 and schedules 6 and 7 should be included in the Bill.

The Government have a strong track record on tackling antisocial behaviour. In March 2023, we launched our antisocial behaviour action plan, which was backed by £160 million of new funding. The plan sets out a new framework for the Government, police forces, police and crime commissioners, local authorities and other partners, including housing associations and youth offending teams, to work together to prevent and tackle antisocial behaviour.

Off the back of the action plan, we launched the community safety partnership review and the antisocial behaviour powers consultation in March 2023. The consultation included a range of proposals to strengthen the powers in the Anti-social Behaviour, Crime and Policing Act 2014. The majority of respondents supported most of the proposals and, as a result, we are taking the opportunity presented by the Bill to back our police, local authorities and other partners to do even more to tackle the blight of antisocial behaviour.

Clauses 65 to 70 make provision for strengthened ASB powers as consulted on last year. Clause 65 provides that a power of arrest can be attached to any civil injunction by the court where it deems it appropriate. Clause 66 extends the period for which a dispersal direction can be in place from 48 hours to 72 hours and, following the issuing of a closure notice, extends from 48 hours to 72 hours the timeframe available to the relevant agency to apply to a magistrates court for a closure order.

Clause 67 amends community protection notices, to which the hon. Member for Nottingham North referred, to lower the age at which they can be given from 16 years to 10 years, bringing them in line with the criminal age of responsibility and the age at which civil injunctions might apply. Clause 68 and schedule 6 give police, in addition to local authorities, the power to issue public safety protection orders. Clause 69 and schedule 7 enable registered social housing providers to use both the closure notice and the closure order to quickly close premises that are being used, or are likely to be used, to commit nuisance or disorder. Clause 70 expands the community safety accreditation scheme so that CSAS officers can impose fixed penalty notices for a wider range of offences, and it increases the upper limit of the value of those FPNs from £100 to £500.

Finally, Government new clauses 20 and 21 build on those provisions by further reforming the dispersal powers provided for in part 3 of the Anti-social Behaviour, Crime and Policing Act. The powers will help the police and others, including local authorities, to tackle antisocial behaviour, and follow a consultation that we ran last year. On that basis, I hope that the Committee can accept the proposals.

Amendments 144 and 145 were tabled by the Opposition, so it would be courteous and appropriate to respond to them once the hon. Member for Nottingham North has had the opportunity to speak to them.

Antisocial behaviour is a scourge on communities, and it is right that in legislation of this type we seek to ensure that police and local authorities have the correct tools to combat it. This is an issue about which our constituents have serious concerns and, like all right hon. and hon. Members, I have lots of conversations about this with people locally. Tackling antisocial behaviour is one of their top priorities, so we are broadly supportive of the measures in the Bill, although we might have gone a little further.

We have to ground this debate in a conversation about why we are where we are. We should test the effectiveness of the Government’s action on antisocial behaviour, but the roots of the challenges lie in a diminution of neighbourhood policing: there are still 10,000 fewer on the frontline, and our communities have suffered as a result. A move away from proper problem-solving, problem-oriented policing has led us to a lack of focus on the issue. That is why we have many more challenges than we would like.

Clause 66 relates to the maximum period a dispersal order can be in place. We have no problem with increasing it from 48 hours to 72 hours. Currently, the dispersal powers can be used only when authorised by an officer with the rank of inspector, but that will be changed by new clause 21. What rank of officer does the Minister think that power best sits with, and what oversight will there be?

Amendment 144 to clause 66 seeks to go further in the case of repeat offenders. It would provide that if an individual or group of individuals has been subject to a notice to quit or dispersal order for 72 hours, it could on a second occasion be extended to seven days and on a subsequent occasion to 28 days. It is an attempt to make things harder for those who do this repeatedly and to make the punishment a little more robust. I am interested in the Minister’s views on that.

Clause 67 reduces the minimum age for a community protection notice from 16 years to 10 years. I appreciate that in a small number of cases the 16 threshold is too high and misses out on some significant disruption, even though it is perpetrated by some very young people—indeed, children. As we heard in our evidence sessions and in written evidence, however, we have to start from the understanding that children are far more likely to be victims than perpetrators of antisocial behaviour. Again, I hope that the Minister can tell us that the notices are expected to be used as a last rather than a first resort in the case of children, and that he can tell us what support would follow from them.

