Mobile Homes Bill

Baroness Scott of Needham Market Excerpts

Friday 1st February 2013 Lords Chamber

[Baroness Scott of Needham Market]

My Lords, I join in the thanks to the noble Lord, Lord Best, for taking this Bill through the House. His expertise in housing matters and his diligence will be put to good use in this regard. I also pay tribute to Peter Aldous, the MP for Waveney—which for the uninitiated is in my home county of Suffolk—both for choosing this topic for his Private Member’s Bill and for the skill with which he steered it though the Commons. I am particularly pleased to see the noble Lord, Lord Graham, in his place today. He has fought very hard for this over many years and must be delighted to see that we are finally making some progress.

During the debate that I secured in the Moses Room on this topic last summer, it became apparent that the Government intended to support the Bill, and I know that the Minister will deal with it in her customary efficient and sympathetic way. Many changes were introduced in the Commons—many by the Government—and they are most welcome, but I think that it has resulted in a little confusion about exactly what the Bill does and when the various provisions will come into force. Some of those have been clarified very well by the noble Lord, Lord Best, today but there are still a few areas of confusion to which I shall allude. If the Minister does not have time in her summing up today, perhaps she could write to explain exactly when some of the provisions will come in.

It is more than 20 years since I first became a councillor, and my experience was very similar to that of the noble Lord, Lord Cormack. There were a few problems initially and then the situation got worse and worse. By the time I finished, problems on park home sites were very common, and they have been quite well rehearsed: poor site management, breach of licence conditions, misuse of the tariffs for charging electricity and gas, breaches of fire safety regulations and general quality-of-life matters. The council did what it could, but it lacked the statutory framework that it needed to deal with many of these issues.

The power that the Bill gives to local authorities to tackle some of these abuses is most welcome. I understand that some park home owners regret that that is not a duty on local authorities but I agree with the Government’s more localist approach that we should be looking at powers and not duties. However, it means that it is essential that the Government work with local authorities on best practice with park home owners to ensure that they are fully aware of the new rights that they have under this Bill.

I particularly welcome the power given to local authorities to carry out work where site owners fail to do so and then recharge them for it. This will concentrate the minds of site owners wonderfully on the need to get the job done. I hope that this provision can be brought in without delay and I ask the Minister to clarify the timing. There has been some debate about which provisions might be caught by the Government’s moratorium on new regulation. I accept that to an extent red tape is in the eye of the beholder, but in this case it is not red tape; this is fundamental to the quality of life of the several hundred thousand residents of park homes. I also think it is important when considering all this to look at the potential for a bonanza of bad behaviour, which might carry on if there is a delay in bringing in the new provisions. I fear that some of the bad owners will make hay while the sun continues to shine.

What has shocked me and many of my colleagues is how criminality has crept into the park homes sector. It has been able to thrive due to a combination of an inadequate legal framework and a very poor understanding of what is going on. The way in which intimidation has been used to prevent sales, for example, is absolutely scandalous. I am delighted that, at long last, we are tackling the legal framework and that police forces have become much more aware of how this intimidation can work and what they can do about it.

When we debated the matter in the Moses Room last year, the Government said that they thought that the right of veto of sales by site owners would have to remain because of the Human Rights Act, so I was delighted to hear the noble Lord, Lord Best, explain what is clearly a compromise but one in which at least existing park home owners have far more rights than they previously had, and in which they are not likely to be subject to challenge under the Human Rights Act. That is very important.

I have one question with regard to the information that has to be sent under the new regime to the park home owners. I think the noble Lord, Lord Best, said it would include their name and issues around their compliance with the site regulations, around age and so on. When we look at the regulations for this, I would be very keen to ensure that the information that has to be given cannot lead to their being readily identified by the site home owner because we know that some of them will use intimidation, including knocking on their doors, if they are easily identified. So I hope we can think about that.

In this regard, as with many others, good site owners can welcome this, as can the residents because it is important that there are some controls on those who are able to move in. I share the concern of the noble Lord, Lord Whitty, about the delays on the introduction of a fit and proper person test. It has always seemed bizarre to me that we set standards in all sorts of areas, but not for park home owners. I am very concerned that, given the track record of many of them, there will be another three years before these things can be considered. Although I accept that devolution means a thousand flowers can bloom, it would be very odd if a site owner was barred under the provisions made recently by the Welsh Assembly as not being fit and proper, but was allowed to run a site on the other side of the border.

Given the age profile of the owners of park homes, and the nature of the homes themselves, energy use is a major problem. I understand that the rules of the Green Deal preclude grants to park homes. I wonder whether the Minister would undertake to hold discussions with colleagues in DECC to find a way to remedy this, so that those who are in greatest need can benefit from the scheme? Furthermore, can she say whether the current framework for resale of electricity and bottled gas is fit for purpose?

The Bill marks a major breakthrough. It is not just about the legal framework. It is also about there finally being recognition of the serious problems in this sector. Governments of all colours have been in denial for too long. I ask the Minister to work with colleagues in the Ministry of Justice to ensure that the tribunals are sufficiently resourced, particularly in the early years when they will have a high case load and will still be building up a framework of knowledge.

We need to encourage park homes owners to use all the powers that they now have to fight the rogue element where they find it, and urge the statutory bodies to listen to them and support them. There have been some very brave individuals who have stood up for the rights of park homes owners, even in the face of serious intimidation. One such was Bob Holland from Needham Market, who founded the National Park Home Congress which had such a successful conference last year. Sadly, Bob died not long ago, but I like to think that he would be pleased with the changes that this Bill would bring in.

We need a major communication programme with people living in park homes so that they are fully aware of their rights, and we need to work with organisations such as the citizens advice bureaux, as they are often the first port of call. I hope the Minister will also work closely with the Local Government Association in the context of its new powers and because councillors will often be the first port of call when problems occur, as I was. It is important that they communicate changes to the residents.

Good site owners have nothing to fear from this Bill, but 160,000 park home residents will be able to sleep more soundly in their beds at night. I wish the Bill all speed through this House.