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30646 Anti Social Bill.Indd 30646 Anti Social Cover Modified—1 August 2013 10:30 PM Public Bill Committee ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING BILL WRITTEN EVIDENCE PUBLISHED BY AUTHORITY OF THE HOUSE OF COMMONS LONDON – THE STATIONERY OFFICE LIMITED PBC (Bill 007) 2013 - 2014 30646 Anti Social Cover Modified—1 August 2013 10:30 PM © Parliamentary Copyright House of Commons 2013 This publication may be reproduced under the terms of the Open Parliament Licence, which is published at www.parliament.uk/site-information/copyright/ Enquiries to the Office of Public Sector Information, Kew, Richmond, Surrey TW9 4DU; e-mail: [email protected] Distributed by TSO (The Stationery Office) and available from: Online The Houses of Parliament Shop www.tsoshop.co.uk 12 Bridge Street, Parliament Square London SW1A 2JX Mail, Telephone, Fax & E-mail Telephone orders: 020 7219 3890 TSO General enquiries: 020 7219 3890 PO Box 29, Norwich NR3 1GN Fax orders: 020 7219 3866 Telephone orders/General enquiries: 0870 600 5522 Email: shopwparliament.uk Order through the Parliamentary Hotline Lo-call 0845 7 023474 Internet: Fax orders: 0870 600 5533 http://www.shop.parliament.uk E-mail: customer.serviceswtso.co.uk Textphone: 0870 240 3701 TSOwBlackwell and other Accredited Agents 30646 30646 Anti Social Bill Modified—2 August 2013 12:15 AM Anti-Social Behaviour, Crime and Policing Bill: Written evidence 1 Contents British Naturism (ASB 01) John Randall (Independent Chair, Police Negotiating Board and Police Advisory Board for England and Wales (ASB 02) RSPCA (ASB 03) Alcohol Concern (ASB 04) ACPO (ASB 05) Nacro (ASB 06) David Tucker (ASB 07) Cats Protection (ASB 08) Baroness Newlove of Warrington (ASB 09) Criminal Justice Alliance (ASB 10) Communication Workers Union (ASB 11) StopWatch UK (ASB 12) Battersea Dogs and Cats Home (ASB 13) Mencap (ASB 14) Countryside Alliance (ASB 15) City of London Corporation (ASB 16) The Ramblers (ASB 17) Blue Cross (ASB 18) Gun Control Network (ASB 19) JUSTICE (ASB 20) Irwin Van Colle (ASB 21) Association of Police and Crime Commissioners (ASB 22) Rt Hon Damian Green MP (ASB 23) Fair Trials International (ASB 24) Social Landlords Crime and Nuisance Group (ASB 25) StopWatch UK (ASB 26) Standing Committee for Youth Justice (ASB 27) BVA and BSAVA (ASB 28) Open Spaces Society (ASB 29) Imkaan (ASB 30) Guide Dogs for the Blind Association (ASB 31) Southall Black Sisters (ASB 32) Ashiana Network (ASB 33) Association of Convenience Stores (ASB 34) Local Government Association (LGA) (ASB 35) Committee on the Administration of Justice (CAJ) (ASB 36) Dr Aisha K. Gill, Southall Black Sisters and Ashiana Network (ASB 37) Dr Aisha K. Gill (ASB 38) Dogs Trust (ASB 39) Lambeth Mediation Service (ASB 40) Ben Abbott (ASB 41) ACPO supplementary (ASB 42) Home Office (ASB 43) Home Office supplementary (ASB 44) The Kennel Club (ASB 45) Vera Baird, Police and Crime Commissioner for Northumbria (ASB 46) Home Office, Damian Green MP, Minister of State to Stephen Phillips QC MP (ASB 47) Home Office, Jeremy Browne MP, Minister of State to Stephen Phillips QC MP (ASB 48) Living Streets (ASB 49) The Institute of Public Rights of Way and Access Management (IPROW) (ASB 50) Leeds City Council (ASB 51) Angelus Foundation (ASB 52) The British Horse Society (ASB 53) Play England (ASB 54) CHP (ASB 55) The Motoring Organisations’ Land Access & Recreation Association (LARA) (ASB 56) Skills for Justice on behalf of the JSSC group (ASB 57) Inspector Jim Tyner (ASB 58) Victim Support (ASB 59) 30646 Anti Social Bill Modified—2 August 2013 12:15 AM Anti-Social Behaviour, Crime and Policing Bill: Written evidence 3 Written evidence Written evidence from British Naturism (ASB 01) EXECUTIVE SUMMARY 1. Naturism is practised by a substantial portion of the population, often in family groups with members of all ages. The number of naturists has almost quadrupled in ten years to nearly four million. Naturism is, and always has been, legal. Naturism is uncontroversial to 87% of the population, with only 9% opposed (Ipsos MORI 2011), yet it could be prohibited under any one of this bills anti-social behaviour provisions. It would be entirely wrong to enact this bill in its current vague form, with thresholds set so low that almost any activity could be prohibited. This is compounded by inadequate consultation requirements and unjustifiable restrictions on challenge. This can only lead to a grossly over regulated, repressed, and far from free society. We believe that without additional safeguards these powers will be abused, and that, combined with the extreme difficulty in challenging such abuses, will lead to increased alienation and disaffection of minority groups. The bill as presently worded will result in Human Rights abuses. We respectfully request that this bill be amended so that harmless practises such as