My Lords, Amendments 145, 150 and 151 collectively seek to remove the power of local authorities to apply for injunctions in the courts. This would mean that only the police could apply for injunctions. I am afraid that I must resist this amendment, as the Government strongly believe that local authorities should have the power to apply for injunctions under Part 4 of the Bill.
Section 17 of the Crime and Disorder Act requires local authorities and the police to work in partnership and indicates that a power to prevent crime and disorder—that is, gang injunction—should be available to both agencies. I agree with the noble Lord, Lord Skelmersdale, that it is essential that they are both involved.
In addition, the development of working practice from Section 17 responsibilities has in many areas led to truly integrated community safety partnerships where joint work is embedded. Consequently, crime management is as much the role of a local authority as it is of the local police. Local authorities already have led on the development of the use of preventive civil orders to tackle low-level crime and anti-social behaviour. They have also developed high levels of expertise working in the county courts and are in an excellent position to partner the police in the use of gang injunctions.
This is a civil power and, although the police have some experience of using civil powers such as ASBOs and civil orders obtained in the magistrates’ court, in most areas the local authority seeks orders on behalf of the partnership. I believe that that move, which has happened over the past 10 years or so, is very healthy. I was surprised to find that the noble Baroness, Lady Miller, had been involved in this area for 21 years. That is very difficult to imagine—she must have made an early start. I believe that it is critical that local authorities are able to apply for these injunctions and I ask the noble Baroness to withdraw her amendment.
Policing and Crime Bill
Proceeding contribution from
Lord West of Spithead
(Labour)
in the House of Lords on Tuesday, 13 October 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Policing and Crime Bill.
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713 c207-8 
Session
2008-09
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