Illegal Encampments (East of England)
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Robert Halfon (Harlow) (Con)
It is a pleasure and an honour to serve under your chairmanship, Mr Chope. I am hugely grateful to the Speaker for granting me this debate on illegal encampments in the east of England, something that has been a particularly big problem in Harlow over the past year. I would especially like to thank Marysia Rudgley and the Harlow antisocial behaviour team, who have been working tirelessly to solve the issue, and individual Harlow police officers who I know have the best interests of Harlow at heart. Most of all, however, I would like to give special thanks to the local residents of Harlow, some of whom are here. Despite many of them suffering misery over the past year, they have been patient, kind and tolerant under the circumstances.
I should stress that I have nothing against Travellers as a community. I have nothing against their way of life, and I believe that they have a right to equality before the law. I appreciated speaking and meeting with the Travellers in Harlow, who have made their views clear to me, but like most residents, I cannot accept that it is acceptable for them to build illegal encampments wherever they like. Equality before the law means that everyone should be treated equally before the law, so in this debate, I will concentrate on four issues: first, the failure of the authorities in the east of England to deal adequately with illegal encampments; secondly, the failure of the police to uphold the law consistently; thirdly, the failure of our police and crime commissioner to scrutinise the police and to represent residents properly, as his job requires; and fourthly, what the Government should do to improve the situation.
According to recent Government statistics, 1,280 caravans were in unauthorised encampments on land not owned by Travellers in July 2014. Many of those were in the east of England. In Suffolk, there have been over 200 unauthorised encampments since 2007, and there have been high-profile camps across the region in places such as Wisbech, Basildon, Thurrock and Peterborough. However, few places have suffered as badly as Harlow and the constituency of my hon. Friend the Member for Thurrock (Jackie Doyle-Price). Since October 2013, as of yesterday, 81 illegal encampments have been set up in Harlow.
I have been contacted daily by hundreds of residents in distress by phone, e-mail and on social media, with stories of alleged antisocial and intimidating behaviour committed by the occupants of the sites, and I have seen for myself the mess that each site has been left in. Every time the illegal camps are moved on, the occupants just create another site, often just down the road. So far, Harlow council has spent over £40,000 of taxpayers’ money dealing with the problem, and over 2,100 residents have signed my petition calling for urgent action.
The situation has become so bad that The Sun, the Daily Mail, The Times and national TV have covered the story in Harlow, and The Sun newspaper did a two-page spread on Harlow last week with the headline, “The town under siege by gypsies”. Harlow is a beautiful town. I am proud to live there and to represent it as a Member of Parliament, but illegal encampments are destroying our reputation, our quality of life and the peace and stability for many Harlow residents.
Initially, I would like to talk about the response of local authorities to the issue, and I want to make a number of points: the first is that adequate laws are available to be used; the second is about pursuing the occupants of camps for compensation; and the third is on the issue of needing more sites.
As I mentioned, I have nothing but admiration for the hard-working members of Harlow council’s antisocial behaviour team. They are the true heroes of this story, and they have been working day and night 24/7 over the past year to try to alleviate the situation. However, I am concerned that Harlow council as a whole has been reluctant to use all the powers available to it, and has given out confusing messages. For example, despite the Department for Communities and Local Government recommending that councils can use byelaws to deal with unauthorised encampments, Harlow council has said:
“It would be difficult to justify attaching this power to a main dwelling thus effectively making a person homeless.”
It has also said in communication with me that it cannot use section 77 of the Criminal Justice and Public Order Act 1994, as vehicles are frequently changed by Travellers. However, that also applies to caravans, and it seems surprising that the illegal occupants would be changing such big-ticket items so often as to make enforcement of the law impossible.
I hope that in this debate, the Minister can set out what powers are available to the local authorities so as to avoid any further confusion in such cases. I am also disappointed that in some cases, our local council seems slow to act, a point that has been echoed by colleagues from other councils across the east of England, such as my hon. Friend the Member for Thurrock. According to what is available on the Harlow council website, the local council did not approach the Department for help or guidance until 17 July 2014. That was nine months after the problem began, and the town had already experienced 35 illegal encampments during that time.
Another problem that many of my colleagues will have faced across the east of England is the mess that is left after an illegal encampment has been in an area, and I know my hon. Friend will speak about that. In Harlow, it has been particularly bad. Many residents have written to me complaining about churned-up mud on green spaces due to cars constantly driving on and off fields, and about fly-tipping and human waste. One mother told me that she could no longer allow her children to play outside as she had witnessed children from an illegal encampment using the local playground as an outside toilet. It would be helpful if the Government could clarify how such waste should be dealt with. Who is responsible? Is it the council or the Environment Agency? It is really disappointing that just one individual has been arrested for fly-tipping, and they were not even prosecuted.
Harlow council has said:
“With regard to public excrement while this is evidence of harm there is insufficient evidence at this time to show that it amounts to a public health issue that Environmental Health Officers could prosecute for”.
Yet one resident wrote to me saying that the land outside their home and their fence had been turned into an open public toilet, and they are now seriously concerned about their children’s health. Action must surely be taken urgently to stop that kind of thing. Furthermore, the council should be much more aggressive in pursuing the perpetrators for compensation. It is outrageous that hard-working Harlow residents have to spend thousands of pounds through their taxes on clean-up costs. The council says on its website that
“there is very little any Council can do to recover money from illegal encampments.”
I would be grateful if the Minister could clarify whether that is indeed the case.
Furthermore, I would like to address the issue of Traveller pitches. A spokesman for the Travellers in Harlow has said that they cannot leave because they have nowhere else to go. There has been a persistent criticism, mainly from those in the Labour party, that the Government have failed to provide enough camps. Indeed, I am disappointed that Essex council has not provided any transient camps, and that neither Essex council nor Harlow council applied for Traveller pitch funding from the grant available from the Government that was designed to meet the needs of the travelling community. However, I am not convinced that that would solve the problem in Harlow. Our town already has two legal Traveller sites—more than anywhere else in the county of Essex—one of which has 10 free spaces on it. Furthermore, as I am sure my hon. Friend the Member for Peterborough (Mr Jackson) will confirm when he speaks, when transient sites do exist, such as in Peterborough, they are rarely used. That has been confirmed by a BBC “Look East” report.
I certainly suggest that any further sites in Essex not be sited in Harlow. We already have more than our fair share. Furthermore, not having a transient site—this is the nub of the argument—is not an excuse to break the law. Many thousands of residents in my constituency do not have a home; they are on the waiting list for housing. They are not allowed to set up illegal encampments, or camp on private or public land, so why, when certain individuals set up illegal encampments, does everyone seem to allow that to happen? We cannot allow one group of people to break the law. We cannot say, “Yes, because of their situation, they are allowed to break the law,” because otherwise the whole of our society would break down.
