UK Parliament / Open data

Crime and Security Bill

I should like to say a few words about domestic violence protection notices and speak to amendments 21 and 22. I begin by saying that this is a troubling night—I wonder whether other colleagues think so—in the sense that over the years, arguments have quite often been put forward by the Opposition or Government Back Benchers on Second Reading that require a Bill Committee to consider an issue carefully. The Committee meets, and perhaps a dozen, 20 or 30 amendments are tabled—all, I hope, well motivated, and sometimes with some merit. Yet there has been a tendency for years now for Governments simply not to accept an argument or an amendment. Why? Are they fearful of doing so? Are they told by their civil servants that they cannot accept any amendments? How many hours of Committee time have been wasted over the past few years with arguments being put forward in the certain knowledge that the Government will not accept them, even if they are good arguments? That troubles me, because there are men and women in this House who have actual experience of the world of the courts and justice—experience that, however clever some of these young civil servants are, they have never had. Indeed, some Ministers have not, although Ministers know a great deal. So many of the people who I think are pulling the strings behind Government Ministers are saying, "No Minister, you cannot accept this." "Why not? It seems reasonable." "Because we say so." But what is their real position? They have not got a clue about the real world outside. That comes into play on the issue of domestic violence protection notices. As I said on Second Reading, the issuing of such a notice is a very serious matter, not least because it will give a policeman the power to throw a person out of their own home. I cannot remember such legislation coming before this House—it may have done, but I cannot remember it. It is extremely draconian. A policeman is a member of the public with a warrant to make an arrest, and in my judgment, "Don't give the police too many powers" is a very good motto. We have to accept that the police will be given that draconian power under clause 24. Clause 25 states that a DVPN must state that an application for an order""will be heard within 48 hours"." How on earth any policeman can say that the application for an order will be heard in 48 hours is absolutely beyond me. He can say no such thing! I am assuming that Saturdays, Sundays and bank holidays do not count, but does the Minister—or, much more importantly, any of his civil servants—realise how the courts work? One goes to a court to issue an application, and then gets a hearing date. The Minister is looking at his civil servants. They are desperately trying to write out notes to tell him what happens in practice, but I would be surprised if one of them knows.
Type
Proceeding contribution
Reference
507 c102-3 
Session
2009-10
Chamber / Committee
House of Commons chamber
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