The Minister of State, Home Office (Lord Hanson of Flint) (Lab)

My Lords, in moving Motion A, I will speak to Motions B, C and D. Before I begin my main remarks, today marks Stephen Lawrence Day, 33 years to the day since the loss of Stephen. My noble friend Lady Lawrence of Clarendon is in the Chamber today, and I pay tribute to her for her campaigning activity over those 33 years. I was pleased to join my noble friend earlier today for an event at the King’s Trust in Southwark to continue the campaigning work of the Stephen Lawrence Day Foundation. Today is a good opportunity for us to remember Stephen and to recommit to continue to make a stand against racism in all its forms. I wanted to place that on record on behalf of the whole House before we commenced the Crime and Policing Bill, which in itself deals with a number of issues that are important in combating racism and tackling knife crime. As I said last week, I am grateful for the engagement that I have had with the noble Lords, Lord Davies of Gower and Lord Clement-Jones, and the noble Baroness, Lady Doocey, on these matters. There are a number of amendments to deal with and I am pleased that they are all to be considered now in one group. As I also said last week, I understand the concern, particularly in relation to Motion A, about enforcement agencies potentially issuing fixed penalty notices for anti-social behaviour offences where there may be a financial incentive to do so. However, I remain of the view that it is not appropriate to put in place a blanket ban on the issuing of fixed penalty notices by enforcement companies and contractors. Introducing such a ban would be disproportionate and would significantly weaken enforcement capability. Contracting enforcement to third parties is a common arrangement, and it is for the local authority to ensure that the use of powers remains just and proportionate. It is for this reason that the Government last week tabled Amendments 2A to 2C in lieu, which would rightly ensure that statutory guidance addresses the very points that noble Lords are concerned about. I recognise that the noble Lord, Lord Clement-Jones, has moved on this and tabled amendments in lieu to ensure that such guidance must, not may, address the need to ensure proportionality in the use of fixed penalty notices. I therefore hope that he is content with the further government amendments in lieu, Amendments 2F and 2G, which also seek to ensure that any guidance issued must address the issuing of fixed penalty notices by authorised persons. In addition, in discussions with the noble Lord I have mentioned the Defra statutory guidance on litter enforcement powers. That guidance includes various entries relating to the need to exercise enforcement powers proportionately. It also addresses the use of contractors. I can give an undertaking to the noble Lord that we will adopt similar language in the guidance to be issued in respect of anti-social behaviour enforcement powers under the Bill. We commit to include a passage in the guidance which says: “Where external contractors are used, private firms should not be able to receive greater revenue or profits just from increasing the volume of penalties”. I will ensure that the statutory guidance reminds local authorities that contracted agencies are not expected to issue fines purely for profit, and, if they are found to do so, that local authorities may take appropriate remedial action, such as revocation, in line with the terms of their contract. I hope that provides the noble Lord with the reassurance he needs not to press Motion A1. On Motion B, as I have said throughout the passage of this Bill, the Government fully agree with noble Lords on the need to do more to tackle fly-tipping. Our recently announced waste crime action plan, which I referred to in our last round of ping-pong and which was published over the Easter Recess, does just that. On Amendment 11, I stress that local authorities already have powers to seize vehicles if they have reason to believe that the vehicle is being used, or is about to be used, to commit a fly-tipping offence. This is in addition to the police’s general power under the Police and Criminal Evidence Act 1984, and its associated codes, to seize items as evidence if they believe they are being used in the commission of a criminal offence. The Government want local authorities to use their powers fully to tackle fly-tipping. To that end, I have tabled Amendments 11C to 11F in lieu, which make it clear that the statutory guidance to be issued to waste authorities in England under Clause 9 must, not may, include advice to local authorities on exercising their powers, including the seizure of vehicles. I am grateful for the gentle discussion that we have had with the noble Lord on these matters and for the pressure that he has put. I hope that reassures the noble Lord, Lord Davies of Gower, on that matter. On Motion C, we return to the issue of “must” versus “may”. Last week, the noble Baroness, Lady Doocey, reiterated her concerns that the police are required to consult with youth offending teams only when applying for a youth diversion order. As I mentioned last week, multi-agency engagement will be crucial to the success of these orders. I want to be clear to the House that youth offending teams are already multi-agency by statute, and include representatives from health, education, social services and probation, as mandated by the Crime and Disorder Act 1998. Youth offending teams may also engage with child and adolescent mental health services, education inclusion teams, voluntary and community organisations, and local early help services. I recognise that the noble Baroness, Lady Doocey, has raised concerns about the involvement of parents. I would like to reassure her that engagement with parents or carers is a routine and integral part of the work of youth offending teams, beginning at assessment stage and continuing through any intervention. This engagement is led by practitioners who are trained to work with families, understand family dynamics and assess what engagement is appropriate, safe and in the child’s best interests. The nature and extent of parental involvement is therefore nuanced and individualised. I hope that the noble Baroness will recognise that it would not be right to prescribe a one-size-fits-all process for what could and very often will be complex and varied cases.