I shall now talk about the police response to illegal encampments, focusing on the communication with residents and the inconsistent use of available laws. As I said, there are good examples of individual local police officers in Harlow going above and beyond their duty to help residents. I have also, though, received many complaints about allegations not being taken seriously. One lady got in touch to say that her car and property had been damaged, but the police did not even come to see the damage. To date, only 11 section 61 notices have been served, despite there having been 81 illegal encampments. I have been told by the police that guidelines from the Association of Chief Police Officers make use of section 61 of the Criminal Justice and Public Order Act 1994 in this context complex. In the ACPO guidance, section 1.6 states:
“Decisions to evict or not must…be balanced (as directed by legislation and Government guidance), and be compliant with the terms of the Human Rights Act 1998, demonstrating legality, necessity, and proportionality, as well as principles of common humanity.”
Interestingly, in a letter to the Minister, the chief executive of Harlow council states:
“The Council is concerned about the differing decisions taken in respect of whether a Section 61 Notice should be used or not. We do not feel that the guidance provided by the Association of Chief Police Officers…is particularly helpful in this regard.”
I agree with Harlow council on that point: it is essential that section 61 notices be served consistently. I would appreciate it if the Minister confirmed today that the ACPO guidelines are exactly that. They are not tablets of stone from Mount Sinai. They are ACPO guidelines, not the law, and the police do not have to follow them. I and the residents of Harlow fear that the police are using the ACPO guidelines as a convenient excuse for inaction and are hiding behind issues such as human rights. As the residents always say, “What about the human rights of residents and their families to live in peace, without fear and without having to face antisocial behaviour?”
The council has also said that section 62 of the same Act, which can be used when Travellers trespass on land and are not using pitches available to them, cannot be used because no legal sites are available. However, as I mentioned, there are 10 pitches that could be made use of in Harlow, and if that is such a necessity to prevent criminality, it is even more astonishing that neither Essex nor Harlow council applied for Traveller pitch funding when it was available.
Even if it is not possible to issue section 61 or 62 notices, the police could use section 59 of the Police Reform Act 2002, which deals with vehicles being used in a manner that causes “alarm, distress or annoyance”. Surely that applies to cars or caravans driving aggressively down, and blocking, cycle paths.
The lack of action is sadly resulting in a serious loss of faith in the chief constable of Essex. One resident recently wrote to me about a group of caravans parked illegally on the roadside by a school:
“The police were contacted by one of the other parents and the school’s headteacher. The police simply recorded the information but don’t appear to be doing anything about it”.
I have also been written to and telephoned by residents about police driving past and seeing Travellers driving up and down cycle paths, but simply ignoring that. Sadly, I then get residents asking me what would happen if they did the same—if they parked their car on a cycle track. I can only conclude that the police would usually, and should, take action in such circumstances. As I said, it is so wrong and so dangerous that many people in Harlow now believe that those individuals who occupy illegal encampments are above the law.
Along with my hon. Friend the Member for Thurrock, I have written to the Home Secretary asking for an inquiry into whether the chief constable of Essex police is upholding the law properly, and whether his response until now has been appropriate. I welcome the agreement of the Minister for Policing, Criminal Justice and Victims to a meeting with me and my hon. Friend to discuss these matters.
I say again that although I respect the contributions of individual officers, residents of Harlow believe that the police are more concerned about the human rights of Travellers than those of law-abiding residents, and that the police are hiding behind ACPO guidelines while trying to put all the burden on the local authorities and the courts.
It is incredible that my hon. Friend the Member for Thurrock and I have had to write to three Cabinet members—the Justice Secretary, the Communities Secretary and the Home Secretary—because of a lack of confidence in the chief constable of Essex police and the police and crime commissioner. I do not think that there have been many occasions on which two MPs have written such a letter.
It is to the police and crime commissioner that I want to refer now. The problem is that we have a police and crime commissioner who still has no proper Essex-wide strategy to deal with the problem of illegal encampments and who does not hold the chief constable to account on this issue, represent residents or, as many residents have told me, respond to residents in a timely fashion.
Following the joint letter that I wrote with my hon. Friend to Cabinet Ministers, I received a letter from the police and crime commissioner that I found astonishing. In the letter, he states:
“We must encourage residents to report incidents of concern to them to the police, but I know from close contact with the police there have been relatively few of these and when the allegations you have often repeated on air have been investigated the reality is not as you tend to represent it.”
I ask my police and crime commissioner what planet he is living on. He should not just do the odd public meeting, but come properly and meet Harlow residents. He should go knocking on door after door and actually represent the people who elected him. Even Harlow council is at odds with that view and has said:
“The experience in Harlow is such that regrettably criminality is often associated with illegal encampments.”
I would like the police and crime commissioner to think about his statement when he hears the following stories and explain to Harlow residents why he thinks that there are “relatively few” incidents, which does not reflect reality.
Let me tell hon. Members about a few of the incidents. A group of young men shouted abuse at one elderly lady while she was walking her dog and followed her to the shops. She was so scared that the police had to come and take her home, although no action was taken against the men. She did not go out for several weeks, despite its being Christmas, and became seriously ill because of stress.
One family told me that tools were stolen from the back of a van. They told me that despite the fact that they knew who had taken them and they were on an illegal encampment nearby, the police just said that they should claim on their insurance and should not go and try to get their tools back. Several days later, they saw their tools being sold at a local DIY store car park from the back of a van. That is unbelievable. Then there is the husband who was punched by a group of about 20 young men but has lost so much confidence in the police’s ability to act that he did not report it. I do not believe that my Harlow residents are exaggerating, but I do feel that many have lost faith that the chief constable and the police and crime commissioner will act on their concerns.
Jackie Doyle-Price (Thurrock) (Con)
Like my hon. Friend, I was astonished by the response of the police and crime commissioner when we raised these issues with him. I was copied in on an e-mail from a resident just today. The response to her complaint about encampments in Thurrock referred to working hard with people in Basildon to tackle them. It just shows a degree of complacency about reacting to the public. Frankly, when we introduced police and crime commissioners, we expected that that was where accountability would come from. I do not think that it is acceptable for the police and crime commissioner to shoot the messenger, as he has done in this case.
Robert Halfon
My hon. Friend the Member for Thurrock —I call her friend in the true sense of the word—has been fighting similar problems in her constituency. We wrote our joint letter because we were so upset about the response of the authorities. It was not an easy thing for us to do, particularly given that the police and crime commissioner is a Conservative. I am sure that my hon. Friend will agree with some of the things that I will go on to say.
The police and crime commissioner has also criticised my call for zero tolerance of illegal encampments. I quote his letter to me:
“I do need to make it clear to you that I believe you are doing little genuinely to help the problem and you are at risk of exacerbating it...too easily what you are saying should be a ‘zero tolerance’ approach is interpreted as zero tolerance towards travellers.”
I find that incredible. That is a Conservative police and crime commissioner saying such things. His letter continues:
“That cannot be right and I would urge you to be really cautious. As I say I do not intend to respond in public to what I regard as frankly insulting comments but I think you are on thin ice”.
