UK Parliament / Open data

Policing and Crime Bill

Amendments 73, 75, 78 and 80 concern what happens when a closure order is issued against premises. Amendment 73 would ensure that at least if a closure order is offered, it is done fairly by consulting those who should be consulted. Amendment 75 refers to the authorising officer having regard to the views of those consulted, and Amendment 78 is concerned with other measures that could be taken but the police decide for their own reasons that it would be much easier to issue a closure order than to undertake the other more onerous and difficult measures. I invite the Minister to put on record where closure orders should lie in the system of priorities. We believe that they should be a last resort, particularly when bearing in mind that such premises may be people’s homes and children may be adversely affected. The closure order should be undertaken seriously. The Minister in another place talked about it being necessary to disrupt criminal activity and exploitation. Obviously there must be a level of evidence that serious criminal activity, such as violent pornography or class A drug-taking, is happening on the premises, but the Bill does not say that closure orders should be made only as a last resort, which is worrying. That brings me to my last point, on proportionality. We should aim to ensure that only proportional action is taken. For example, a closure order was issued this year in Soho against premises, and it was thrown out of court. It was not found to stand up at all, and there was no good reason for issuing it. Had that gone through, the effect on the lives of the women would have been devastating, so obviously the courts came to a very sensible judgment. They looked at the evidence and decided that it would not stand up. We do not want to be drafting a Bill that would make that situation likely to fall the other way, so that people who have committed no serious crime but who have some hearsay evidence against them would face disruption to their lives and those of their dependants that would result from a closure order. I beg to move.
Type
Proceeding contribution
Reference
712 c480-1 
Session
2008-09
Chamber / Committee
House of Lords chamber
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