I shall not give way at this point, because I have only four minutes left, and the couple of points that I want to make are rather detailed.
When it comes to the rest of the ASBO structure, we have a system of ““Thou shalt not””, a prohibitory system telling the subjects of those orders what not to do. There is a case for allowing the greater use of mandatory orders. They encourage positive behaviour and particular steps that an individual should take to improve their behaviour, rather like what was done with antisocial behaviour injunctions under the Housing Act 1996, the year before Labour entered government, which was amended in later years. I met representatives of my local authority in Swindon during the recess to discuss those issues, and I am grateful to them for their constructive submissions in this respect. The authority has a very proactive antisocial behaviour team, and it will make submissions to the review in due course.
I turn to my other concern, which I share with the local authority. The Government have rightly said that the rather lengthy and cumbersome process of obtaining ASBOs in court must be streamlined. There has been a discussion about whether the forum for the imposition of ASBOs should move wholesale to the county court, but I agree with my local authority that we should urge caution. I would suggest that the magistrates court is a quicker, more effective and better forum for the resolution of a lot of antisocial behaviour orders. If new, streamlined procedural rules need to be developed, then that can be done.
My fundamental point is that we need to move away from what has been a tendency by authorities to reclassify crime as antisocial behaviour. The whole thrust of the legislation passed by the previous Government was what one might call the Heineken approach—to refresh the parts of our social problems that the criminal law could not reach. I am afraid that the principle has been undermined to a worrying degree as a result of the target culture and the need to avoid ““criming””—that is a dreadful word, but I have heard it used many times; I do not accept that it exists in the English language—particular complaints, driving them down the antisocial behaviour route.
That is not the approach we should adopt. We should use ASBOs as a bolt-on to the existing criminal justice system. They should be used judiciously and carefully—not with a scattergun approach—to try to deal with a range of wholly unsuitable scenarios. Local authorities such as mine in Swindon use many stages before they resort to ASBOs. I encourage that approach across the country, while recognising that in each different locality local bodies should be free to make decisions based on their own priorities.
I did not recognise in any way the remarks made by the hon. Member for Birmingham, Selly Oak (Steve McCabe) about centralist authoritarianism as regards the new Government's approach to dealing with crime. I oppose the motion and commend the Government's approach.
Crime and Policing
Proceeding contribution from
Robert Buckland
(Conservative)
in the House of Commons on Wednesday, 8 September 2010.
It occurred during Opposition day on Crime and Policing.
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515 c413-4 
Session
2010-12
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