Naturism cannot be prohibited as an unintended consequence. We would like to commend to the committee, the dictum of Roy Jenkins when home secretary: “If you want to stop people doing something which they enjoy doing, which they believe is within their liberty of action, then you’ve got to have an overwhelming social case. If you’re going to stop them, you shouldn’ t do it out of prejudice, or out of habit, but only because you can show that definite social evil results”. GENERAL SUBMISSION 2. British Naturism is the nationally and internationally recognised representative body for Naturism in the UK. 3. According to a GfK NOP survey in 2001, there were just over a million people in the UK who described themselves as naturists. An Ipsos Mori survey in 2011 found that had increased to 6% of the population (around 3.7 million people), and many more practised some aspect of Naturism, for example, 10% of the population (about 6.2 million people) have swum naked. The survey also showed that 82% of the population considered that naturists are harmless, 5% thought them sensible, 9% thought Naturism disgusting, and 1% wrongly thought it illegal. Public acceptance of nudity is now such that there are annual “World Naked Bike Rides” in some of our major cities and towns, with enthusiastic crowds lining the streets in places. The atmosphere is overwhelmingly positive but even so one senior police officer has made it clear that if he had his way the event would be prohibited in his area. (The WNBR is a protest movement, not a naturist event). If committee members would like to see this acceptance for themselves, there are many videos of the WNBR on YouTube. 4. Naturism has been practised in this country since time immemorial. Parliament has been careful in the past to protect the interests of naturists. When attention was drawn to the threat posed to Naturism by s.66 of the sexual offences act 2003, the government brought in amendments to resolve the problem. In 2007, at the request of British Naturism, Parliament repealed powers to make bye-laws to regulate the costume required for bathing. 5. We know from bitter experience that if a power can be abused against naturists then it will be. Despite the careful wording of s.66 SOA, there have been many prosecutions under it for simple nudity, with naturists having to endure long stressful delays before being cleared, sometimes only on appeal. 6. We understand the government’s desire to strengthen local democracy by giving councils increased powers. Nonetheless we are very worried by councils having powers to prohibit Naturism. Councils receive complaints about Naturism from a smallish but vocal minority of residents in some places where there is a naturist beach nearby. Some councils react without regard to the general attitude of the public towards Naturism, as illustrated in (2) above. They react to complaints in isolation, as if they represented general or majority opinion, by seeking to impose bans without any consultation and without any consideration of alternatives. 7. Example. Gwynedd council, reacting to complaints from villagers, sought a bye-law to prohibit nudity on the whole of a beach. This was despite the beach being a mile from the village and the part used by naturists in a little used area a mile from an access point. The home office declined a bye-law. The council ignored this and put up signs purporting to restrict Naturism to a smaller portion of the beach, prohibiting “sun bathing in the dunes”, and stating that disobedience would result in prosecution. This was accompanied by the institution of highly intrusive patrolling of the naturist area by council vehicles, with staff armed with megaphones ordering people out of the dunes, and even on one occasion breaking up a cricket game. The police co-operated in this harassment by instituting vehicular patrols which paid attention only to the naturist part of the beach, and by diverting the police helicopter to fly at very low altitude up and down the naturist area. From a haven of tranquillity, the beach became a very edgy and unsettled place. Peak season naturist use of the beach fell from an (estimated) 1,000 plus, to 350 (counted). Thankfully this harassment has ceased, but numbers have not recovered. The existence of this “official” beach has also been used as an excuse to order naturists off other 30646 Anti Social Bill Modified—2 August 2013 12:15 AM 4 Anti-Social Behaviour, Crime and Policing Bill: Written evidence traditional clothes optional beaches in the county. Has anyone stopped to consider the loss to local economies in camp and caravan site fees, shop takings, and the like? 8. We believe that extra-legal and anti-social behaviour such as that of Gwynedd council gives us good reason to oppose local authorities having the powers in this bill, without additional safeguards.
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