NILGA response to the DoJ Consultation on Anti-social Behaviour legislation

Transcription

1 NILGA response to the DoJ Consultation on Anti-social Behaviour legislation 11 th June 2018 INTRODUCTION NILGA, the Northern Ireland Local Government Association, is the representative body for district councils in Northern Ireland. NILGA represents and promotes the interests of the 11 Northern Ireland district councils and is supported by all the main political parties. The Association welcomes the opportunity to comment on this consultation, and we trust that the views outlined below will be taken into account when policy is being finalised. RESPONSE TO CONSULTATION QUESTIONS Q1. What are your views on the current legislative framework to help tackle anti-social behaviour in Northern Ireland? ASBOs are being used less and less by the Judiciary and may no longer be fit for purpose. Very few ASBOs have been applied for in some areas, and there is a view that they are not restorative in nature and are unwieldy. Their use risks people ending up with a criminal report for a breach but provides no help to address their nuisance behaviour through early intervention or diversion. Additionally, the current legislative framework does not take sufficient cognisance of the growing trend of digital ASB. There is a growing view that traditional ASB may be on the decrease, while there is an increase in reported incidents of digital ASB (texting, social media). Addressing this will require specific legislation. The Confiscation of Alcohol (Young People) Act 1997, should be retained as it is a useful tool for the police but council by-laws need to be stronger and enforced more thoroughly. The Public Processions Act (NI) 1998 is not easily enforced by Police without causing confrontation and possible unrest. It can be more beneficial to work with stewards, have self-enforcement of no alcohol by event organisers and use other legislation that restricts carriage of alcohol on transport. This piece of 1

2 legislation shouldn t be relied on; it may have a place but not as currently used. The scope of this review includes only legislation for criminal offences under the remit of the DoJ, but other legislation currently relied on by councils, NIHE and other statutory bodies to address anti-social behaviour should also be considered. Q2. What are your views on the Part 5 of the Criminal Justice (NI) Order 2008, sections 68 to 72 and whether they ought to be commenced in Northern Ireland? If the challenges mentioned in the consultation document could be overcome then this would seem to be a useful piece of legislation to have available and would give additional tools to police and council. Consideration should be give to whether or not other personnel (such as council enforcement officers) should be authorised to intervene in addition to police officers. NILGA would strongly support its commencement in Northern Ireland, and views it as a positive step in addressing anti-social behaviour. Q3. What are you views on Criminal Behaviour Orders (CBOs)? CBOs could be useful as these would provide diversionary elements and help with individual behaviours that could help to change behaviour or address underlying causes. Seen as a much better alternative to ASBOs they try to address behaviours not just place restrictions on individuals, however greater clarity is required as to the circumstances in which a Council can request for a CBO to be considered by the courts. NILGA recognises the need to address the underlying causes of the offender s anti-social behaviour and welcomes that this is to be explored as part of the Criminal Behaviour Order, but we note that there is no indication of the duration of the intervention(s) to take into account that some individuals may require longer term support than others. NILGA is concerned about the application of CBOs to under- 18s, particularly with regard to publicising the issue of a CBO and the potential for youths to be imprisoned for a breach, which may conflict with UNCRC requirements for children in trouble with the law. CBOs should therefore be age appropriate and proportionate to the offence. We would encourage the Department to provide more detail on the types of interventions that could be offered as part of a CBO, more information in terms of cost per participant and on who is responsible for meeting the costs. Information is needed on what organisation(s) will be tasked with delivering the interventions. Careful 2

