Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Andy Slaughter and Mike Weatherley

Tuesday 1st November 2011 Commons Chamber

[Mr Slaughter]

I think I was doing my politics A-level at the time, so I might have studied the Act as part of that. My hon. Friend makes an important point about housing need that the Minister, to be fair to him, also addressed, and I will move on to that in a moment. I will not say what grade I got in my politics A-level—[Interruption.] Let us just say that it probably would not impress the Education Secretary.

We share the anger of people whose properties are damaged or vandalised by squatters. That is always wrong, and it is right to decry such behaviour. It is also right to say that there are, for want of a better term, lifestyle squatters—people who are part of the something-for-nothing society. We disagree with that, and we support the criminalisation of their activities. However, many squatters are homeless, and often have severe mental health or addiction problems.

It may be a sign of the Government’s topsy-turvy logic that in one part of the Bill, which we support, they seek to divert those with mental health and drug problems from the criminal justice system, but this part may criminalise those very people. At the same time, we are seeing some of the most swingeing benefit cuts in history. Housing benefit has been mentioned. In constituencies like mine, thousands of families will be forced to move because of the cuts in housing benefit, or may lose their properties. Incompetence by the Department for Work and Pensions and its private sector agents, such as Atos Healthcare, is causing a rise in poverty and homelessness. We are seeing a massive increase in appeals on welfare benefits, and 170 extra staff have been hired by first-tier tribunals to deal with those appeals, many of which are successful. That is one reason why we oppose the Government’s proposals on social welfare legal aid.

I wish that yesterday we had had the luxury that we have today—a timetabled programme with knives to grandstand some of the Government’s proposals. The House is thinly attended and the debate is frankly low key, whereas yesterday the Government engaged in talking out important measures on which many hon. Members wanted to speak. I noted what the Secretary of State, or it may have been the Under-Secretary of State for Justice, the hon. Member for Huntingdon (Mr Djanogly), said about our debates tomorrow. I hope that we will have the debates that we want tomorrow, including those on part 2, and that Government Whips will not employ their tawdry tactics again.

Some 40% of homeless people have squatted, as my hon. Friend the Member for Islington North (Jeremy Corbyn) said, and 6% of homeless people are squatting at any one time. There is a significant prevalence of mental health problems, learning difficulties and substance addiction in those who are homeless.

This afternoon, I opened a new project for homeless people in my constituency. Very experienced people from organisations for the homeless—they were not trying to be party political in any way—asked me a question that I could not answer. They said that the Work and Pensions Secretary talks about an underclass, or a feral class as the Justice Secretary also said, and says that the Government want to take action to help problem families and to relieve poverty at the bottom of society, so why do they wish to take measures that could criminalise those same people?

The Government are clearly being tough on squatting, and we have no objection to that, but they are being incredibly weak, contrary to what the Minister said, on the causes of squatting. In fact, their impact assessment gives a hint of who the people are who often end up squatting. It says:

“Local authorities and homelessness…charities may face increased pressure on their services if more squatters are arrested/convicted and/or deterred from squatting. Local authorities may be required to provide alternative accommodation for these individuals and could also face costs related to increases in rough sleeping in their areas. An increase in demand for charities’ services (food/shelter etc.) may negatively impact current charity service users…There may also be a cost to society if this option is perceived to”

be

“unfair and/or leads to increases in rough sleeping.”

The pièce de résistance is:

“It has not been possible to quantify these costs.”

The Government accept that there will be pressure on services, but say that they cannot quantify the cost. Why? They do not know how many people squat. I believe—the Minister will no doubt correct me if I am wrong—that the civil servants have used figures from squatters’ organisations to estimate how many squatters there may be. The Government’s estimate is that there are between 340 and 4,200 criminal squatting cases across England and Wales, and that the Crown Prosecution Service will charge between 850 and 10,600 offenders.

The Government accept in their response to the consultation that

“as with any criminal offence there would be an operational discretion as to whether a person should be charged with an offence.”

I think that goes without saying, but they say it in particular with respect to hikers who take refuge in a house to take shelter from the elements. [Interruption.] I am glad that the Government Whip, the hon. Member for Lichfield (Michael Fabricant), is interested, and I will say a bit more about that. It is a problem that the Government see as a possible unintended consequence of the new legislation. They state:

“The Government accepts that hikers who occupy a residential building in these circumstances might be committing an offence as a result of its proposals. In practice, however, it seems unlikely that the property owner would make a complaint”,

so that is all right. They continue:

“Even if a complaint were made, as with any criminal offence there would be an operational discretion as to whether a person should be charged with an offence. The Government considered creating a ‘reasonable excuse’ defence to allow for this type of situation, but was concerned that such a defence would be open to abuse and might render the new offence toothless.”

I have seen some pretty shoddily justified legislation in my time, but that really is an “on the one hand, on the other hand” explanation.

I hope that at the very least the Minister will tell us whether his intention is to apply the discretion that he wishes to see applied to hikers, an important category of citizen, to those who occupy empty properties out of desperation—the people the Government’s own impact assessment states would now have to resort to sleeping rough. They could include people with mental health or addiction problems whom it may be more appropriate to treat than to detain in jail. I have heard the Minister make that argument in another context in Committee. I note that this farrago and confusion would not have happened had the appropriate parliamentary process been followed.

It is common practice in a Second Reading debate—this increasingly feels like Second Reading, when we see measures for the first time and pass general comments on them—for a proposal that has some merit but needs refinement to be allowed through. That is what we intend to do today. We support the idea that there may be categories of squatters who need to be criminalised, although we say that the current criminal law is not being properly used in that respect.

I hope that the Minister will not think that our decision to allow matters to proceed is an unthinking endorsement of his position. Those who think squatting an acceptable lifestyle choice should be under no illusion about the fact that we disagree, and we support the criminalisation of what is, frankly, arrogant behaviour. For that reason, we believe it is right to allow the matter to be scrutinised in another place. However, there remain issues to consider and more thought and deliberation to be done before the new clause reaches the statute book.

I hope that the Government will at the very least consider the issues that I have raised today, and those that other hon. Members will no doubt raise, and keep them in mind when they feel the endorphin rush of a few cheap tabloid headlines again. I hope that they will think seriously about all the implications of the new clause and come up with something a little clearer, better defined and less vague.

The Minister will no doubt say that I am giving less than wholehearted support. Not true. We support the Government’s intention, but we believe that because they have once again rushed matters towards the statute book, they have not given them proper and clear consideration thus far. Once again, they leave it to another place to do that.

[Mike Weatherley (Hove) (Con)]

Today is a good day for the law-abiding citizens of this country and a bad day for those wanting something for nothing. Since my election nearly 18 months ago, I have been campaigning to criminalise squatting, including in an excellent Westminster Hall debate with the Minister about a year ago. I congratulate the Government on tabling the new clause.

I wish to dispel once and for all the myth that squatters and homeless people are one and the same. My Hove and Portslade area contains both wealth and deprivation. It is a Mecca for every character imaginable, and that is what makes it such a wonderfully diverse place to live. Homelessness is an issue, and we have a fantastic support network of local charities, including Emmaus, Brighton Housing Trust, the YMCA and Off the Fence, which looks after a great number of vulnerable people through Project Antifreeze—indeed, I will visit Off the Fence again this Friday. It is our duty to look after homeless people. I fully support all the excellent work being done and the Government’s commitment to do even more.