Sections of the government’s proposed Antisocial Behaviour Bill could contravene both the Children’s Act 1989 and the Human Rights Act 1998, according to an independent report commissioned by an alliance of charities, writes Clare Jerrom.
Thirteen charities including The Children’s Society, Barnardo’s, and NCH have joined together because they fear a number of the bill’s proposals apply short-term solutions to long-term problems.
“We fear that the effect of the bill will be to alienate children and young people from their communities, to scapegoat children and young people and reinforce negative stereotypes,” said a joint statement from the group, which also raises concerns about the lack of consultation on the bill’s measures.
However, the proposal to remove reporting restrictions on journalists for children who are subject to antisocial behaviour orders could breach both the Children Act 1989 and the Human Rights Act 1998, according to Anthony Jennings QC, author of the independent report.
The bill also plans to give police powers to return a child to their home after 9pm in certain circumstances, which Jennings condemns as a “nation-wide curfew on young people under 16”. The clause giving police powers to disperse groups of two or more immediately, “contains some breathtaking provisions”, and breaches several parts of human rights legislation.
The bill received its second reading in the House of Lords last week. The next stage, committee stage, where every clause is scrutinised and amendments tabled, is planned after the parliamentary recess on 11 September.
The fifteenth report from the joint committee on human rights published this week also raises concerns over the bill, and highlights that the new Part 8 of the bill “could give rise to a risk of incompatibility with convention rights” in relation to clause 59, which gives police powers to impose conditions on ‘public assemblies’ on groups of two or more people.
Meanwhile, a woman who was banned from areas of north London for eight years last year under an antisocial behaviour order, has failed in her high court challenge to the ban. Lord Justice Dyson refused to intervene, but said Linda McNamara could challenge the terms of the ASBO at the crown court if she wished.
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Details of government consultations
02 October 2008
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25 July 2008
Government Legislation
25 July 2008