Housing and Planning Bill
Debate between Baroness Whitaker and Lord Lansley
Baroness Whitaker (Lab)
My Lords, I added my name to Amendments 93A and 94, powerfully advocated by my noble friend Lord Beecham and the noble Baroness, Lady Bakewell of Hardington Mandeville. I added it on the clear basis that, unless Gypsies and Travellers—words which, by the way, should begin with capital letters, as recognised ethnic categories—are explicitly cited in the statute, along with travelling show people, local authorities will simply ignore their specific needs and airbrush them out of their reckonings, as they have done for so long. I will not rehearse the arguments made so powerfully in Committee, which were not really addressed in their nub and gist by the Government. Far from simplifying the law if the reference is omitted, as the noble Viscount, Lord Younger, said, in Committee, it will make it less precise and more open to fudge. It would be still better, of course, if this repeal were not in the Bill, which is what every single member of the Gypsy, Traveller and travelling show people communities to whom I have spoken thinks.
If the Government cling to their ideological insistence that equality is served only by flattening out difference, my noble friend’s amendments would relax the framework by proposing a planning policy rather than a statutory definition. There will still be a need, of course, to improve the Government’s definition of Gypsies and Travellers in this planning policy guidance so that those who have been forced to give up their traditional nomadic way of life through the absence of sites are not excluded. I hope that the Minister can give us some comfort on this. I urge him to accept the amendment and avoid the prospect of further judicial review.
Lord Lansley (Con)
My Lords, I shall contribute briefly to this short debate. I spoke in Committee to support the Government’s Clause 115, and I shall not repeat all of that, but it remains true—I am convinced of this by reference to local circumstances that I know well—that local authorities will continue to undertake an objective assessment of need for their Gypsy and Traveller communities and do so on the basis of that need and provision for that need and a five-year supply in a way that will genuinely respond to that need while giving greater reassurance to all the community that all their housing needs will be assessed on a similar objective basis. However, what we are looking at now is an amendment to require local authorities to look at very specific characteristics of sites that have to be accommodated. Obviously, that relates to caravans and houseboats, but it seems to me that there is an issue relating particularly to travelling show people, whom I know well and whom we accommodated close to where I live, in one of their more important sites. It is a difficulty with finding sites that can accommodate a community of people who have to have both residential accommodation and the capacity to store substantial equipment. That is particularly important for travelling show people.
Could my noble friend Lord Younger, in responding to the debate, say between now and Third Reading, if he cannot accept this amendment—and I can see why he might not—whether he will at least think about whether there is are specific characteristics that could be specified in the same way in the legislation, as they are for any member of the community who requires a site for caravans or houseboats on inland waterways?
Housing and Planning Bill
Debate between Baroness Whitaker and Lord Lansley
Baroness Whitaker (Lab)
My Lords, I declare an interest as president of Friends, Families and Travellers. I am proud to attach my name to Amendment 82H, not only because of the breadth and distinction of its support from the highest levels in this House—I know that the noble and right reverend Lord, Lord Williams of Oystermouth, very much regrets that he cannot be here. I also speak in memory of my friend Lord Avebury, whose amendment to the Housing Act 2004 the Government’s proposal in Clause 115 seeks to destroy. He was throughout his life a campaigner for justice and fairness and, when the Government of the day repealed his Caravan Sites Act 1968, which resulted in a few hundred more sites, he sought tirelessly to bring in replacement provisions, culminating in those in the 2004 legislation, in which I was honoured to join him.
Why is it necessary to oblige local authorities specifically to include Gypsies and Travellers in their housing needs assessments? It is because without this, as has been said, local authorities have an excuse to shirk even more their responsibility to provide sites for that small proportion of Travelling people—which, as has been said, includes showpeople—who need them. The DCLG’s published figures for the Traveller pitch fund are 533 sites for 2011 to 2015, but even that small number is misleading, because it is not a net figure: it omits the pitches lost to development. The real figure is in the region of 305 to 335, according to research done by Friends, Families and Travellers—that is 61 to 67 a year, which can barely respond to household formation, let alone repair the huge gap in provision.
Homelessness is now more acutely on the increase, particularly in the Midlands, because of the Government's new definition of Travellers, so well explained by the noble Baroness, Lady Bakewell, which ignores their ethnicity as established in law. Clause 115 did not emerge from consultation, nor was it presaged in the Conservative manifesto. It is as if the Government want, stealthily, to do away with a culture and traditional way of life that is different from that of the settled majority. Instead of bringing in measures that could improve social cohesion and oppose the prejudice that has made this very small minority so often marginalised and deprived—to the severe detriment of its health and education opportunities, let alone ordinary peace of mind—they seek to deepen that deprivation.
