Police, Crime, Sentencing and Courts Bill (Second sitting)

Allan Dorans Excerpts

Committee stage
Tuesday 18th May 2021 Public Bill Committees

[Siobhan Baillie]

Alison Hernandez. Thank you.

Alison Hernandez: There are a few things, actually. Some of the existing arrangements under the legislation that you mentioned are quite strong, but there is a resistance—a nervousness—among police actually to deliver on them, and I think that having a very clear criminal offence makes it a lot easier for the police to act.

At the moment, if you look through the National Police Chiefs’ Council guidance on how to deal with unauthorised encampments, it refers to a number of elements that must be met before the police take some action. This change actually enables the police to make that decision much more easily and more simply, so we really support the change to the way that we are looking at this issue.

I want to be clear that right now, as we speak, I have two unauthorised encampments, one in each county: one in Truro; one in Cranbrook. And these encampments are really affecting our communities’ confidence, by allowing people to break the law and cause damage. Actually, our communities are taking extreme measures to try to stop these unauthorised encampments from happening. This is not about being against people who have an alternative lifestyle; having such a lifestyle is absolutely fine. But when they impact on the communities’ amenity and actually cost the community money to clear up and solve issues, this offence helps to make it really clear that we do not want to see that situation in our communities.

I will just add that the sort of extreme measures that I have witnessed here in my area of Devon and Cornwall include a local council spending £18,500 on metal gates with locks to stop people from accessing pieces of land, which people have still broken into and accessed. The council have now built a concrete wall to stop those people, but it is also stopping local communities from using that land, too, because the council do not want to spend more money to clear up the land afterwards. So there is a challenge about sites—absolutely—for local authorities to consider, but I think this offence makes it clear for policing that there needs to be action.

Councillor Caliskan: The issue is experienced by local authorities up and down the country to different extents. I think it is true to say that there is disruption and that it can cost local authorities resources and funds. It is also true to say that across the country our Gypsy and Traveller communities are badly served in terms of sites that are allocated through planning policy, and it does not help when local plans take a number of years to agree things for them. So, even when there is a clear commitment to find additional sites, it can take years to identify those sites in planning policy. It is partly a planning policy issue and it is partly, I think, a lack of commitment to be able to find adequate space for our Traveller communities.

However, I have to say that the best example of existing local government being able to accommodate Traveller communities is when local authorities proactively build relationships, and while the Bill clearly sets out a way forward to be able to deal with the issues from an enforcement perspective, that is only a part of the picture. The LGA’s view would be that alongside that there needs to be a genuine commitment to accommodate communities, to have adequate spaces and to support those communities in additional things that they might need, such as health provision. Over the past year, there have been good examples of local authorities appointing community liaison individuals just for Traveller communities to be vaccinated, for instance. It costs local authorities resources, but there is a bigger picture that has to be considered.

David Lloyd: I think first of all we have got to start to look at how we can work together across the public sector, and I do not think that we are good enough at that. Very often, the first thing that happens is that the police are called to move on rather than thinking about what the issue is in the first place. Certainly, when I was first elected to a local council back in 1992, we had issues with Travellers and unauthorised encampments. If we had started then with a policy of ensuring that every single borough and district council had sufficient provision for those who may pass through, so that then, when there were unauthorised encampments, they could be moved on to those places, I do not think that anyone would feel that there was a problem in doing that. The issue is when there is no other place reasonable for them to go that is within close proximity. I do not think the duty of the districts and boroughs in two-tier areas and local councils in other areas is enforced sufficiently.

We always have to think about what it is that victims of all crimes and members of the public think most of all. One of the things that concerns people most of all is when there is an encampment—very often, it happens around a bank holiday weekend—and it seems that nothing can be done. I think that the strengthening powers within this will be helpful but that does not, in the long term, help with the real problem, which is: is there sufficient provision? We have got to do something alongside that.

In this discussion, along with the earlier question where Sarah Champion asked “What about budgets?”, we have to find a better way in local government—and I am proudly a part of local government as a police and crime commissioner—to share all of our budgets and we have to find a better way to plan together. Because one of the problems is that the issue of unauthorised encampment is always pushed to someone else as their problem, rather than any one of us picking it up as our problem. We have got to find a way through that.

[Allan Dorans (Ayr, Carrick and Cumnock) (SNP)]

The Bill introduces offensive weapons homicide reviews. What do you see as a rationale for holding only reviews where offensive weapons are involved? Why is the focus on this type of weapon and is there not a danger that those who have lost loved ones to other causes or other methods will feel that their loss is less valuable than others? That is to anyone who wishes to answer that. I think we will start with Councillor Caliskan, please. [Interruption.]

[The Chair]

I think we have lost you again, councillor. Shall we go to someone else while we see if we can sort this out?

[Allan Dorans]

Mr Lloyd?

David Lloyd: My understanding of the Bill—you will understand it better than me, probably—is that it does not get rid of other homicide reviews. Of course, the one that probably you and all of us are familiar with is the domestic homicide review, which is always very helpful, and we all learn a great deal across all agencies around that when that happens. I think this builds on that and that is reasonable.

One of the areas of focus at the moment is around serious violence. I think it not unreasonable, therefore, that we take a little bit more time and we have a little bit more evidence around what has gone wrong. I am a real believer in evidence-based policing, and we have to look at that really closely. I am very much in favour of that. It is going to be, remember, an 18-month pilot. If that brings about initiatives to prevent homicides and protect communities, I think that is a very good idea.

[The Chair]

Let us try Councillor Caliskan again.

Councillor Caliskan: Hopefully you can hear me now. I agree with what David said about the pilots, and it will be interesting to see the outcomes. The direct comparison is to domestic violence homicide reviews, where there can be very clear learning; and being able to learn, as a system of multiple agencies, where you might have been able to intervene earlier to stop something helps us to reduce crime in the future.

The issue with offensive weapons homicide reviews is that the evidence shows that somebody with an offensive weapon may not necessarily know their victim. You can take knife crime, for example, and compare it with domestic violence. In most cases of domestic violence, the victim and the perpetrator would know each other; that is not necessarily the case—in fact, most often is not the case—when it comes to knife crime.

I think it will be interesting to see the outcome of the pilots, but we have to be careful that we are not just creating additional burdens on agencies and that we have clear criteria and pathways for learning. Also, who will be the owner of the outcomes? Who will be responsible for being able to implement some of those lessons learned? I think that level of detail is probably missing from the Bill, so I wait to see the outcome of the pilots.

Alison Hernandez: One of the challenges around domestic homicide reviews is the lengthy delay from, obviously, when the incident happened to when the review is completed. Often, the challenge we have is that people have moved on and some of the corporate learning from it is not actually kept well within the organisation. So I think that that accountability around this trial would be really helpful, to be clear. There are opportunities around things like local criminal justice boards and there are opportunities through police and crime commissioners of actually holding on to this as part of something that we have to report on. So I think it would be good to look at that accountability to make sure it does not become a paper exercise and is not really utilised in decision making.