Policing and Crime Bill

As many Members will be aware, the background to the Government's gang injunction proposals is the approach in Birmingham, where injunctions under section 222 of the Local Government Act 1972 were deployed to combat gang-related violence. Discussions of their use with West Midlands police and Birmingham city council have made it clear that they regarded the injunction as a useful tool to combat serious gang activity, basing a claim on the nuisance caused by gang activity and seeking to bring this within the remit of the Act. In many respects, the use of the injunction to disrupt gang activity is a model based on the tools used to disrupt gangs in Boston, where the injunction is seen as an important mechanism available to law enforcement officers. We should be under no illusions about the nature of some of the challenges currently facing young people in this country. The children's charity NCH—now Action for Children—highlights the shocking situation of young people growing up with the real fear of becoming a victim of crime, particularly violent crime. Therefore, we are certainly prepared to consider the application of injunctive relief to communities and neighbourhoods. The House will be aware that injunctions are used to prevent domestic violence, for example, and their application in a preventive sense in respect of harm is understood by the courts. However, in the case of Birmingham city council v. Marnie Shaft and Tyrone Ellis the use of section 222 injunctions was ruled to be inappropriate by Nottingham county court, and that decision was upheld by the Court of Appeal last October. As I said in Committee, I understand why the Government have thought it appropriate to bring these proposals before the House. One of the most insidious aspects of the organised criminal gang structure is that gangs consciously focus their recruitment of new members on some of the most vulnerable members of society, such as those with poor educational attainment, weak family structures, addictions and mental illness. They also try to undermine the family ties that do actually exist. Various approaches have been taken to combat gang crime and pernicious gang activity in different parts of the country, reflecting the fact that gangs are different in their structure and nature in the different areas in which they operate. It is right, for example, that Birmingham should be able to adopt a strategy different from that followed in Manchester, Liverpool or London, based on the particular problems it experiences and the nature of the relevant gang activity. Some gangs are simply interested in territory; others are motivated by broader criminal intent and the wish to fund a lifestyle. What they all tend to have in common is a sense of identity, often using colours to distinguish which gang people are part of, and aping some of the activities of gangs in the US. The key question is whether the injunctions sought by the Bill are appropriate, and in particular whether they overstep the line from being preventive to being punitive, with all of the consequences in human rights law that that would impose. The Joint Committee on Human Rights has made a number of important points in its fifteenth report, and I am only sorry that the response to it—promised in the Home Secretary's statement today—had not reached the Vote Office prior to the commencement of the debate on this Bill, so that Members have not had a proper opportunity to assess and assimilate the Government response. I hope the Minister will be able to set out some of the Government's thinking on some of the key issues that have been highlighted, in particular the application of the criminal standard. The Minister will be aware of the McCann case, as we have discussed it at length. The issue of the treatment of children is also relevant. It is my clear understanding that these injunctions would not be suitable for application to children, but from my brief look at the Government response to the Joint Committee it appeared that there was some suggestion that they could be used in certain restricted circumstances. We need to have a clearer understanding of the application of these provisions if they are intended to operate in that way; the Minister will be aware of issues in respect of enforcement and the fact that they would come not before the youth court but before the High Court or county court. There is certainly a very different enforcement regime governing breach of what is a civil injunction than breach of an ASBO, for example, which would be treated as a criminal matter and the individual concerned would be brought before a youth court. The Minister will be aware that the injunctions seek to impose positive conditions on the recipient. That goes much further than what might be considered to be protective, either for the individual concerned or for the community affected. These provisions will inevitably be challenged, ultimately before the courts, on their compliance with applicable human rights law. The Minister needs to satisfy the House that they are likely to withstand this challenge. This is particularly the case for injunctions that are designed to be open-ended in duration and without formal review within a specific period as to their continuing suitability or necessity. I heard, however, what the Minister said about this being a live issue that the Government are looking into, and I welcome that. On a slightly more conciliatory note, I should acknowledge that the Government have sought to address some of the concerns highlighted in Committee. These injunctions centre around the concept of gang-related violence but without defining what is understood by the term "gang", with Liberty asking:""Is it simply a group of young people wearing hoodies?"" We understood from what the Minister said then that it was not, and the Government have now brought forward an amendment to provide some greater clarity, but we need still more clarity. We have tabled an amendment in relation to this issue, and the work done by my right hon. Friend the Member for Chingford and Woodford Green (Mr. Duncan Smith) and the Centre for Social Justice has set out some of the alternative thinking. The definition of the term "gang" is important if we are to define the application of these provisions properly, so that they are used in a manner appropriate for serious gang activity. We also believe it is appropriate for relevant NHS bodies, and for probation and other relevant agencies, to be involved in the consideration of these injunctions. I note that the Minister has introduced further amendments to address those issues, which we welcome. The further issues and concerns highlighted in Committee and in some of the amendments introduced today are important, and a response to them is necessary. Too many young lives are being lost as a result of gang-related disputes over postcode territories or minor disagreements where a perverse notion of "respect" is seen to have been challenged. We need to be satisfied that these injunctions are appropriate, and the Government still need to make out their case for certain important aspects.