Well, Mr Commissioner, that is our fundamental disagreement. I believe that we should have a zero-tolerance policy towards illegal encampments and illegality. I am calling for zero tolerance not towards any minority group, but towards people who break the law. I believe that the police and crime commissioner should represent residents and put in place a proper Essex-wide strategy on the matter, similar to the strategy that he has implemented for tackling domestic violence across the county. He has done good work on that.
The police and crime commissioner has complained about my use of social media to highlight the problem, and my response is simple. I will continue to use social media to highlight what is going on in Harlow, and I will urge every resident in my constituency to contact him on Twitter and Facebook when they have concerns about the authorities’ response to illegal encampments. I am sorry that he does not like that. I hope that he will tackle illegal encampments with the same passion and commitment as he has shown for dealing with domestic violence.
I turn to the changes that the Government should make. I recently took part in a debate with a senior police officer and the police and crime commissioner on BBC Essex radio, in which we expressed serious disagreement with one another. The presenter, Dave Monk, made an important point when he asked me, “Aren’t you all passing the buck?” On reflection, I believe that he was right, in a way. I will not say that it is simply the fault of the local authorities, the chief constable or the police and crime commissioner, because there is a lot more that the Government can do.
The Government have taken some significant steps towards dealing with the problem of illegal encampments, such as lifting restrictions inherited from the previous Government on temporary stop notices and strengthening the Localism Act 2011. There are still some deficiencies, however, and I want to raise three things: the law needs to be clearer; the law needs to be strengthened; and delays in the court need to be tackled.
The Government should look at clarifying existing laws, so that the authorities and the police are in no doubt about the powers available to them, but the law could be strengthened further by making intentional trespass a criminal offence. A law already exists in the Republic of Ireland to allow the arrest of trespassers who refuse to move after being asked to do so by the police. I am arguing that anyone who trespasses on public or private land, as do individuals who set up illegal encampments, should be seen as having committed a criminal offence rather than a civil offence. The Conservative party said in opposition that it would do that, and we must follow through with a proper pledge and make that happen.
The law must also look at ways to stop the game of cat and mouse that often occurs. For example, a group may be evicted from one area and prevented from returning for three months, but they will simply move down the road or return to the same area a few weeks later. That must be addressed if progress is to be made. If a group who have set up illegal or unauthorised encampments are eventually moved on by the police or the courts, the law should state that they cannot return to within at least 15 or 20 miles of that location, otherwise they will face criminal sanctions.
Delays in the court system must be addressed. When the antisocial behaviour team move on occupants of unauthorised encampments, one of the difficulties that they face is the length of time that it may take to secure a court hearing. In the worst cases, Harlow council has had to wait 14 days to obtain a hearing date. It would be helpful if the Government looked at what can be done to speed up the process. I am grateful that the Justice Secretary is coming to Harlow this Friday to tour the illegal sites, and we will speak to him directly about the issues that I have raised.
We have been living under siege in Harlow for the past year, and we are, sadly, a town in crisis. We have had 81 illegal encampments all over the town, which is simply unsustainable. We cannot continue in such a way, and we need serious action. So far, 2,100 Harlow residents have signed my petition calling for urgent action, and I hope that the Minister can ameliorate the situation by setting out some serious changes to the law. I hope that he can ensure that our police and crime commissioner holds the chief constable to account, so that our town can reach Christmas without being blighted by illegal or unauthorised encampments, antisocial behaviour and mess.
Jackie Doyle-Price (Thurrock) (Con)
It is a pleasure to serve under your chairmanship, Mr Chope. I am grateful to my hon. Friend the Member for Harlow (Robert Halfon) for securing the debate, and I agree with every word he has said. The nuisance created by unauthorised Traveller encampments causes distress to far too many residents, and public authorities have failed to get to grips with the problem for far too long.
Like Harlow, Thurrock has been subjected to a number of unauthorised Traveller encampments in the past couple of years. That has caused residents considerable stress and generated considerable frustration with the seeming inability of the police and the local authority to uphold the law and deal with unauthorised encampments. If we are to establish good relations between the Traveller community and the settled community, we must ensure that the legal framework is appropriate and upheld. On that note, I am horrified to hear of the words of the police and crime commissioner, who accused my hon. Friend of behaviour towards the Traveller community that was implicitly intended to make the situation worse. If we do not deal with unauthorised encampments, we will lose the confidence of the public, and that will generate hostility towards the Traveller community. We have a responsibility to the Traveller community to get to grips with encampments that are causing nuisance and distress.
In Thurrock, a large number of established Traveller sites happily co-exist with the settled community. In particular, I would like to highlight the community at Buckles lane in South Ockendon, which is a settlement of show people. That settlement illustrates the fact that we will help the Traveller community if we get the law right. The Buckles lane site is the largest settlement of show people in Europe, but it is on a site that has no planning permission. Although it is tolerated by Thurrock council, the people have effectively been left in limbo because the local authority has failed to put the site on any kind of settled footing. The Travellers who live there want to do the right thing. They want planning permission, and they want to know that after 14 years they can be sure of being able to settle there for good, but they have no security. It is an absolute disgrace that Thurrock council has not stepped up to the plate and worked co-operatively and collaboratively with them. It is almost as though dealing with Travellers, whatever the issue, is always considered to be too difficult. The time has come to have a proper strategy for dealing with the wider issues. We must ensure that, where Travellers are trying to do the right thing, they are supported, and where they are breaking the law, the law is thrown at them.
We have heard the suggestion that one reason why the police cannot take action against unauthorised sites is the absence of alternative pitches, but I do not buy that. Those in many of the illegal encampments have absolutely no intention of settling on a legitimate site, for a number of reasons. There are Travellers who buy the land and settle, and build structures and grow things, without securing planning permission. For residents who live alongside those sorts of settlements, it is offensive to see the council turn a blind eye and refuse to enforce planning laws, because they know that, if they tried to install a dropped kerb or build a garage, the law would come down on them like a ton of bricks. Too often we hear—I am sure this has been said to my hon. Friends—that there is one law for them and another for the rest of us. That is the nub of the issue.
We must get to grips with the problem. There must be equality before the law. We cannot allow members of the Traveller community not to uphold their responsibility to the law and expect the settled community to do so. If we do that, we will undermine confidence in our system of law enforcement, which will lead to much deeper social problems.
The police have assured me, as they have assured my hon. Friend, that they are dealing with illegal encampments in accordance with Essex police policy and Association of Chief Police Officers guidance. As he said, that is where the problem lies. The guidance was drawn up by the diversity team at ACPO, which gives an idea of the ethos behind the rules. The principle that underpins the rules is that Travellers should not be moved on if alternative sites cannot be provided, because that would breach their human rights. That is not acceptable. As he said, if we expect settled communities to abide by legal norms, we should not fail to apply the law to Travellers out of respect for their lifestyle.
I have talked about the activities of Travellers who buy land and subsequently build on it. It falls to the local authority to ensure that those people abide by their obligations under the planning rules. However, the people about whom I am really concerned have no interest in occupying transit sites. They move around sites across Essex and engage in illegal and criminal activities. Frankly, by turning a blind eye to the offences of some Travellers and not promptly applying the law, the law enforcement agencies have left the door open for people to up their game and engage in criminal activities.