3 consideration to be given to determining the impact of such interventions. How will the impact be measured? Will an Outcomes Based Accountability approach be taken to measure How much did we do? How well did we do it? Is anyone better off? How will value for money be determined? Q4. What would your views be if Criminal Behaviour Orders were introduced in Northern Ireland? NILGA is of the view that at the very least, their introduction would need to be preceded by stepped, proportionate measures to ensure that they are used at the end of the process and avoid criminalisation. NILGA would strongly encourage direct engagement with the PCSPs to explore potential CBO use, and we note the concerns expressed in some areas about whether it would be appropriate for a Council to have the power to apply for a Criminal Behaviour Order. Q5. What are your views on Public Space Protection Orders? These are seen as beneficial and victim led, providing an additional option for areas experiencing ongoing levels of nuisance. However, the criteria to be met before a PSPO is introduced are somewhat subjective and open to interpretation. NILGA believes that consultation with the community is key to the process of issuing a Public Space Protection Order. This is to ensure that all parties can present their arguments to enable informed decision making. We would highlight however, that even if community consultation results in consensus for the Public Space Protection Order, there are mixed views about whether this should be a role for the council. It should also be noted that councils are extremely active in use of public spaces to organise and support community festivals, fun days etc, and it should be ensured that PSPOs do not develop in such a way that they place unnecessary restrictions on community activity thereby negatively impacting on community life in a district. NILGA is also concerned about the potential use of PSPOs against homeless or vulnerable people, and for PSPOs to act as a deterrent to young people in particular from using parks or other open spaces to socialise. Enactment of Part 5 of the Criminal Justice (NI) Order 2008 s may be more effective than PSPOs in dealing with the inappropriate behaviour of individuals, rather than restricting the activities of all within public spaces. Q6. What would your views be if Public Space Protection Orders were introduced in Northern Ireland? 3

4 Although these could be a useful way to provide relief to residents, providing an additional option for police/council, NILGA would seek to ensure that consideration is given to potential displacement of nuisance. Also NILGA would have concerns around vulnerable people such as those who are homeless or those with mental health issues. It will be vital to give consideration to providing support/assistance to them rather than seeing them as a problem to be moved on. It would be helpful if more clarity was provided regarding the circumstances where a PSPO could be issued, and NILGA notes that there are mixed views about the potential council role in issuing a PSPO. NILGA recommends that the DoJ should engage directly with PCSPs to establish whether in Northern Ireland, the lead in issuing and enforcing PCSPs should be taken by the police, supported by the council or by the council, as in England and Wales. Q7. What are you views on Closure Powers? NILGA is of the view that these could prove useful in speeding up the response to serious incidents, especially where premises are known to have or likely to have disorder attached, and particularly at certain times of the year. Knowledge that closure powers are available would put responsibility on to premises owners to properly manage their venue and surrounding area. Disorder of this nature has a hugely negative impact on local communities and a mechanism for this to be addressed is welcomed. However, again NILGA would recommend that the DoJ should engage directly with PCSPs to establish whether in Northern Ireland, the lead role should be taken by the PSNI supported by the council, given the mixed views on this issue. There is a concern that closure powers could be utilised to support evictions from public or private properties, or used to exclude individuals from premises where it would be more appropriate to deal with the individual under other powers, such as tenancy agreements, rather than closing properties or premises. Q8. What would your views be if Closure Powers were introduced in Northern Ireland? NILGA acknowledges that introduction of closure powers could be a helpful, if short-term fix to help police/council to address adverse disorder or nuisance in communities without delay and would give more leverage to persuade property owners to manage the risk. A wider conversation is needed to establish role clarity. Q9. What are you views on the noise nuisance powers that are currently available in Scotland under the Civic Government (Scotland) Act 1982? 4

5 Taken at face value, these powers seem quite simple, but NILGA has a number of concerns, not least regarding the safety of officers entering premises to remove property and in relation to accusations of damage to property. What constitutes a reasonable level of annoyance is also quite subjective, as it is not the level of noise but the effect on an individual that may give rise to the offence. NILGA recognises that prolonged noise can have a detrimental impact on people, and in this respect would advocate adoption of a common-sense approach, supported by relevant guidance. Q10. What would your views be should these powers under the Civic Government (Scotland) Act 1982 be introduced in Northern Ireland? Introduction of such powers would enable an instant reprieve for complainants, at times when council staff would not always be available, as currently it takes quite a while to monitor nuisance and for councils to act. However, in some areas this may have a significant impact on police resources unless powers are extended to council officers, which again will require a wider conversation about roles and would introduce issues about personal safety of officers. A common-sense approach is advocated, and NILGA also notes that the language used in the legislation may need to be updated. NILGA would also query if this legislation should extend to persons using amplification equipment on streets such as evangelists, buskers or street performers. Disclaimer The Northern Ireland Local Government Association (NILGA) endeavours to ensure that the information contained within our Website, Policies and other communications is up to date and correct. We do not, however, make any representation that the information will be accurate, current, complete, uninterrupted or error free or that any information or other material accessible from or related to NILGA is free of viruses or other harmful components. NILGA accepts no responsibility for any erroneous information placed by or on behalf of any user or any loss by any person or user resulting from such information. 5