Mobile Homes Bill

Debate between Brandon Lewis and Heather Wheeler

Friday 19th October 2012 Commons Chamber

[Brandon Lewis]

I thank my hon. Friend for the opportunity to confirm that. Yes, we will, and I will highlight that point specifically in a few moments.

As has been said, the Bill affects only a small number of homes, but it is hugely important to the people who live in those homes, and that is what matters. It will deal with about 85,000 park homes on 2,000 sites. The sector represents only about 0.5% of the housing stock in England, but it is vital. Its residents have rights just like everybody else, and they matter a great deal to all of us. The fact that the sector is small does not mean that we should not address the injustice that is rife in it, and the Bill goes some way towards doing that. That is why the Government fully back the Bill.

Let me explain the Government’s position and why the Bill does not contain more—a point on which some Members have commented. The Bill builds on the thorough and searching inquiry conducted in the spring by the Communities and Local Government Committee. I congratulate the Committee on the report and thank them for it. The Bill takes forward a number of the Committee’s recommendations. As we have heard today, there is a good deal of consensus on the fact that legislative reforms are desperately needed. There is cross-party support for such reforms. Members have given examples of unacceptably unscrupulous behaviour towards older and sometimes vulnerable home owners, disgraceful acts that must not be tolerated for a moment longer.

For Members with park homes in their constituencies, these stories will unfortunately be all too familiar. My hon. Friend the Member for Waveney reminded us that the Prime Minister has himself called for urgent action to tackle the problems in the sector. The Bill will do that, but the Government are mindful, as is my hon. Friend, that there are many good site owners in this industry who provide a professional, top-class service to their residents and respect their rights. Sadly, their good work is too often masked by the unacceptable behaviour of the unscrupulous operators who pervade the sector.

We want to create a level playing field where the good operator does not face unfair competition from unscrupulous ones who ignore their obligations and the rights of others. We want to see the industry put on a sustainable footing for the future, so that those who run a decent and honest business can flourish and there is no place for the unscrupulous and for criminals. We want home owners to be confident that their homes are safe and their rights are respected. The Bill aims to achieve that by introducing measures targeted at those who ignore their obligations and exploit their residents, while placing minimal burdens on those businesses that manage their sites well and respect their residents’ rights—the right approach with a light touch.

The Bill focuses on three key areas: reforms to the antiquated licensing regime that applies to park home sites; removing the ability for unscrupulous operators to block lawful sales by residents of their homes; and ensuring that pitch fee increases are transparent to prevent residents from being overcharged. All those issues were identified in the Department’s consultation paper on reforms to the sector published in April.

The Bill also includes a provision that would permit the Government to introduce a “fit and proper person” test through secondary legislation, should that prove necessary, which was one of the Select Committee’s recommendations. I will say a few words about why the Government have accepted that recommendation. It is not our intention to introduce an industry-wide “fit and proper person” requirement at present. I sincerely hope, as many Members have commented today, that the introduction of such a test will never be necessary. New bureaucratic burdens on good businesses must be a last resort. As we have heard this morning, the majority of site owners are good.

However, we must also ensure that conditions in the sector improve, which is why the Bill focuses on making it simply unprofitable for unscrupulous operators to exploit residents. We accept the risk that some of the worst operators might try to persist and that it might therefore be necessary to take powers later to remove them directly from the industry. Therefore, we will review the situation after a suitable period to see how behaviour in the industry has changed. If unscrupulous practices persist, we may consider introducing the “fit and proper person” test. A clear message must go out to bad owners that their behaviour will not be tolerated and, if it continues, the Government will act.

[Heather Wheeler]

I congratulate the Minister on his new post—it is great to see him at the Dispatch Box. I am so pleased to hear his words about the “fit and proper person” test. I came here four years ago, as leader of South Derbyshire district council, to meet Ministers and discuss this matter, but we were just thrown out of the room and not one iota of the proposal was to be considered. Time has moved on and I am delighted that there is cross-party support for the proposal. Clearly, it is such a big issue that the Government have listened and everyone wants it to happen. I thank the Minister very much.

[Brandon Lewis]

I thank my hon. Friend for her comments. Hopefully I have been able to give some assurance about the Government’s determination to deal with this issue. If we need to act, we will do so.

I acknowledge that my hon. Friend’s Bill does not include everything the Government consulted on. The policy reasons are explained in the published response paper, which is available on the Department’s website. In some cases we have simply concluded that legislative change would not necessarily be the best solution, but it is also a matter of size and what can be achieved in a private Member’s Bill. The Bill already runs to 15 clauses, which is unusual for such a Bill, and it would have been impossible to include everything we consulted on if it was to have much chance of completing all its stages and receiving Royal Assent—something that we all want and which is important for the industry.

I want to congratulate everyone who has campaigned so hard on this issue over the years, including the previous Housing Minister, who did a huge amount of work on it, Lord Graham and the all-party group on mobile homes. I also congratulate the Select Committee on its report.

In conclusion, I fully agree with my hon. Friend’s decision to focus the Bill on the key areas of reform that would have the greatest impact and the most lasting effect. These reforms, as we have heard, are well overdue and desperately needed in the industry to protect all our residents. That is why I commend the Bill to the House and wish it a safe passage through this House and the other place.