I find that a rather disappointing reply. I cannot see why Amendment No. 161 would make the procedure for the making of an order more complex. Paragraph (d), to be inserted by the amendment, would ensure that, "““the making of the order is not a disproportionate response to the disorder or nuisance caused””."
The Minister said that there will be guidance, but that also has to be looked at by the magistrates’ court. It is surely much easier for that to be in the Bill. I respectfully submit that the same point can be made about paragraph (e), which would provide that, "““the making of the order will not cause unnecessary hardship or suffering to the families of those against who the order is made””."
Those are people who will suffer an extraordinarily drastic interference with their amenities of life. Similarly, paragraph (f) would provide that, "““appropriate steps have previously been taken to address the disorder or nuisance without success””."
The point does not improve with repetition. I ask the Minister to reconsider his dismissal of those proposals, which I believe would make life that much easier for the court—it is, as we may remind ourselves, a magistrates’ court—and a good deal less hazardous for people who may be caught up in the imposition of the orders.
Criminal Justice and Immigration Bill
Proceeding contribution from
Lord Mayhew of Twysden
(Conservative)
in the House of Lords on Monday, 10 March 2008.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Criminal Justice and Immigration Bill.
Type
Proceeding contribution
Reference
699 c1308 
Session
2007-08
Chamber / Committee
House of Lords chamber
Subjects
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2023-12-15 23:58:42 +0000
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