Police and Justice Bill

I will speak to Amendments Nos. 128 and 129 in my name and that of my noble friend Lady Anelay, and I will comment on the other amendments in the group. As the noble Baroness, Lady Linklater, has highlighted, the purpose of the amendments to Clauses 21 and 22 are to write into the Bill that the purpose of using parenting orders and contracts is a dual one: to promote the well-being of the child as well as trying to prevent antisocial behaviour. The amendments aim to test the true voluntary nature of parenting contracts and to gain assurances that they will be used as a last resort. The noble Baroness has highlighted concerns with which we have great sympathy. This theme has been running throughout our discussions on this part of the Bill. Your Lordships’ House has a strong reputation on children's issues, especially in the application of improving outcomes for the most vulnerable children and their families, predominantly guided by the principles set out in Section 10 of the ChildrenAct 2004. Indeed, in many ways these debates link into those that we had recently on the Childcare Bill, the Children and Adoption Bill and the Work and Families Bill, as well as those that are currently ongoing on the Education and Inspections Bill. All those Bills touched issues of disrupted family life, care and learning difficulties, which all feed into possible underlying reasons for anti-social behaviour. That only goes to highlight the vital need for cross-departmental co-operation on children and family matters. Out of interest, can the Minister, with her concern for joined-up government, indicate whether the different teams and Ministers on these Bills have met to discuss how this overarching subject is played out across them? Amendments Nos. 128 and 129 look at the detail of the proposed powers for social landlords and at whether it is appropriate for them to be able to use them on those who, in the words of the Bill, are ““likely to engage”” in anti-social behaviour under new Section 25B(1)(a)(ii), as inserted by Clause 21, or appear, "““to reside…in the local authority’s area””," under new Section 26A(1)(b), as inserted by Clause 22. Amendment No. 128 tightens up the wording in new Section 25B(1)(a)(i), which enables the RSL to enter into a parenting contract with a parent if he has ““reason to believe”” that the child is likely to engage in such behaviour. Can the Minister inform the Committee what would constitute ““reason to believe””? Definitions and thresholds of behaviour are widely drafted in this Bill. The drafting could mean that any parent becoming a tenant is pressured to sign a parenting contract to ensure that their child does not become involved in anti-social behaviour. I hope that this is not the Government’s intention, but one could argue that the potential is always there. The definition is too broad. How will one judge whether the power is being used appropriately, and who is to check? We have already heard the arguments regarding lack of training, which is a theme that pervades discussions on the Bill. These amendments replace the wording so that the RSL could use the power only if the child had engaged in anti-social behaviour or ““had threatened”” to do so. I took this turn of phrase from the Joint Committee on Human Rights report, page 14, paragraph 1.34, regarding anti-social behaviour injunctions. It states that courts must be satisfied that the person against whom the injunction is sought is, "““engaging, has engaged or threatens to engage””," in such action. The use of ““threatened”” would be much more appropriate in this context, as well as offering some compromise between those who would like the power completely removed and those who would like it kept. Amendment No. 129, on the other hand, is a straight removal of the power of the RSL to apply for contracts in relation to children who appear, "““to reside…in the local authority’s area””." The paragraph implies that an order could be made against a parent with whom the child or young person does not reside, and who may have little control over their behaviour. That raises many questions. For example, what criteria would be used to determine whether they appear to reside in the area? Should they be present every day or every weekend? Over what length of time should they be present? Will they be able to pin these children to particular parents, who may not have parental responsibility for them? Will the RSL have a duty to take disability into account in this context, as we discussed in relation to previous amendments? I hope that the Minister will give these points consideration in her reply. I will not reiterate the figures that the noble Baroness has already shared with the Committee, but it is worrying that, since April 2004, significantly fewer parenting contracts than parenting orders have been issued. If orders were being used as a last resort, it would be the other way around. I hope that the Minister can explain this discrepancy and take the time to outline the exact process via which an order can be made without a contract. Giving parenting contracts a statutory duty to improve the well-being of the child, particularly on the fourth area listed in the 2004 Act—the contribution made by them to society—enables a more holistic assessment to be made that may, in turn, flag up serious problems that can then be addressed in a focused and tailored manner. After all, the Government are continually reminding us that every case is different. In this respect, I support the principle behind these amendments.