As a settlement within the framework of the new Tidö agreement, a stronger access ban is to be investigated. Among other things, it is about shop owners themselves being allowed to port people who commit crimes or disturb the order.
The ban shall also apply to libraries and bathing facilities.
– Anyone who owns and runs a store needs powerful tools to ensure the safety and security of their customers, says Gunnar Strömmer (M).
“A more efficient way to, while maintaining legal security and protection against discrimination, arrest people who commit crimes or disturb the order in, for example, shops, libraries and bathhouses can help curb everyday crime, protect businesses and contribute to increased local security,” the Tidöparties write in the agreement.
The Act on Prohibition of Access
With the help of the law on access bans that came in just over two years ago, store owners have previously had the option, for a limited period, of porting customers over 15 years old in case of repeated harassment and violence against employees. This is done by applying for an access ban which is tried by a prosecutor.
But if Tidöpartierna’s proposal becomes a reality, the owners themselves can decide to port customers.
– The access bans have been an important step in being able to get the support of the judiciary, and an opportunity to exclude certain people from being in a store, says Strömmer.
Something that has been requested by the industry for a long time. A justified demand from traders, says Strömmer.
– At the same time, we see that many traders are asking for increased opportunities to act themselves. Then we think it is reasonable to look at that question and investigate the possibility of expanding those possibilities.
Risks legal certainty
The legal expert, Johanna Björkman, is aware of the problem of theft and harassment in trade, but believes that this risks jeopardizing the rule of law.
– In the past, it has been seen that legal certainty can only be established if you go through a prosecutor who evaluates the whole situation, says Johanna Björkman and continues:
– Then you apply for a ban against a certain person. That person is then served and given the opportunity to express himself. If that person violates the access ban, they face penalties.
This entire process contributes to legal certainty. In addition, it is a far-reaching restriction of a person’s freedom who is prohibited from staying in a public place, according to Björkman.
– I think you should use the law that already exists, she adds.
“Dealers know best”
When asked how the stores themselves should determine if a person is really disruptive, the Minister of Justice replies:
– These are basically balances that we are now looking at in more detail in the investigation, Strömmer replies.
– But my point of departure is that traders around Sweden have good judgement, know their local environment and know where the boundaries should be.