Housing and Regeneration Act 2008 (Consequential Amendments to the Mobile Homes Act 1983) Order 2011

Debate between Baroness Whitaker and Lord Scott of Foscote

Wednesday 2nd March 2011 Grand Committee

[Lord Scott of Foscote]

If the noble Baroness can listen at the same time as being spoken to, she is a remarkable lady.

These are points that the Minister’s department should consider in connection with this statutory instrument before treating it as satisfactory in its present form. I saw this before—perhaps I should have said that I am a member of the Merits of Statutory Instruments Committee. I remember reviewing this and raising the points that I have raised this afternoon when the Select Committee considered this instrument. I do not know whether the secretariat of the Select Committee communicated the points I made to the department; it may not have done, but if it did, the points will be somewhere on file in the department. If it did not, the department needs to consider them and consider improving the statutory instrument by withdrawing it and redrafting. That, I remember, was done before the election by the previous Government when the Select Committee had objections to the way a particular statutory instrument was phrased and it led to a meeting for which the Minister, Mr Jack Straw, came to this part of the Palace of Westminster. He had a meeting with the chairman of the Select Committee, his officials and me, where we worked out a satisfactory wording, and the statutory instrument was withdrawn and relaid and went through in that satisfactorily amended form. I respectfully suggest that something similar needs to happen to this statutory instrument, because I do not believe that it is going to be satisfactory as it is now drafted.

[Baroness Whitaker]

My Lords, I share the pleasure of the Gypsy, Roma and Traveller communities that the long-standing source of discrimination and harm caused by their lack of equal tenure rights on mobile homes has been put right by these orders. I congratulate the Government on the orders, but, as has been said by the noble Lord, Lord Avebury, and the noble and learned Lord, Lord Scott of Foscote, there are problems and I, too, am surprised that the Merits Committee did not make more of them.

I want to add a few words on two provisions. The first, the outdated definition explained by the noble Lord, Lord Avebury, which was not flagged up in the consultation, would exclude a large number of Gypsy, Roma and Traveller residents—because, for instance, they want their children to have a continuous education, or they need regular healthcare—from the rights provided in the order. Two-thirds of the Gypsy, Roma and Traveller community live in settled accommodation from time to time at least. I really think that this must be put right. Could guidance do it? I do not see how it could, but what does the noble Baroness say?

The second provision that I want to comment on effectively excludes all possessions actions from the last resort of justice at a court of law, as the noble Lord, Lord Avebury, said. I had thought that the Government’s intention was to drop the idea of arbitration being the final stage, so that everything could go to the residential property tribunals, with their last resort being the courts. The weakness of the order as it stands, as far as I understand it, is that the local authority can insert an arbitration agreement in contracts as a device to avoid any possibility of court action. I do not think that that is fair either, and that was not our intention when we moved the amendment that eventually brought this order about. I submit that this, too, needs amendment.