That is the situation in Purfleet in my constituency. A criminal gang—I will put it that starkly—has been moving around Thurrock unchallenged. At one point, it settled at Cory’s wharf, which is a large site in Purfleet owned by the local authority and earmarked for housing development. When the site was vacated, the volume of waste left behind was considerable. It could in no way be described as the natural domestic waste of 15 caravans. Bluntly, it stretched for a whole mile along the Thames riverfront. It is clear that the gang was running a commercial waste disposal operation, which was unchallenged by the police and the council for two months. The initial estimate of the cost of cleaning up the site is £1 million. The likelihood of the council or the police securing funds to meet that cost is negligible, so the bill will be picked up by council tax payers in my constituency.
The Essex police and crime commissioner said that the police will deal with the situation proportionately and professionally, but there is a mile-long pile of rubbish that will cost £1 million to clean up. It is understandable that the public are losing confidence in the police’s ability to deal with the problem. I must defend the police, because I am sure they would have used their section 61 powers if the landowner had asked them to do so.
In this case, the landowner was Thurrock council. The council has been caught with its pants down. It is the landowner, but it let the settlement continue for a number of weeks because the site is off the beaten track —it cannot be seen from the road, so nobody knew what was going on. It was a case of out of sight, out of mind. The council thought that, if the gang settled there, it would not cause a nuisance elsewhere. For that six to eight-week period, the gang ran riot and ran a successful business, and we are left counting the cost of cleaning it up.
Even now, the council has failed to get to grips with the situation. It advised the press that the Environment Agency is investigating the situation to see whether the waste is hazardous, and to find out what action needs to be taken to prosecute those people. However, the Environment Agency told me that, although it has had discussions with Thurrock council and the police, it is firmly within the council’s remit to take action. It told me that no inspection of the waste has taken place because there is no reason to believe it is hazardous. Having examined it myself, I agree that it is clearly construction and house dumping waste—it is not industrial waste, but waste dumped by small builders.
It is time that Thurrock council stopped buck-passing. It let the situation develop, it let the settlement establish itself for a number of weeks on its land, and it turned a blind eye to what was clearly a criminal operation. It is Thurrock council’s responsibility to sort out the problem, but sadly, due to its sheer incompetence, it will be down to council tax payers in Thurrock to foot the bill. The criminal gang must be laughing itself silly at our criminal justice system, which has allowed it to run a business unchallenged, and no doubt it has made a healthy amount of money.
Thurrock council shares services with Barking and Dagenham council. I know the Minister is an enthusiast for shared-service arrangements. However, if council officers spent less time driving up and down the A13, they might have had a better idea of what was going on in their backyard.
Travellers continue to maraud around Thurrock unpunished, and they have moved to various sites around Purfleet. They had a short stay at Sandy lane in Aveley, where they were promptly moved because a public sector landowner was not prepared to tolerate them on their land. I have been told that the police and the council are working with the Environment Agency to bring forward prosecutions. However, the Environment Agency advised me today:
“It is extremely difficult to gather evidence and take enforcement after waste has been deposited. Preventative measures such as securing the site”—
that would have been good—
“are more effective than taking action after the event”.
I suspect that no prosecutions will arise from that disgraceful incident. How can the public have any confidence in public authorities if that is allowed to occur?
Since raising this issue publicly, I have been accused of racism, but there is nothing racist about expecting the law to be enforced equally on all who are subject to it. Last year, my partner, who is a councillor in Thurrock, found himself on the wrong side of the law when he challenged Thurrock council for failing to enforce against an unauthorised encampment. He was investigated for inciting racial hatred by the police and the local authority, which was outrageous. To be fair, the investigating officer was clearly embarrassed about interviewing my partner. We were then surprised to hear that voluntary groups across Thurrock were contacted by the police to establish whether they had heard of any hate crimes that had been committed following my partner’s comments.
It is a disgrace that the police service turns a blind eye to the nuisance and distress caused by illegal encampments, but investigates an elected representative for the offence of standing up for his community. I wonder at the culture of political correctness that has been allowed to infect our police. Elected representatives have a responsibility to speak for our communities, and freedom of speech should never be undermined by officers of the local authority or police officers.
We have heard on many occasions about the mission creep of human rights legislation. I was pleased to receive a letter last week from the Minister, in which he stated his concerns about what he described as the “gold plating” of human rights legislation. I feel very strongly that the unwillingness of local authorities to enforce against illegal Traveller encampments in a timely way is symptomatic of that.
I want settled communities to have greater tolerance for Travellers, but we will never get that unless we apply the same standards for upholding the law to everyone. Central to that is swifter, tougher action against unauthorised encampments. Let the mile-long rubbish dump across the Thames seafront at Purfleet be the last time that some members of the Traveller community take us all for mugs.
Sir Alan Haselhurst (Saffron Walden) (Con)
Connoisseurs of parliamentary proceedings may find it wry that I have the honour to serve under your chairmanship, Mr Chope. I hope your mind is cleansed of those occasions when the roles were reversed and I may have had occasion to call you to order.
I thank my hon. Friend the Member for Harlow (Robert Halfon) for giving us this opportunity to raise these issues—issues that I imagine a large number of Members have, to varying degrees. I am in his slipstream in what I want to say this afternoon. He is a doughty champion of Harlow and its residents, and he can rightly describe Harlow as his beautiful city. Equally, I hope he recognises that the district of Uttlesford, which comprises a large part of the Saffron Walden constituency, is continually cited as one of the most desirable places to live in the country. That, of course, adds to some of its problems, as people reading that fact may think about moving to the area. Those people may include Travellers, because we have regular visitations.
It would be hard for me to compare any of the situations in my constituency with the scale of the problem that my hon. Friend is confronted with in his; even my hon. Friend the Member for Thurrock (Jackie Doyle-Price) might take second place in the order of crisis, given the situation that my hon. Friend the Member for Harlow has described. There are many different situations, but too often, across the piece, those situations give rise to public fury; hence the involvement of Members of Parliament. My hon. Friend the Member for Harlow has graphically described what can go wrong, and I recognise most of those situations as having also arisen at encampments in my constituency.
Those who know me will understand my particular concern, not only as president of the West Essex district cricket board, when an incursion in the village of Hatfield Heath interfered with the local cricket ground, causing a competitive fixture to be postponed at a critical time. An ordinary, very English activity that is traditional to villages was disrupted by caravans being parked on the ground. The pitch was scuffed—one remembers a test match that was affected by the pouring of oil on the pitch —and water was taken, causing total disruption. That is part of the general annoyance that has been caused. The general annoyance is that such disruption is a regular thing in the village of Hatfield Heath. Just as people think they have cleared one situation, there is an anticipation, borne out by history, that it will be repeated, which gives rise to extra annoyance. The annoyance is caused not just by that continuity, but by the regular reappearance of caravans, although they are not necessarily the same ones.
