Policing and Crime Bill

Amendment 105 would remove from the Bill the police discretionary power to take persons under 16 whose alcohol has been confiscated to a place of safety or to their home. Young people drinking in public is a growing problem. A survey of 11 to 15 year-olds—the noble Baroness, Lady Walmsley, mentioned some statistics—showed that the proportion of that age group who drink outside has gone from 21 per cent in 1999 to 31 per cent in 2006. That proportion increases to more than 50 per cent among those who drink more than seven units of alcohol a week, which is an alarming growth. These children place themselves and others at risk of alcohol-related harm. Clause 29 is designed to help address this problem. This discretionary power will allow the police officer to take children under 16 to their home or to a safe place. Guidance will make it absolutely clear the children should be taken home only if they are in possession of alcohol and pose a risk to themselves or others. I do not want to give a raft of examples but I can certainly imagine a 12 year-old carrying a slab of beer accompanied by his older mates who would fall into that category. However, I shall not give lots of hypothetical examples as it would be dangerous so to do. As I say, it seems to me all too easy to imagine circumstances where someone under 16 who has alcohol confiscated could be at risk if the police officer then simply abandons him. Accordingly, it seems only sensible for the police to have a discretionary power backed by appropriate guidance to take that person home or to a place of safety. The noble Baroness, Lady Walmsley, says that sufficient measures are in place. The police removal powers under the Anti-social Behaviour Act are applicable only—I think that she touched on this—to children whose behaviour is found to be intimidating, alarming or distressing between 9 pm and 6 am in designated locations. That is why we believe the removal power under Clause 29 is necessary as it would apply to persons under 16 deemed by an officer to be susceptible to alcohol-related harm and would permit the welfare of the child to be considered at all times and in all locations. We believe that is beneficial. I hope that with that answer I will have resolved noble Lords’ concerns. I request that the amendment is withdrawn.