Legal Aid, Sentencing and Punishment of Offenders Bill

Baroness Hoey Excerpts

Tuesday 1st November 2011 Commons Chamber

The Crisis survey found that many of those people had no alternative, and that 78% had approached the local authority for help and been turned away. Among the housing charities—Crisis, Thames Reach, Shelter, Homeless Link, Housing Justice, St Mungo’s—there is a fear that the new legislation could criminalise extremely vulnerable people and force them into more dangerous situations, particularly rough sleeping.

[Kate Hoey (Vauxhall) (Lab)]

I entirely support what my hon. Friend is saying. Does he agree that this will be particularly bad law because it is going to be retrospective? It will apply to people who are squatting at the moment, and who thought that they were doing so legally. The House should not be pushing through this legislation in this ridiculous way, without scrutiny.

[John McDonnell]

I believe that it will damage a large number people’s lives, some of whom are squatting at the moment for no other reason than that they are homeless. They will be criminalised by this retrospective legislation, which is something that I thought Members of all political parties across the House had rejected.

What will be the effect of the new law on squatters’ lives? We know that many, although not all, vulnerable people live chaotic lives. They will be fined up to £5,000 or face up to a year in prison. Not many will have the resources to pay the fine, so prison will be a reality for a significant number of them. I have heard no estimate from the Government of the extent to which this will swell prison numbers. I fear that people will be drawn into a cycle of squatting and going to prison. One third of people coming out of prison have no home to go to, so they will get back into the squatting cycle.

I hope that the House will not pass the new clause into law, but if it is determined to do so, I have tabled amendments to ameliorate its impact. Amendment (a) would provide that squatting remains a civil matter in all residential buildings that had been left empty long term and were not being brought back into use. This would ensure that residential buildings that had been lived in recently or that were being brought back into use would be covered by the criminal law. That includes the question of refurbishment that was raised earlier.

I have looked at the statistics cycle over the past five years and found that, on average, between 650,000 and 700,000 residential properties stood empty during that time. Most are private properties, and 300,000 have been empty for more than six months. When there are 40,000 homeless families, 4,000 people sleeping rough in the capital, and 1.7 million households on waiting lists, desperate for decent accommodation, it is immoral that private owners should be allowed to let their properties stand empty for so long. My amendment could force those irresponsible owners to bring their properties back into use. More importantly, it would mean that desperate people who need a roof over their heads would not be criminalised for resorting to occupying a property that was being wasted by its owner.

It is not for me to criticise the Speaker, of course, but I regret that my amendment (b) was not selected. I had hoped to try to persuade the House to protect the most vulnerable people in our society from being dragged into the courts, but I am sure that there were good reasons for not selecting it, and perhaps it will be debated in another place.

My amendment (c) would address the fact that the present wording of the new clause criminalises those who are currently squatting in a residential building. It is one of the principles of good government that retrospective legislation is unjust. I should like to quote from article 11, subsection 2, of the universal declaration of human rights:

“No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time it was committed.”

There is a basic injustice about retrospective legislation, and I hope that the House will accept that and address it at some stage in this Bill’s consideration.

Finally, there is a mounting housing crisis. I criticised the last Government as much as this one for their failure to address the supply of decent housing. We have got the return of appalling housing conditions in my constituency—overcrowding, high rents and the return of Rachmanite landlords. People are desperate and will resort at times to any means to put a decent roof over their and their family’s heads. Squatting is sometimes the only way. People should not be criminalised for wanting a decent home.

The new clause is being rushed through Parliament. The Secretary of State launched in July a consultation on a range of proposals to criminalise squatting. The consultation ended in October. More than 2,000 responses were received, 90% of them opposed to the Government’s proposals. Clearly, there has been no serious consideration of the consultation responses because the clause was brought forward only three weeks after the consultation closed. This is rushed legislation, and rushed legislation, as I have said, is generally poor or bad legislation. The consultation, if it had been properly taken into account, made it clear that the current laws were sufficient to deal with any abuse. Professionals, police and others have told us so. My fear is that we now risk putting people on the streets and possibly into prison because our society has failed to provide them with a decent home. If this clause goes through tonight, I believe that many will regret it.

I give notice that I wish to press amendment (a) to a vote.

--- Later in debate ---

[Tom Brake]

I thank my right hon. Friend for his intervention, which provides its own explanation.

The final point that I wish to make is about the retrospective nature of the provision as, again, it is an area that the Government need to examine carefully. As we have not had an in-depth debate here tonight, I suspect that it may well be a point that is examined much more closely when the matter is raised in the other place.

[Kate Hoey]

I, too, wish to congratulate my hon. Friend the Member for Hayes and Harlington (John McDonnell) on the way in which he spoke, because this issue too often becomes one of exaggeration, where inaccurate things are said on both sides. He gave a very reasoned outline of why this coalition Government are rather silly in proposing this measure at this time and in this way. I, too, have been in this place a long time and I have seen legislation go through as a knee-jerk response to something that has happened. Very often people later regret very much that such legislation went through.