Clause 115 did not go unchallenged in the other place. My honourable friend Teresa Pearce cited over 11 national and local organisations, including the Joseph Rowntree Trust and all the leading Gypsy, Traveller and showmen bodies, in her request to remove it. In his response, the Minister, Brandon Lewis, did offer welcome recognition of the duty to assess all housing need. His justification for removing the reference to Gypsies and Travellers was:
“Our clause emphasises that Gypsies and Travellers are not separate members of our communities”.—[Official Report, Commons, Housing and Planning Bill Committee, 26/11/15; col. 345]
It has long been recognised that identical treatment is not at all the same as equal treatment. Indeed, in this case it would result in manifest inequality. Mr Lewis may have realised that he was on sticky ground, because he then offered to incorporate,
“any necessary elements of the current ‘Gypsy and Traveller Accommodation Needs Assessment Guidance’ in wider planning guidance”.—[Official Report, Commons, Housing and Planning Bill Committee, 26/11/15; col. 345]
Guidance has indeed just been published, but without the consultation which the noble Baroness, Lady Williams of Trafford, had offered at her very helpful meeting with the all-party group. It would have benefited from that. What guarantee does it give Travellers, forcibly evicted at great cost to the evicting authority or continually refused planning permission, that their local authority will be obliged by law to ensure that their need for a site is accommodated? I emphasise again the small number concerned—perhaps 25,000 in the whole of England—but even that has proved too much for our majoritarian culture. Advisory guidance with no statutory backing, open to change without parliamentary intervention, will hardly do much when there is no political leadership.
The Government’s own impact assessment has the grace to recognise this, as the right reverend Prelate the Bishop of St Albans, said. It says that,
“some local housing authorities may misinterpret the removal of a specific reference and therefore possibly fall short in their duties”.
However, it claims that this is balanced by the eight years’ experience of implementing the previous system and the reference to the provision of caravan sites and houseboats for canal workers. The problem is that the minimal provisions of those eight years needed strengthening, not eroding, to make enough of a difference.
The truth is that the studies which housing authorities carried out to assess need have been, at the best of times, insufficiently disaggregated to pick up small minority communities. Only specific Gypsy and Traveller assessments can ensure that a proper attempt can be made to provide sites which can preserve their way of life and allow them to live legally, in harmony with their settled neighbours. I hope that the Minister will take this on board and accept all the amendments in this group.
Lord Lansley (Con)
My Lords, I will briefly intervene in this debate. It is quite important when considering this issue to bear in mind that some of the local authorities that have dealt with the situation as it currently applies in legislation have found that the legislation itself has given rise to difficulties for them and, in some circumstances, to abuse.
I will say another word about travelling show people. I very much appreciated what the noble Lord, Lord Beecham, and the noble Baroness, Lady Bakewell of Hardington Mandeville, said about them, and I want, in a sense, to support what they said.
First, on local authorities, I remind your Lordships that I was Member of Parliament for South Cambridgeshire. That district has one of the largest numbers of sites for Travellers, relative to its population and area, of anywhere in the country. Contrary to some of the implications about the attitude of local authorities in the absence of statutory provisions requiring them to behave in certain ways, the local authorities in the district have always rigorously sought to assess the requirements of Travellers in our area and to provide for it. That is because it has historically been an area where Travellers have been welcome in order to support the industry in the county, not least because of the needs of the farming community. However, the issue is that the specific statutory provisions, which Clause 115 would in effect remove, have not enabled local authorities to make disinterested and even-handed assessments of housing needs for all the members of our community, but have given an opportunity—often not for the legitimate Travelling community, who have been coming to South Cambridgeshire over generations—frankly, for abuse.
I refer not least to Smithy Fen at Cottenham in my former constituency, where some come, assert that they are part of a Travelling community—even in circumstances where they already have established residential accommodation in other places—and use the requirement for an assessment of need, which they then assert has not been met, buying at agricultural prices property in a place where development land values are many orders of magnitude greater. They then take possession and seek planning permission over a period for those properties, giving themselves very large uncovenanted benefits and, in some cases, moving on and doing the same elsewhere. The statutory provisions give a sense that, contrary to what the settled community feels, there has to be a fair assessment and an even-handed effort to meet everybody’s housing needs. Those housing needs are being met in ways that would never be accommodated for the purposes of the settled community. The same piece of land would never be able to be developed by somebody from the settled community whose need for housing might be at least as great. Often, in villages, there are young people who would love to live in that village and would love to have that site available for development but, for material planning reasons, it is not available. Therefore, it is important to them that the local authority has the ability—and should be required—to look at housing need and to respond to it across the community. In many places in consideration of this Bill, many Members on all sides of the House have taken the view that we should trust local authorities, through the planning process, to assess planning need and to provide for it. Frankly, that is what we should do in this case.
Baroness Whitaker
Does the noble Lord accept that overall, nationally, there is a huge shortage of legitimate sites?
Lord Lansley
I shall not comment on that. I am simply commenting on South Cambridgeshire where there is evidence that we—the people of South Cambridgeshire, the local authority and Cambridge city—are trying our hardest persistently to increase the availability of sites and have done so successfully. However, with all that effort, at no point have we been able to satisfy the requirement on the basis simply of asking how many people are seeking sites in South Cambridgeshire. That is a different issue. The issue is—as is true for all housing need—that local authorities must be in a position to decide the balance between the requirement for housing and the availability of sites, consistent with the wider development framework.