Gypsy and Traveller Sites

Andy Slaughter Excerpts

Wednesday 15th May 2024 Westminster Hall

[Mr Hollobone]

If the hon. Lady is talking about temporary Traveller stopping sites, I highlighted those in my opening remarks. Under the present law, local authorities are encouraged to provide temporary stopping sites so that Gypsies and Travellers who have temporary unauthorised encampments can be moved out of a local authority area only if such transit provision has been made. I would argue that that should be unnecessary, and that they should be required to move out of the area in any case, just like anyone in the settled community if they were parked up temporarily on somebody else’s land.

[Andy Slaughter (Hammersmith) (Lab)]

I know that the hon. Gentleman is a fair-minded person, so may I suggest to him that the balance actually goes the other way? He might be aware of the case of Smith v. Secretary of State for the Home Department, which was handed down yesterday and granted a declaration of incompatibility under the European convention on human rights. It said that there is a lack of lawful stopping places for Gypsies and Travellers, and unless the Government increase provision, the law as currently drafted will amount to unjustified race discrimination. For example, only eight out of 68 local authorities in the south-east of England have identified the land needed for Gypsies and Travellers in their area. It is the lack of sites that is at the root of the problem, not unfair treatment that benefits Gypsies and Travellers.

[Mr Hollobone]

As always, the hon. Gentleman and I totally differ on these issues. I would argue that we should withdraw from the European convention on human rights and amend the Human Rights Act 1998, because it is simply absurd that public authorities should be spending millions of pounds to develop stopping sites for Gypsies and Travellers. The pressure on the public purse is already enormous without adding to it.

--- Later in debate ---

[Andy Slaughter]

On that issue of site availability, I recommend the Friends, Families and Travellers report to the Minister and to the hon. Member for Kettering (Mr Hollobone), “Kicking the can down the road: The planning and provision of Gypsy and Traveller sites in England 1960-2023”. It explains the lack of site provision, which is at the root of the judgment in Smith yesterday that led to the declaration of incompatibility. The Minister has now had 24 hours to consider the judgment and I wonder about the Government response. They will have to deal with the issue—and the law at the moment—which stems from the fact of discrimination, with certain parts of the criminal law being impacted where there is not sufficient site provision in a particular area at the moment.

[Lee Rowley]

The hon. Gentleman is an experienced Member of the House, and he tempts me to comment on a very recent legal case but, with the leave of the House, I will reserve comment on that judgment while my colleagues review it. I will not comment specifically on the outcome of the case, as I am sure he understands.

I will quickly set out the position and then give a few comments on the points made by my hon. Friend the Member for Kettering. The Government set the legislative and policy framework—we have talked about it today —within which this area of policy operates, including the NPPF, or national planning policy framework, and the PPTS, or planning policy for Traveller sites. Despite the variance between the two policies, as articulated by colleagues, local planning authorities are responsible for plan preparation and have a duty to make planning decisions in accordance with the development plans that they have adopted. The planning policy for Traveller sites should be read in conjunction with the NPPF, and there is the requirement to provide a “robust evidence base” for the actions that are taken by individual planning authorities when they are preparing for them.

We all recognise, because we spend a lot of time in debates like this, that whether it is about this area of planning policy or any others, no area of planning policy is perfect. The question is how we balance the many different competing interests in the most appropriate way. There are always challenges, even in areas that are not contested, and this is obviously a relatively contested area. The question is how we ensure fairness in that discussion.

To the questions asked by my hon. Friend the Member for Kettering about fairness, it is about trying to work out how we balance that. I accept and agree that that is an open question, and it is perfectly legitimate and appropriate for us to come back and look at those issues on a very regular basis, which is something that we try to do across planning. I will continue to do that within this area of planning, which is why I am so grateful to my hon. Friend for having hosted me and officials a few months ago to articulate the challenges experienced in Northamptonshire.

I absolutely welcome the views and thoughts of Members across the House about both the planning policy elements, such as the local plans and whether they work, and whether the planning application process for Travellers works. My hon. Friend has put on record many of his comments today, which is very helpful, but I would welcome any further comments from other Members present.

It is the case, and I think it is important to reiterate, that the number of pitches provided in this country has substantially increased over my lifetime. In 1979, it was fewer than 10,000, and it is now 25,000 according to the latest count. There is a substantial increase in provision and it is important that discussions like this do not miss that point out. The question is, building on that increase in provision, where the logical extent is of where we need to go and what provision we need to require local authorities to provide for. That is why I would welcome comments from colleagues across the House, whether they are positive or negative, on the impact in their areas. When we are thinking about that, as when we are thinking about all elements of planning policy, we can consider that in the round when we bring ideas and proposals forward.

I recognise that I have just under three minutes left, but my hon. Friend talked about enforcement, and that is a hugely important area of policy, as he has highlighted. I do not lead on that part of the discussion, but I will certainly pass back the comments that he has made to my colleagues in the Home Office. As my hon. Friend indicated, some movement and some progress has been made—although I know he had comments about that—in the Levelling-up and Regeneration Act, which became law last year. That removed the four-year time limit for taking action against some of the breaches in planning control, and it doubled the time when stop notices are effective from 28 to 56 days. We will return to the point that, when there is intentional unauthorised development generally along the lines of what my hon. Friend has articulated, that should be a material consideration when considering where the position has ended. We are committed to consulting on that and on how we implement it in the future within the broader policy framework.

I have less than two minutes left, but this is a very big area of policy. It is highly contested and it is one, from a Government perspective, where I think it is absolutely right that we tread carefully with our words and consider this in round. I absolutely acknowledge that there are strong views across the House on all these areas, and I also acknowledge that there are experiences in parts of the country that are really challenging at the moment. That is one of the reasons why I am keen to hear views from all colleagues over the course of the months ahead. It is why I am really keen to understand the suggestions of any colleagues about how we make progress, building on that significant increase of pitches that has occurred over my lifetime and recognising that we need to look at the issue in the round.

I will certainly pass on my hon. Friend’s comments on enforcement to the Home Office, and I look forward to continuing discussions with colleagues from across the House on this in future. We need to look at how we get this policy right, how we understand it and how we respond to some of the rightful challenges that have been set, while recognising that there is a balance that always needs to be struck here. It is about learning from experiences and working out how policy can be iterated and amended over the long term to ensure that it makes progress.

Question put and agreed to.