Policing and Crime Bill

I thank the noble Baroness, Lady Miller of Chilthorne Domer, for trying to expedite our procedures. We seem to have a single grouping now that previously was two groupings. I shall try to respond to all the amendments because, as the noble Baroness said, there is a certain logic in moving them en bloc. Amendments 73 and 75 are the first of a number of amendments that relate to Schedule 2, which sets up the process for imposing the closure of premises to stop activities relating to certain pornography-related and prostitution-related offences from taking place. Indeed, as the noble Baroness has pointed out, Amendments 73, 75, 78, 80 and 82 have been recommended by the Joint Committee on Human Rights, which has commented on the need for appropriate safeguards in these provisions to prevent the inappropriate use of closure orders. We take seriously the points raised by the committee, and I assure the noble Baroness that we share her aim of ensuring that these orders are targeted only at premises where serious criminal activity involving prostitution or child pornography has taken place. We understand the reasons underlying the committee’s concerns but we do not believe that its particular concerns relating to the closure orders are justified. While I also appreciate the points that the noble Baronesses have raised on this issue, I assure them that the amendments are unnecessary. We believe that the provisions already contain sufficient safeguards against the inappropriate use of closure orders. It is important to reiterate why these new powers are so important. Currently, if the police suspect that premises are being used for activities related to prostitution or child pornography offences, the police may enter the premises and arrest those who are committing the offences. However, unless the premises are associated with the use of class A drugs, persistent disorder or nuisance, the police are powerless to prevent the premises from reopening once they have left. The provisions are intended to address that issue. Amendments 73 and 75 would oblige the police to ensure that consultation has taken place with and that they have regard to the views of people identified as having an interest in the premises before they issue a closure notice. There is already a requirement for the authorising officer to be satisfied that reasonable steps have been taken to identify such people. While clearly well intentioned, these amendments could prevent such orders from working effectively. The point of a closure notice procedure is to ensure that premises can be shut quickly without tipping off those responsible for the prostitution-related or pornography-related offences that the notice is about to be served. Closure notices may well be used following covert surveillance on particular premises. It would therefore be inappropriate to go in beforehand and try to consult interested parties, albeit that some of those people may be victims rather than the perpetrators of the offence. Aside from disrupting the covert operations and the potential to obtain evidence to convict those who have committed the offences, it could also allow those involved time to organise themselves and take action to make it more difficult for the police to enforce closure notices. I emphasise that within 48 hours of a closure notice being served, a magistrate’s court must hold a hearing to decide whether a closure order should be made. Any person who resides at the property or who has control of or responsibility for it or any other person with an interest in it may make representations to the court at the hearing. The court may also adjourn the hearing to allow such representations to be made. Such people also have the right to appeal against the making of a closure order and can apply for it to be discharged at any time. In addition, the schedule allows for compensation to be paid to those who incur financial loss as the result of a closure order or notice in appropriate circumstances. A point was made about the offence in Soho, but that offence seems to prove the point. There was a closure order, it went to a court, the court did not accept the argument and the case was dismissed. That is what courts are supposed to be doing. I do not see that there is any need to be fearful; rather, it is reassuring. Amendment 78 seeks to ensure that closure orders can be imposed only in circumstances where no other measure will prevent activity relating to the relevant child pornography or prostitution offences taking place. The fact that the order needs to be necessary should be sufficient safeguard to ensure that they are not used where other reasonably practicable steps could be taken by the police to prevent the use of premises or activities relating to specified prostitution or child pornography offences. There may be other measures that could be taken to prevent the use of the premises for such activities, but these may be within the power of the owner or the occupier rather than the police. Equally, measures that the police could take may not be reasonably practicable. For example, putting a police officer on the door of premises 24 hours a day may deter criminal activity but would clearly be very costly and could prevent the police dealing with other priorities in the area. However, we will make it clear in the guidance that police should consider what other steps they could take to prevent the premises being used before issuing a closure notice. The purpose of Amendment 80 is to ensure that before authorising a closure order, a court must consider the effect that making such an order would have on the human rights of any person who owns or resides at the premises, or anyone likely to be affected by the order. We do not feel that that is necessary or appropriate. The police have to take reasonable steps to establish the identity of who resides in the premises, has control of or is responsible for the premises or has an interest in the premises. It is difficult to see how this would not involve them giving consideration to who could be affected by the order. A closure notice would have to be served on these people, who would have the opportunity to make representations to the court as to why the order should not be made. While we understand the desire to see safeguards in the Bill, it does not appear that this amendment provides a more structured approach to the requirement already imposed on the police and the courts as a public authority under Section 8 of the Human Rights Act 1998 to act in a way which is compatible with convention rights. Therefore, I hope that I can persuade the noble Baroness not to pursue that amendment. Amendment 82 would omit the proposed new Section 136Q of the Sexual Offences Act 2003. This section gives the Secretary of State order-making powers to extend the power to issue a closure notice to persons other than police officers. That has not been referred to, so although it was mentioned in what I might call the supergrouping, it may be something to which the noble Baroness wishes to return and perhaps I should not proceed.