A quite different situation arose in Little Dunmow, where the houses came after the Gypsy settlement. There had been no particular complaints about the Gypsy settlement, which has been established for quite a long time, but once houses are built close by, some of the disturbances that come from such settlements become a source of difficulty—dogs barking at all hours of the night, shotguns being fired and stray horses wandering around. Although Essex county council has a Gypsy liaison officer, it is hard to imagine someone not invested with police powers, or anything of that kind, being able to control a situation and bring about harmony between the newcomers in the houses and the longer-established people on the Traveller site.
Uttlesford district council and the city of Chelmsford, the rural areas of which I also represent, are known to be looking for pitches to accommodate certain numbers at the Government’s behest. People are starting to ask questions. I accept the logic in trying to establish the requisite number of official pitches, because the theory is that, if those pitches are established, we can swiftly move on caravans that park on unofficial sites. There is nothing more infuriating for anyone than to wake up and find a caravan or caravans on greensward in front of their house, or in a field next door. People naturally expect the authorities to do something, but nothing is gained if all the authorities can do when they succeed in moving the caravans on is cause a second unofficial parking.
I see the logic in trying to have official pitches, and it all seems straightforward, but unfortunately it is not. Hopefully the Government can help, but we need to know exactly for whom we should be providing the pitches. Are they for itinerant Travellers, or are we also meant to be covering static caravans? There is an important distinction between the two. What criteria should apply? If Travellers can just turn up, whether on a village green that also hosts a cricket pitch or on an area by the side of a road such as a lay-by, surely there need to be basic facilities, otherwise we will see the unsavoury activities of human beings without any kind of facilities for ordinary toilet practices and so on. People will also have to search for basic facilities such as water, and there seems to be no advance provision. If a site is volunteered, there should be criteria and minimum standards; otherwise, it should not apply.
Highways issues should also be taken into account. The city of Chelmsford is battling with its need to provide an allocation, and it seems to have set its sights on a possible settlement at Drakes lane in my constituency. The road that serves the site is wholly inadequate, as there is surrounding industrial activity. What is the sense of encouraging provision for Travellers—in many cases, one expects, with children—where heavy lorries are pounding down an unsuitable lane? The scope for accidents is obvious. We need to know more about what we have to do and for whom.
I will not be censorious about the police, as my hon. Friend the Member for Harlow was, but the relevant bits of legislation covering all their powers are longer than the ten commandments. In all the different circumstances that could apply, such legislation helps to confuse the police about what they can do. It is often down to the status of the land. Is it private or public land? What are the rights of access for members of the public? If there are rights of access, how can we discriminate between one type of member of the public and another?
I am grateful to the police for coming together with all the local interests to solve—finally, we hope—the recurring problems in Hatfield Heath. The key lesson I got from those discussions was that a crime has to have been committed to make it easier for the police to apply section 61 of the 1994 Act. If that is the case, to put things at their simplest, we need to know what constitutes a crime in relation to the sorts of problems that my hon. Friend described.
Robert Halfon
My right hon. Friend will be aware of what section 61 states. If there are six or more vehicles trespassing on private land, the police can issue instructions under section 61.
Sir Alan Haselhurst
That was not exactly how it was explained to me by the police officer who came to the discussions at Hatfield Heath; but what my hon. Friend says demonstrates my point. There is uncertainty about what must happen. If the law is being applied unevenly because police discretion means variation from one place to another, that is not helpful to any of us.
To sum up, what we need and what the public are looking for is fairness. This is not a matter of discriminating against the travelling community, let alone those of the Romany tradition; it is a matter of fairness. If one person is not allowed to do something, why should someone else be allowed to do it without any kind of retribution being visited on them? That is basically what people want dealt with. If we legislators cannot provide a clear definition of what is or is not fair, we will continue to have very dissatisfied constituents.
Mr Stewart Jackson (Peterborough) (Con)
It is a pleasure to serve under your chairmanship, Mr Chope, and to follow my right hon. Friend the Member for Saffron Walden (Sir Alan Haselhurst).
In Peterborough we do not have a problem to the same degree as my hon. Friends the Members for Harlow (Robert Halfon) and for Thurrock (Jackie Doyle-Price) do—a problem that they have eloquently described. I congratulate my hon. Friend the Member for Harlow on giving us the opportunity to debate an important issue that causes great problems for community cohesion in the east of England. Both my hon. Friends are wonderfully energetic champions of their constituencies, and the issues are important.
I am rather shocked at the conduct of the Essex police and crime commissioner. I am one step removed from him, because he is not the PCC for my area. He has come dangerously close to invoking issues of parliamentary privilege. It is not for him to tell my hon. Friend the Member for Harlow what it is proper and right for him to bring up on his constituents’ behalf. Perhaps one of those constituents might want to write to Mr Speaker, to alert him to the issue. For the avoidance of doubt, loyal Conservatives in Essex will no doubt be mindful of the issue when the PCC seeks re-adoption as the allegedly Conservative candidate in the next elections for the post. It is not acceptable to speak in the way he did.
I have known my hon. Friend the Member for Harlow for perhaps 20 years. He is a moderate, erudite and thoughtful gentleman and not in the business of alienating or stigmatising any of his constituents—or, if he does, only the ones who break the law. That is as it should be. It is as well to make the point, again, that we just need fairness and equity between the travelling and settled communities. To come back to the point astutely raised by my right hon. Friend the Member for Saffron Walden, the simple issue is that if I break into the garden of my hon. Friend the Member for Harlow by forcing the lock, and I occupy it, that is not a civil trespass matter but potentially a criminal act. My constituents cannot understand it when Travellers—a small minority, admittedly—damage property to get on to communal land in my constituency and the police say it is not a police matter, because it is their word against everyone else’s, the witnesses are unreliable, and it is too much trouble to investigate.
What do we want? Do we want people to have faith and trust in and respect for the law—their local police officers as well as senior ones and the police and crime commissioner—or do we want to open the door to vigilantism? That is what will happen. Not that long ago, in the Welland estate in my constituency, there was an illegal incursion by Travellers. It was ended when one of the caravans was set on fire by the settled community. We do not want that to happen. It put people in danger, and it is obviously bad when people set each other’s homes on fire. However, if the police are not respectful of the settled community’s legitimate concerns about the issue, it is much more likely that such a thing will happen.
My hon. Friend the Member for Thurrock described the huge amount of waste in her constituency, and there is a film on YouTube—unfortunately it is a badge of ignominy for my constituency—that someone made a few years ago about Norwood lane in Paston, which was allegedly the most fly-tipped piece of road in England and was adjacent to the permanent Norwood lane Traveller site.
While I am on the topic, perhaps I may make the point for the benefit of any Peterborough city council officers who are watching—I am sure they are—that, public-spirited and willing to put my shoulder to the grindstone as I am, I find it odd that all five Traveller encampments in the Peterborough city council unitary authority area are in my constituency, and none are in the constituency of North West Cambridgeshire, which consists of nine other wards. I must have upset someone. The three new emergency stopping spaces are in my constituency, as are the Oxney road and Norwood lane permanent sites. Let us have fairness and equity in the allocation of sites within local authorities, whether Essex or Peterborough.