It is quite wrong that something that has been introduced so recently, and where a substantial number of people in a consultation—90% of them—were opposed to it, is being put through in this way. As everyone else has said, this is, in reality, a Second Reading debate. No scrutiny will be provided in the House of Commons on the detail, so all these questions are being raised by different people about different aspects of it and we will not get a full answer. We are abrogating our duty and our responsibilities as Members of Parliament if we allow this measure to go through and hope that it will be dealt with in the other place. I am disappointed that Labour’s Front-Bench team is not taking a more robust view on this measure. There is always a danger for politicians in that regard, because they may worry about what the headline will say, but sometimes the headline is totally inaccurate and sometimes it has been devised because of the inaccuracies, the half-truths and the mistruths that have been put around over a period of time. Even at this stage, I hope that the Labour Front-Bench team will consider amendment (a) seriously.

I believe that the retrospective nature of the measure is quite wrong. I also believe that there is squatting and squatting. The public see the difference in the kind of squatting that we have all condemned, whereby people take over someone’s house because they are away on holiday. However, there is already a law to prevent that from happening and those Members of Parliament who say that that has not been observed in their area should talk to the police because it means that the police are not enforcing the law.

The kind of squatting that I support is the kind that the right hon. Member for Bermondsey and Old Southwark (Simon Hughes) mentioned, when large blocks of flats and houses that have deliberately been emptied early by a local authority or a private developer sit empty for months or years waiting either for some work to be done or to be knocked down. I see absolutely no reason why people who have come to London as the capital city of their country to try to get work and to live but who have nowhere to live and no chance of getting a local authority flat or of affording a private sector property should not live in those empty properties. Most of those squatters would be perfectly willing to sign something saying that they will move out as soon as work is to start. Instead, we see such places being left empty for years.

I am very sad indeed that we are seeing this knee-jerk response and that the Government are trying to introduce this measure so quickly. They will live to regret it and I hope that even tonight, at this late stage, Members who have come along thinking that there was no debate to be had and that this was a matter of, “Let’s just get this through”, will think very carefully and will at the very least support the amendment of my hon. Friend the Member for Hayes and Harlington.

[Mr David Nuttall (Bury North) (Con)]

I rise to support new clause 26 and I start by paying tribute to my hon. Friends the Members for Hove (Mike Weatherley) and for Finchley and Golders Green (Mike Freer) who, along with myself, have moved this matter up the agenda. I am grateful that the Minister has listened and that we now have some clarification over this area of law.

I have practised as a solicitor and I can tell the House that, regardless of the 1977 Act, this area of law is completely unclear. It is unclear to the police, to lawyers and to home owners and it certainly is not working. Millions of home owners will be grateful that the new clause is, I hope, going to reach the statute book. There could be nothing worse for someone returning from a holiday than to find that their home has been occupied by squatters. Insult is then added to injury if they are told by their lawyer that they need to embark on a long and complicated civil law procedure, and a costly procedure at that.

I note the point that has been made by Opposition Members about there being doubt about the exact numbers of properties that are occupied by squatters, but the fact remains that if a home owner returns to their property to find it occupied by squatters, it is 100% occupied by squatters and the overall statistics are, frankly, irrelevant.

Let me make one further point about the amendment on which I understand we are to divide. It provides that an offence would not be committed

“where the building has been empty for six months or more”.

One point that has already been touched on is of real concern to many people. When a family member dies and leaves a property empty the personal representatives might have to wait many months—often longer than six months—before they can obtain a grant of letters of administration. There are many instances of properties being occupied by squatters in that time and, for that reason if no other, I hope that the House will reject the amendment. The new clause is a great step forward. It is often said that an Englishman’s home is his castle and I hope that this will help to reinforce that.

Oral Answers to Questions

Baroness Hoey Excerpts

Tuesday 28th June 2011 Commons Chamber

[Mr Djanogly]

A number of the consultations did address this issue, including those with the judges, so we are acting to contain an avenue for abuse which my hon. Friend identifies. The Government intend to remove legal aid for immigration and asylum judicial reviews, where there has been an appeal or judicial review to a tribunal or court on the same issue or a substantially similar issue within a period of one year, as well as for judicial reviews challenging removal directions, subject to certain exceptions.

[Kate Hoey (Vauxhall) (Lab)]

As we are talking about immigration appeals and judicial reviews, what message does it send out to the law-abiding member of the public when someone such as Phillip Machemedze, that appalling Zimbabwean who was responsible for torturing, killing and doing dreadful things in Zimbabwe, is told by a judge that he cannot be sent back because he might be tortured or his human rights might be affected? Surely immigration and asylum is about people who have behaved well and are running away from tyranny, and not about people who are part of that tyranny.

[Mr Djanogly]

Where human rights are concerned and where someone risks being terrorised in their country of origin—I am not saying that it is right or wrong that they should go back—it is right that they receive legal aid to defend their interests.