Viscount St. DavidsMy Lords, I beg leave to ask the Question standing in my name on the Order Paper.
§ The Question was as follows:
§ To ask Her Majesty's Government what is the legal status of the recently imported Halloween "trick-or-treat" custom of demanding money on a threat to play a nasty trick, which is now being used by youths to obtain money from old people and others.
The Minister of State, Home Office (The Earl of Caithness)My Lords, there is no law against the custom as such and it would be exaggerated to introduce one. But there is of course the criminal offence of making an unwarranted demand with menaces, and Clause 5 of the Public Order Bill will make it an offence to use threatening or disorderly behaviour which causes harassment, alarm or distress.
Viscount St. DavidsMy Lords, I thank the noble Earl for that very good Answer, but is he aware that this practice is causing distress to some old people who are being asked for money? If it was simply a case of a penny for the guy they could say no, but in this case it is difficult for old people because they may have a trick played on them.
Furthermore, the situation is made more difficult by the fact that this is being done not only by teenagers but by very small children who are out late at night. It is not a good idea in any case that small children should be wandering the streets and going into strange houses. Can the noble Earl ask the education authorities and others whether they can in some way discourage this practice? Surely it is one that should not continue.
The Earl of CaithnessMy Lords, we realise that distress is being caused but in very few cases when the habit is considered throughout the country; and the practice is generally undertaken with good humour. I 800 am glad that the noble Viscount will support the Government on Clause 5 of the Public Order Bill. As regards approaching the education authorities, I think that we should approach parents and remind them of their responsibilities.
§ Lord MishconMy Lords, will the noble Earl take great comfort from the fact that the noble Viscount described his reply as a "very good Answer"? Will he furthermore tell the House whether evidence has reached the Home Office through the police that discomfort or fear is being caused by this practice?
The Earl of CaithnessMy Lords, such evidence has not come directly from the police but Age Concern has written to us and the matter has been raised by Members of Parliament in another place.
§ Lord MellishMy Lords, is the noble Earl aware that in the district where I have lived all my life they do not wait for Halloween but knock over old people and take their money at any time?
The Earl of CaithnessMy Lords, I am sorry to hear that. But in that case I know that the noble Lord will support us even more firmly on the Public Order Bill.
§ Lord RentonMy Lords, is my noble friend aware that if adults incite children or young people to commit the offences and the possible future offences to which he referred those adults will themselves be guilty of the offence of aiding and abetting?