I wrote a post a couple of days ago about the demise of Tobacco Control in this country (especially that advertising and script-writing organisation known as ASH). In the comments, I referred to the above which I had just read about.
We know that Plain Packaging has been dropped (for the time being at least) and that ASH ET AL were persuaded not to pursue banning smoking in cars. At the moment, therefore, TC seem to have nowhere to go since the Framework Convention demands for legislation have been all but completed in the UK (apart from PP). All the surveys and studies about PP have been done. All that ASH can do is squeal.
BUT, via Frank Davis (see sidebar) I came across a reference to the above. Frank linked to:
http://www.spiked-online.com/site/article/13613/
where Josie Appleton commented on the little observed provision in the Queen’s Speech that legislation would be put forward to deal with anti-social behaviour. Previous legislation already exists, but this new legislation ‘improves’ it apparently.
In the Spiked article, Josie A brings to our attention the fact that this piece of legislation is so loosely drafted that a local authority could declare ALMOST ANYTHING to be anti-social. Further, not only will the local authority be able to STOP you doing something, but could also DIRECT you to do something.
Actually, from our point of view, the second provision is not such a bother. In reality, as I read it, the idea is to enable local authorities to make people clear up any mess they make, and, if they don’t, to force them to pay for the clearing-up if the LA do it.
For us, as regards smoking bans, it is the first part. LAs can declare ALMOST ANYTHING to be anti-social in public ‘spaces’ . Note the change from public ‘places’. It was that little variation which bothered me.
But Frank J, in a comment, said that the Bill said that such laws would would need to be confirmed by court action, so that wasn’t so bad.
I was confused by that because Josie A was quite clear that LAs had the power, and she said nothing about court orders. Fortunately, she gave the URL for the actual text of the draft Bill, which is:
http://www.official-documents.gov.uk/document/cm84/8495/8495.pdf
UPDATE 3.30pm 19th:
Here is a better version of the text. It is the version of the actual Bill submitted to Parliament. It is easier to ‘select’ sections of the Bill to view:
http://www.publications.parliament.uk/pa/bills/cbill/2013-2014/0007/cbill_2013-20140007_en_1.htm
Now….. I can quite understand how Frank came to believe that court orders would be required. When you first start to read the actual text, this is what you find:
INJUNCTIONS TO PREVENT NUISANCE AND ANNOYANCE.
“A court may grant an injunction under this Section…….” I would copy and paste more of it, but the ability to do seems to be blocked).
The text in that Section goes on and on about getting court order, etc, etc.
Because of the usual legalistic mumbo-jumbo, it is easy think that court orders are require for everything. But that is only Part 1! You need to read on until you come to Part 4 – COMMUNITY PROTECTION. Here things change dramatically.
FOR SOME REASON, THE ABILITY TO COPY AND PASTE SEEMS TO BE BLOCKED. THAT IS NOT SOMETHING THAT I HAVE COME
ACROSS IN GOVERNMENT DOCUMENTS BEFORE.
So I’ll have to type bits out. The best thing to do is go see for yourself.
HANG ON. I’VE FOUND A WAY!
Chapter 1 of Part 4 concerns ‘Community Protection Notices’.
Power to issue notices
(1)An authorised person may issue a community protection notice to an individual aged 16 or over, or a body, if satisfied on reasonable grounds that—
(a)the conduct of the individual or body is having a detrimental effect, of a persistent or continuing nature, on the quality of life of those in the locality, and
(b)the conduct is unreasonable.
(2)In subsection (1) “authorised person” means a person on whom section 50 (or an enactment amended by that section) confers power to issue community protection notices.
So we go to section 50 to see who is an authorised person and we find:
Authorised persons
(1)A community protection notice or a fixed penalty notice may be issued by—
(a)a constable;
(b)the relevant local authority (see subsections (2) and (3));
(c)a person designated by the relevant local authority for the purposes of this section.
(2)For a community protection notice, “the relevant local authority” means the local authority (or, as the case may be, any of the local authorities) within whose area the conduct specified in the notice has, according to the notice, been taking place.
So we see that, as far as ‘Community Protection Notices’ is concerned, NO COURT ORDERS ARE REQUIRED.
——————————–
But for what we want to know about, we must go to Chapter 2 of Part 4:
CHAPTER 2.
Public spaces protection orders.
Public spaces protection orders.
55 Power to make orders.
(1)A local authority may make a public spaces protection order if satisfied on
reasonable grounds that two conditions are met.
(2)The first condition is that—
(a)activities carried on in a public place within the authority’s area have had a detrimental effect on the quality of life of those in the locality, or
(b)it is likely that activities will be carried on in a public place within that area and that they will have such an effect.
(3)The second condition is that the effect, or likely effect, of the activities—
(a)is, or is likely to be, of a persistent or continuing nature,
(b)is, or is likely to be, such as to make the activities unreasonable, and
(c)justifies the restrictions imposed by the notice.
(4)A public spaces protection order is an order that identifies the public place referred to in subsection (2) (“the restricted area”) and—
(a)prohibits specified things being done in the restricted area,
(b)requires specified things to be done by persons carrying on specified activities in that area, or
(c)does both of those things.
(5)The only prohibitions or requirements that may be imposed are ones that are reasonable to impose in order—
(a)to prevent the detrimental effect referred to in subsection (2) from continuing, occurring or recurring, or
(b)to reduce that detrimental effect or to reduce the risk of its continuance, occurrence or recurrence.
——————-
What is the big worry here? Is in not obvious? HAVE TOBACCO CONTROL HAD ANY HAND IN CREATING THIS PROPOSED LEGISLATION? I would be extremely surprised to find that they had not.
You can see it, can’t you? Dozens of Zealots all preparing letters to the Council and all complaining about how annoying the tobacco smoke in the Town Hall Square is. You can see similar complaints about smoking at events held in the open air. Knowing what we know about Wigan Council’s capitulation to the psychopaths in the ‘Wellbeing’ Dept over the use of ecigs, it is hardly likely that the Zealots will not use these provisions to their advantage.
———————-
So this Bill is a BIG, BIG worry. What is even more bothersome is that THIS BILL HAS ALREADY HAD ITS FIRST READING! Traditionally, Bills are not questioned on the first reading. In effect, the first reading us just an ‘introduction’ of the Bill. The question which occurs to me is, “Are MPs (and especially Ministers) aware of the insidiousness of this Bill?” In my opinion, just as a citizen, it is far, far too open to abuse by groups of Zealots of all kinds. The conditions required for a local authority to issue these ‘protection orders’ must be much more clearly defined. For a start, if Public PLACES are to be protected, the Bill should be about protecting BUILDINGS, GRASS, PATHS, ETC against vandalism and such, and not about persecuting people. As regards ‘activities’, they come under Chapter 1, unless those activities are in the nature graffiti and such.
There seems to me to be an overlap between Chapter 1 and Chapter 2. ‘COMMUNITY’ protection should be about protecting THE PEOPLE’; ‘SPACES’ protection should be about protecting ‘THINGS’.