Every summer we have a problem, although not to the extent revealed by my hon. Friend the Member for Harlow; we have historically had difficulties with illegal Traveller encampments. Admittedly they were in south rather than north Cambridgeshire; nevertheless we get them in Peterborough, particularly in Werrington, but also in Parnwell, and in Fletton, which is in the constituency of North West Cambridgeshire.
People were so concerned in Werrington that the neighbourhood council invited the police and crime commissioner, Sir Graham Bright, to come and listen to the complaints. They were real, significant complaints and were not just about mess. Perhaps I am old-fashioned, but seeing people urinating and defecating against the fence of William Law Church of England primary school in Werrington is sickening and unacceptable to parents, governors, teachers and pupils at the school. Nevertheless it was not just the waste and antisocial behaviour that they complained of, but behaviour such as going into the district shopping centre, the Werrington centre, and threatening people; and going into licensed premises in the area and taking them over, challenging the criminal justice system to do something about it. That happened two Christmases ago. Cambridgeshire police were called, and they came three and a half hours later, after a small group of Travellers threatened people with violence if they made a fuss. They effectively took over the pub, which I will not name, for obvious reasons.
We run the risk of the police having their authority undermined, because the public will say they do not treat people fairly. It irritates me something chronic to see a statement, written by a senior police officer in Cambridgeshire constabulary, that begins with the human rights of the Travellers—not the mess, crime, threats and antisocial behaviour, or any of the things I have mentioned, but the human rights of the travelling community. What Alice in Wonderland weird world have we stumbled into —what Kafkaesque world of political correctness—where a priority in a public statement from publicly funded people, whose work is paid for by the taxes of decent, honest people in Peterborough and beyond, is the human rights of people who transgress, threaten and break the law? It is unacceptable.
The law is in place to deal with these problems. Sections 61 and 62 of the Criminal Justice and Public Order Act 1994 allow the police to direct trespassers to leave a site that they have occupied, and to remove property and vehicles. Sections 62A to 62E allow them to move such trespassers on the basis that there are alternative sites.
My hon. Friend the Member for Harlow referred to the alternative sites in Peterborough. In fairness—I am a fair-minded person—the jury is still out on whether those sites will be used, but early indications are that they are not being as well used as they should be.
I agree with my hon. Friend the Member for Thurrock: this is about buck-passing. The police say, “It’s the fault of the local authority,” the local authority says, “We’ve been advised by the police,” and then the police say, “Well, we’ve made reference to the ACPO guidelines.” Everyone is passing the buck and the decent, honest, tax-paying person who does the right thing is left frustrated and angry. That is why people are alienated from politics and politicians. The people are the ones in charge—they pay their taxes, do the right thing and send us to Parliament—but they do not feel that their voice is being heard. I say to the police, and to the police and crime commissioners in particular: get a plan in place. Not every criminal activity is the same and every area is different, but get a strategy in place and listen to people.
My hon. Friends are lucky, because we rarely see our Cambridgeshire police and crime commissioner. In Peterborough, he has an outreach worker; we feel like a special social services case. This pre-eminent city in north Cambridgeshire of 187,000 people has an outreach worker. If Sir Graham Bright is watching, I tell him that we would love to see him, and not necessarily his outreach worker, to talk about these issues.
Incidentally, I echo the comments of my hon. Friend the Member for Harlow: our police and crime commissioner said, “Well, it’s not on my radar; it’s not something that I get many complaints about.” That was after he had been to a meeting and listened to a publican say that he was threatened, there was criminal activity, people were angry and so on. The police need to do more, there needs to be proper co-ordination and I agree that court proceedings need to be looked at again. The Government have done a good job. They issued new guidelines in August 2013 on this issue and the Minister, for whom I have a great deal of respect, issued an important written ministerial statement in February.
May I make a plea specifically on emergency stopping places? My right hon. Friend the Member for Saffron Walden said that Chelmsford was looking at that. That must be marked by proper openness and transparency. There is a lot of fear among the settled community. I hosted a meeting in April 2010, before the general election, in a village called Eye in my constituency, to the east of Peterborough, and 700 people came to it. It was ostensibly about housing developments, but there was a bit at the end about Travellers, and that attracted quite a bit of interest. There must be transparency. The problem in Peterborough is that although I was advised by the chief executive in March 2013 that there would be a decision on our emergency stopping places by June 2013, it was only in September 2014 that proposals were put out to public consultation. That took the city council 18 months. This is a sensitive and difficult area, but local authorities must move more quickly.
Adrian Chapman, the assistant director of communities and targeted services, is an excellent officer and, in fairness, I have had good support from the chief executive, Gillian Beasley, but what really disturbed me about that process was that it involved a closed, secret working party of councillors who had all signed a confidentiality agreement. That should really set alarm bells ringing. We were not allowed to know the workings, methodology or scoring system that that group was using for the parcels of land that the local authority was looking at, and I still do not know the basis on which it chose its sites: two in the Dogsthorpe ward and one in the East ward, all in my constituency.
I will finish by making the point that this is something that causes people an enormous amount of upset and anger. It undermines the whole system of representative democracy and people’s faith and trust in the criminal justice system, and it makes people want to resort to vigilantism and violence to protect their homes. That is something that we should not turn a blind eye to, in any sense. We need to look at the ACPO guidelines, and we need more consistency from the police and local authorities. We may need a review of the guidelines from the Department for Communities and Local Government, and perhaps a new ministerial statement.
I was pleased to hear that the Secretary of State for Justice will visit Harlow. He may wish to have input into court proceedings, and we need to look again at the Irish experience of intentional trespass. This is an issue not of nimbyism or parochialism, but of the faith and trust that ordinary people—I hate that term, but I can think of no other—have in the system. It is our duty and responsibility to listen to decent, law-abiding taxpayers who do the right thing and take the appropriate action.
Roberta Blackman-Woods (City of Durham) (Lab)
It is a pleasure to serve under your chairmanship again, Mr Chope. I congratulate the hon. Member for Harlow (Robert Halfon) on securing the debate and on approaching this difficult issue in such a measured way. Other Members did that as well: the hon. Member for Thurrock (Jackie Doyle-Price) made a powerful case on behalf of her constituents about criminal activity around illegal encampments being adequately addressed, as did the hon. Member for Peterborough (Mr Jackson). I am interested in what he said about the fact that transit sites do not appear to be working. I want to hear more about that.
The right hon. Member for Saffron Walden (Sir Alan Haselhurst) got to the nub of some of the problem in identifying areas where we might want to improve planning for site provision, but I congratulate him mostly for raising cricket, because I am sure that we all support that. I hope that he will persuade the Minister to introduce a statutory instrument to ensure that cricket is protected in all circumstances, because we all want that.
My contention is that we will continue to have problems with illegal encampments unless we properly plan for the needs of the Traveller community, which includes provision of short-term plots. If we do not do that, all the problems of antisocial behaviour that have been so eloquently rehearsed this afternoon will continue to increase.
