Policing and Crime Bill

My Lords, perhaps I could finish; I am trying to follow through in a logical sequence and may come to an answer. Children at risk of significant harm can also be taken into police protection under existing powers in the Children Act 1989. Where it is better to disperse young people, Home Office guidance already advises police officers to consider whether dispersing them would put them into a more vulnerable position; for example, it could lead to them being assaulted or robbed or, as the noble Baroness, Lady Walmsley, said, they could be sent to a very difficult, nasty and dangerous area. This guidance will be amended, should this clause become law, specifically to address the dispersal of those under 16. Of course, the police already have a duty under Section 11 of the Children Act 2004 to have regard to safeguarding and promoting the welfare of children in carrying out their functions. We want to ensure that the child’s welfare is paramount in their considerations when using this power. I hope that noble Lords are assured of the necessity of this clause to effectively remove or minimise alcohol-related crime and disorder when it is being caused by, or likely to be caused by, groups of children of mixed ages, some of whom may be over 16 but a number of whom will be, very often, under 16. It cannot be right for the police to be able to deal only with a proportion and not all the young people in that group. I also hope that I have assured noble Lords that we take child protection seriously. Amendment 111 would give the police an alternative to the powers that we have proposed in Clause 31. Under this amendment, where the police encounter a person under 16 who is likely to contribute to alcohol-related crime and disorder, they may return them home or to a place of safety rather than issue them with a direction to leave. If there is a risk that simply moving a child on would leave them vulnerable, I agree that the police should take that young person home, but this amendment would require the police to choose between issuing a direction or taking the child home. It is clear that the intention behind this amendment is to protect the safety and welfare of children, on which I am sure that we all agree. That is why I am happy to accept the principle behind the amendment and give the police the power to take young people home or to a place of safety in these circumstances. However, there may be some circumstances where it is appropriate to issue the child with a direction to leave and to take the child home. I would like to return to this issue on Report, when I will have had the opportunity to consider the exact wording, but I accept the thrust of the argument that has been made.