Amendment 145 to clause 68 relates to public spaces protection orders, or PSPOs. They were introduced by the 2014 Act, which I was talking about earlier, and are granted by the courts on application from local authorities. Clause 68 means that the police will be able to apply as well. I understand the rationale, and the Government have consulted on the measure, so we are not opposed to it in principle. However, allowing bodies other than local authorities to initiate the orders is a change of approach that takes the orders away from local democratic accountability and local council oversight. There will be oversight from police and crime commissioners, but they have a strategic and operational relationship with their police forces that is distinct from the relationship that councillors have with the decisions of their council, so there is a variance there in terms of democratic oversight.

The amendment would provide for a reporting requirement. The Minister is perhaps tired of responding with boilerplate language about such requirements, but they are a common and effective tool—well, they are definitely a common tool for Oppositions, and they are important way for us to be clear with the Government about what guardrails there are. The amendment would allow us to have a look at how the powers work. It might also—I do not think my remarks are out of scope, but I know you will tell me if they are, Sir Graham—give us a chance to reflect on powers that are unused. The Public Order Act 2023 allowed for PSPOs to be used in the case of buffer zones around abortion clinics. It is my understanding that that provision has not commenced yet. Can the Minister tell us when those powers will be commenced? I do not think the amendment places a hugely onerous duty on the Government, but I am interested in the Minister’s views on that, so I will leave it there.

I will briefly reply to some of the points raised by the shadow Minister. On clause 21, and the removal of the requirement for an inspector to make the authorisation, any officer of any rank can make that authorisation to speed things up where necessary. In relation to his points regarding amendment 144, which I think extends the exclusion period from seven to 28 days—

It is seven days for the second offence and 28 days for a subsequent offence.

Yes. I understand the thinking behind the amendment, and obviously I have a great deal of sympathy for it, as he can probably imagine. The Government considered it, but we need to be cognisant of the restrictions imposed by various articles of the European convention on human rights, on which views around the House vary, to put it mildly. Clearly, if one goes beyond a certain point, one begins to stretch the ECHR articles, for example, concerning freedom of assembly. There is a balancing exercise between what is permitted in domestic law and those European convention rights, and they can conflict. That is why we have set the boundary where we have.

That is an important answer, but I am conscious that nuisance begging prevention notices, for example, could mean that someone has to quit an area for a period as long as three years. Surely that could not be the case for people engaged in nuisance begging, but not for those who are engaging in antisocial behaviour.

Clearly, it is at the maximum and will follow fact-specific consideration. A calibration exercise can be performed, and there will be guidance around it, which can ensure that that balance is appropriately struck.

In response to Opposition amendment 145, I will of course mention the regular mechanisms for reviewing legislation, including review three to five years after passage. The Government regularly review the use of police powers under the 2014 Act. In fact, in November last year, just a couple of months ago, the Government reviewed police perceptions of the powers in that Act. We published a report on gov.uk that included data and police perceptions of the use of the 2014 Act powers, including public spaces protection orders. I hope that illustrates that the review of these powers is not just a theoretical exercise that Ministers refer to in resisting Opposition amendments; it actually happens.

On the shadow Minister’s point about the interaction between police and crime commissioners and local councillors, he is right to say that the relationship between elected councillors and the council is a bit different from that between PCCs and the police. While a PCC sets the budget and strategic priorities and holds the police to account, they do not, for obvious reasons, have operational control over the police; they cannot direct the police. He is right to say that the relationships are a bit different; none the less the PCC has an important role to play in co-ordinating, convening and holding the police to account. Although there are slight differences, I think strengthening the role of the PCC in the system is useful and a good step forward. The public mostly know who the PCC is and hold them accountable for the delivery of public priorities on crime. I accept that the shadow Minister raises a fair point, but I think we should welcome the involvement of PCCs.

Question put and agreed to.

Clause 65 accordingly ordered to stand part of the Bill.