I agree with the hon. Members for Harlow and for Thurrock in their valid criticisms of their police and crime commissioner. Indeed, I recommend that they should probably get rid of their police and crime commissioner, just as we should get rid of them all. This is a serious issue and we need a much better system of public accountability for the police.
When we last debated this issue in February, I asked a number of questions about the Government’s approach to planning policy as it affects Gypsies and Travellers. The Minister might want so say more about how policing will be addressed, but I am really concerned that the Government’s approach to planning for Traveller sites, as exemplified in their consultation paper, might make things worse. Some things seem quite sensible. We all think that it is sensible to try to put in place stronger policies that prevent Traveller sites from emerging in sites of special scientific interest or areas of outstanding natural beauty. Generally, however, the approach seems to involve doing what is necessary to prevent enough Traveller sites from being brought forward, and I am really concerned about that.
The Minister will know that the most controversial of the new proposals is to amend the definition of a Traveller for planning-related purposes, to specifically exclude those who no longer
“have a mobile or transitory lifestyle”.
That is problematic, because many people in the Traveller community have settled or wish to settle and their needs should be taken into account. However, there are also people in the Traveller community who are no longer mobile, because they are frail and elderly, and it would be terrible if their needs were not taken into consideration in assessing the number of sites that might be needed in a particular area. I am keen to hear what the Minister has to say about that issue. It is unfortunate that the Government seem to be interpreting identity for the Traveller community, when that is clearly something that the Traveller community needs to do itself.
It is hard to see where the Government are going with ensuring that enough sites are brought forward, so I hope the Minister will think carefully about the consequences of his proposals. I want to know what he will do to ensure that proper policies are in place, particularly those of local authorities.
I met representatives of the Traveller community recently and they pointed out that there is already an acute shortage of sites. In fact, that shortage was highlighted as long ago as 2010, when it was said that it would take about 27 years to meet the five-year pitch requirements, based on local authorities’ progress at that time, and things have got worse in recent years.
This shortage leads to a situation where as many as 20% of Gypsies and Travellers living in caravans are legally classified as homeless. We know about the impact of homelessness on people, especially children, in their health, educational attainment and general well-being, but it seems that punitive measures are making it more difficult for Travellers to get authorisation for their sites and that harsher punishments are being introduced.
I will stop for a moment to tell Government Members that I know that they all think that I am putting the needs of the Traveller community before those of the settled community. I am not doing that, but my concern is that if we do not try to achieve a better balance between the needs of the two communities and if we do not involve the settled community in meaningful discussions about where Traveller sites should be located and for how long—whether they should be short-term or longer-term—the problems will not go away. They might go from Peterborough into the next constituency, but all that would do is shunt the problems around, and as policy makers, we must ensure that we are not doing that.
Jackie Doyle-Price
I agree with the point that the hon. Lady is making, but should local authorities not only enforce against unauthorised sites but become more involved with the Traveller community to identify where tolerated sights might be able to emerge, because the situation at the site in Buckles lane in my constituency —after 14 years with no proper authorisation—just is not on?
Roberta Blackman-Woods
The hon. Lady is making a valid point. I was just about to come on to local authorities. I want to ask the Minister what he is doing to ensure that they work collaboratively and that all the relevant local stakeholders are involved in developing effective strategies; we cannot have strategies that just sit in a document somewhere in the town or county hall.
I need to hear from the Minister what he will do to ensure that local authorities make adequate provision for Travellers, that such provision is adequately policed and reviewed and that the services and infrastructure to support those sites are in place. I also need to hear what funding mechanisms he will use to ensure that we have sites that work properly and achieve a reasonable balance between the needs of the resident community and the Traveller community, while respecting both cultures.
The Minister of State, Department for Communities and Local Government (Brandon Lewis)
It is a pleasure to serve under your chairmanship, Mr Chope. I congratulate my hon. Friend the Member for Harlow (Robert Halfon) on securing the debate, which gives us a chance to highlight some of the issues that are being faced, particularly, as the title of the debate shows, in the east of England. Such debates are important—this one is a really good example—because they give a chance for Members to shine a light of transparency on what is going on in their local community.
I appreciate that many of the issues raised by my hon. Friends the Members for Peterborough (Mr Jackson), for Thurrock (Jackie Doyle-Price) and for Harlow, and by my right hon. Friend the Member for Saffron Walden (Sir Alan Haselhurst), are about some of the agencies, including local authorities, or about giving a message, very clearly and publicly, to the police and crime commissioner. I have no doubt that PCCs will pick up that message, not only because they are watching Parliament TV, but because the debate has attracted the attention of our excellent “Look East” BBC team, whom I can see in the Gallery. That sort of transparency shows why such debates are important.
I am somewhat disappointed by the comments of the hon. Member for City of Durham (Roberta Blackman-Woods), who speaks for the Opposition, because she clearly has not taken the time to examine some of the issues affecting the east of England. Had she done so, she might have understood a bit more about the problems that I saw in Harlow when I visited with my hon. Friend the Member for Harlow. I understood and saw for myself just how badly let down the people of Harlow have been by the Labour-run council there, and I will come to that point in a moment. I have also seen some of the issues in Thurrock, and I know from my background how the previous Government let down the people of Basildon by not supporting the council there in its issues with Travellers for so many years—those issues were finally sorted out only in the past couple of years.
We are concerned about unauthorised Traveller encampments and the effect they have on local communities. We recognise the deep concern among communities in Harlow and elsewhere, and the demand for urgent action. It is clearly unacceptable that communities should suffer the level of distress and expense caused by the unauthorised camps that we have repeatedly seen in Harlow and elsewhere. As I say, I visited Harlow to see what was happening. I was troubled by what I saw and heard—not only by the comments of the residents, but particularly the comments of the Labour council, which, to be blunt, misled both me and my hon. Friend. I wrote to him to clarify the truth of the situation and will touch on that in a moment.
I must stress that this is a problem caused by a small minority of Travellers, but their actions harm the general relations between the Traveller community and the wider settled community, which is not fair on both communities.
Nationally, the number of caravans on unauthorised encampments has been falling, but I understand that that is of little comfort to communities such as those in Harlow and Thurrock that have had to endure the level of unauthorised camps we have seen in the past year or so. I will seek urgent discussions with my ministerial colleagues in both the Home Office and the Ministry of Justice—I know that the Justice Secretary is visiting Harlow this week—to consider what more can be done.
I will explore with my colleagues what might be hindering some local agencies from using the powers that are available to them. Hon. Members have made the point that there are already substantial powers available to allow for swift action to stop unauthorised encampments, but they are not yet being fully used by either the local authorities or the police.
As I have said, local authorities and the police have a range of strong powers that can be used. Where they are used promptly, we believe that they are sufficient. However, the Government are open to representations about how enforcement can be improved. As my hon. Friend the Member for Peterborough rightly said, in August 2013 we sent all council leaders updated guidance to set out the powers they have. It told councils that they can consider working with the local police and landowners to secure sites and identify vulnerable sites; that they should prepare their paperwork in advance, so that they are ready when they know things are likely to happen; and that they should develop a clear notification and decision-making process. We also reminded them of the general ability, and need, to act swiftly.
