East Devon: ASBOs are 'not working', says local MP

ASBOs are 'not working', says local MP

ANTI Social Behaviour Orders are "not working", skewing the public's perception of crime and leaving communities feeling powerless.

That's the view of East Devon MP Hugo Swire, who broke away from the Conservative Party Conference to address issues raised in last week's Herald.

He wants sanctions against yobs to be more transparent - so the public can play a part in the justice system.

Referring to concerns being raised by readers, Mr Swire said: "Anti Social Behaviour Orders are not working at all.

"They should be more visible; a badge of humiliation, not honour.

"There's a feeling in our communities of general lawlessness. It's a perception."

Mr Swire is concerned that people feel their "streets are being taken over", leaving them "unprotected".

He says louts would be named and shamed under a Conservative govern-ment and that more would be done to promote the importance of traditional family units.

"All reporting restrictions should be lifted," he said, pointing out the spirit of the law is not being adhered to by agencies dealing ASBOs.

This newspaper approached Mr Swire - to ask why anonymous civil servants are monitoring un-named yobs when the original aim of ASBOs was to empower communities.

The public was promised they would be told who the troublemakers are and what restrictions had been imposed on them - giving the community a chance to report breaches and play a part.

But legislation, protecting human rights, has been used in favour of villains to diminish the spirit of the law.

"We will pretty much scrap that legislation and bring in our own bill of rights," said Mr Swire.

"Yobs don't particularly want their mug-shots in the local Press. It's 'un-cool', and it would humiliate them."

Central to Mr Swire's concerns is the importance of the family unit.

He'd like to see a more holistic approach taken, saying children who grow up with two parents and role models are statistically more likely to steer clear of trouble. It's a proven fact, he stressed.

In cases where young people are hell bent on causing trouble, no matter what interventions they've benefited from, Mr Swire would like more prison and other institutional places made available so magistrates and judges can impose appropriate sentences.

"People are losing faith," he said. "They feel the streets are being taken over. They are feeling unprotected."

n YOUR Herald is concerned that public money is being spent on ASBOs when the spirit of the law is being pushed aside, in favour of protecting yobs' identities.

The whole point of ASBOs is that they should offer a carrot and stick approach to persistent offending.

Interventions and support are the 'carrot', but where is the 'stick'?

People power was supposed to play a part in the monitoring and reporting of ASBO breaches, but this is not happening - because anonymous civil servants have taken over the role of the public.

The 'Working Together' guidance for ASBOs, issued by the Home Office, makes the following points:

l Publicity is essential if local communities are to support agencies tackling anti-social behaviour. There is an implied power in the Crime and Disorder Act 1998 and the Local Government Act 2000 to publicise an order so that the order can be effectively enforced.

l ASBOs protect local communities. Obtaining the order is only part of the process; its effectiveness will normally depend on people knowing about the order.

l Information about ASBOs obtained should be publicised to let the community know that action has been taken in their area.

l The decision-maker should recognise and acknowledge that for publicity to achieve its aim it might interfere with the individual's human rights and potentially those of his or her family.

l Publicity reassures the community that action is being taken, provides them with the information to report a breach and can act as a deterrent to others whose nuisance behaviour impinges on the quality of life of others.

http://www.midweekherald.co.uk/midweekherald/news/story.aspx?brand=MDWOnline&category=news&tBrand=devon24&tCategory=newsmdw&itemid=DEED09%20Oct%202007%2013%3A21%3A17%3A110