Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Strasburger and Lord Bach

Tuesday 27th March 2012 Lords Chamber

[Lord Strasburger]

My Lords, I should start by declaring an interest, or at least a former interest. In a previous life, I was a shareholder in and director of a company that made its money—in fact, quite a lot of money—from keeping squatters and others out of empty properties. You might conclude, when I have finished my short speech, that I am a bit of a gamekeeper turned poacher.

This clause was added late to the Bill, which might explain why it is a rather clumsy and blunt instrument. I am not sure who this new offence is aimed at. Is it aimed at squatters in vacant properties, who are not currently committing a criminal offence, or is it aimed at squatters in occupied properties that might be temporarily empty while the occupiers are on holiday, or even shopping? As we have heard, squatting such as that is already a criminal offence. I am not sure which situation this clause is intended to address. Perhaps the Minister will enlighten me.

This clause is a blunt instrument because its unintended consequence—and I sincerely hope that it is an unintended consequence—is to protect unscrupulous property owners who keep properties vacant for years for purely speculative reasons and, in the process, prevent homeless people having somewhere to live. The amendment deals with that by limiting the period of that protection. This clause is a cuckoo in the nest because such a provision has no place in the Bill and has no connection with any other part of it. Squatting should not be considered in isolation, as we have heard, but should be considered in the context of housing and homelessness.

[Lord Bach]

My Lords, the House will be delighted to hear that I intend to be brief. It owes a huge debt of thanks to the noble Baroness, Lady Miller, for having persistently come back with her amendments on this absurd clause, which, as the noble Lord who has just spoken said, does not fit in. “Cuckoo in the nest” is a polite way of putting it. The clause does not fit into the Bill at all and makes one wonder why on earth the Government ever included it.

If the noble Baroness were to test the opinion of the House, we, the official Opposition, would support her because she is clearly right. Everyone who has spoken on the substance of these amendments has said that the current clause is unsatisfactory, wrong and completely unnecessary. Why is it there? There is no need for it to be there in terms of criminal offence. We have heard from the noble Lord, Lord Elystan-Morgan, and others that legislation already exists that covers the point completely. The clause is there to placate the right-wing press and right-wing prejudice. That is something that the House should bear very much in mind when considering this issue.

The Law Society, the Bar Council, ACPO and the Metropolitan Police—all those groups who have had the courage to speak out, as has the noble Baroness against the clause—are not exactly groups associated with squatters. They are independent, able groups that have come to a view about a brand-new criminal offence that is planned. Unless we do something about it this evening, it will almost certainly become law comparatively shortly.

The irony of our proceedings is that if the noble Baroness were to test the opinion of the House this evening, it would very likely be her own side who made sure that she did not win.