Councils and landowners can obtain a possession order to remove trespassers from land. They can apply to the courts for pre-emptive injunctions, which prevent unauthorised camping in a defined geographical area. In addition, we have lifted the previous Administration’s restrictions on the use of temporary stop notices, giving councils more freedom to take early and decisive action against unauthorised sites and encampments. Councils can issue such a notice on both private and public sector land.
Local authorities and the police can use the strong powers available in the Criminal Justice and Public Order Act 1994, as my hon. Friends outlined. Under section 77, a local authority can direct people residing in vehicles to leave land occupied without the consent of the landowner. If the trespassers do not leave when directed to do so, or if they return to that land within three months, they are committing an offence.
The police have powers under section 61 to direct trespassers from land when requested by a public or private landowner, and when the trespassers have caused criminal damage. That goes directly to the point raised by my right hon. Friend the Member for Saffron Walden —he is right about a criminal offence in that regard. They may also use those powers when trespassers have engaged in abusive or intimidating behaviour, or if six or more vehicles are trespassing on the land. We have seen that situation elsewhere. I have seen that happen in Harlow as well as in Thurrock. If the trespassers do not leave when directed to do so, or if they return to the land within three months, they are committing an offence.
The strongest police powers under section 62A can be used where vacant authorised Traveller pitches are available in the local authority area. If, after being directed from land, the Travellers return to the district as trespassers within three months, they are committing an offence. That is where Harlow council has let down residents and has misled my hon. Friend the Member for Harlow, as we clarified after our meeting. I am sure he will remember that, when we visited Harlow, the council said it was trying to take advantage and bid for the pot of Homes and Communities Agency money—Government money—provided to get sites back into use, and it outlined to me the number of sites it had available. Under questioning, we eventually got the council to admit that one of the sites had not been in use for some years. It said it was looking to bring it back into use and had bid for Government money to do so. I was therefore somewhat surprised when I returned to the Department and found out that it had made no such bid, as I outlined to my hon. Friend. Harlow council should be more honest with people and straight about what it is doing. It should stand up and fight for the people of Harlow in the way that my hon. Friend is so admirably and passionately doing, and as my hon. Friend the Member for Thurrock is doing for her constituency.
I note the concern and confusion about the powers available to local authorities, the police and other agencies. We will look again at our summary of powers document to ensure it is crystal clear to the agencies and, more importantly, to the public, who can also help to hold the agencies to account.
Local authorities should be addressing their Traveller communities’ site needs through the local plan-making process. I am sure the hon. Member for City of Durham is aware of how the local plan process works. It is there for local authorities to do just that. However, a lack of locally available pitches is not an excuse for unauthorised encampments and antisocial behaviour, and should not in itself stop councils or the police taking action.
Mr Stewart Jackson
There is also a question of consistency. If someone is found to be committing a criminal offence on the property of a registered social landlord such as a housing association, they can probably be evicted. How many times has that happened on a fixed Traveller pitch, when someone, or a family, is engaging in criminal activity? How often are they evicted? I am not sure there is equality in that regard. That needs to be clarified by Government regulation or guidance.
Brandon Lewis
My hon. Friend makes a strong point. We will feed through some issues he and other hon. Friends have raised to colleagues in the Home Office and the Ministry of Justice.
I shall touch briefly on what we have done to ensure that planning for site provision works more effectively and, importantly, as hon. Members have rightly said, fairly. We removed the top-down regional strategies and plans that caused so much resentment. Our planning policy for Traveller sites puts the provision of sites into the hands of local councils. They have to consult local communities as well as ensure they are protecting the green-belt land and our great countryside.
Local authorities have to identify a suitable five-year supply of Traveller sites to meet their objectively assessed needs in line with national planning policy, so it is very much in their hands. I know the hon. Member for City of Durham did not realise this—I am sure she will read the national planning policy framework soon—but it is in the hands of local authorities, as part of working out what their needs are, to assess what is right and appropriate for them locally.
Brandon Lewis
No, I am just going to finish this point.
We are supporting this process with site provision, funding and financial incentives. We set aside £60 million Traveller pitch funding—the programme is looking to deliver 625 new and 369 refurbished pitches by 2015. There will also be funding for new Traveller pitches through the 2015 to 2018 affordable homes programme. Perhaps Harlow council will do the right thing and look again at that—it claimed it had done so, but clearly had not.
We have become somewhat concerned about the right balance being struck between the need to increase site provision, the interests of the settled community and the protection of the green belt and other sensitive areas. We are considering responses to our consultation, which closed on 23 November. The hon. Lady asked about that. I am sure she will appreciate that we are considering those responses.
The proposals aim to ensure fairness in the planning system while strengthening protections for the green belt and the countryside, and to address the negative effects of unauthorised occupation of land. That is why we propose that Travellers who have settled and permanently stopped travelling should be treated in the same way as any other member of the permanently settled community. Those with genuinely nomadic lifestyles should continue to be treated as Travellers in planning law. That will help to ensure that local authorities, in planning their authorised site provision, are meeting the needs of those who lead a nomadic lifestyle.
We also propose to make it clear in planning policy that intentional unauthorised occupation should be a material consideration that weighs against the granting of any permissions. All applicants should apply through a proper planning process before occupying land, as any other person should do.
Finally, the Government believe it is unfair that a small number of authorities have to plan to meet the site needs of people who ignore planning rules and occupy large unauthorised sites. That discourages councils from taking early enforcement action. Under our proposals, there would be no assumption that local authorities that face that problem, and that are subject to planning constraints in their area, would have to plan to meet their site needs in full.
Unauthorised encampments are a serious local issue, and there are strong powers available to councils and the police to deal with them. Where those powers are used swiftly, we believe they are sufficient, but we are open to representations about how enforcement could be improved. Police and crime commissioners, who are themselves democratically accountable, are in place to hold chief constables to account for their policing decisions. I want the police and police and crime commissioners, and district and county councils, working together to take on and deal with the problem of unauthorised encampments, and to make use of the powers they have.
Roberta Blackman-Woods
I assure the Minister that the Opposition understand that it is the responsibility of local authorities to bring sites forward. However, perhaps he will say what his Government are doing to support local authorities in delivering enough sites, particularly to make up the backlog.
Brandon Lewis
If the hon. Lady reads Hansard, she will see that a few moments ago, I outlined the £60 million-odd we have put in for the extra Traveller encampments. I just wish that Labour-run Harlow had taken advantage of that and made a bid for it, as it told us it had—in fact, it had not done so.
It is important that those organisations work together, but I am worried that the community in Harlow has not benefited from it. I will seek urgent discussions with my ministerial colleagues to consider what more we can do. I look forward to working with colleagues who have spoken about how we ensure that our policy delivers, not just for the people of Harlow and the east of England, but right across our country.