Squatting

Crispin Blunt Excerpts

Wednesday 30th March 2011 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)]

I congratulate my hon. Friend the Member for Hove (Mike Weatherley) on securing this debate on a very serious issue. Like him, I have become increasingly concerned about the distress and misery that squatters can cause to commercial property owners and home owners alike. In his excellent contribution, he identified the costs not only to individuals but to wider society, including the costs associated with enforcement by the police, and with all the public agencies that have to clean up after squatting incidents, either through the legal process or literally, when properties have been invaded. There should, therefore, be no doubt about the seriousness with which the issue is taken and the perniciousness of the crime.

I am extremely grateful for my hon. Friend’s compliments about the guidance issued by the Minister for Housing and Local Government and me. My hon. Friend came to it with a proper degree of scepticism about whether it would be of any use. I am extremely grateful that, having examined it, he has referred to its utility. That is only the first stage of the process, so let me take Members through the further action that we are contemplating.

My hon. Friend has not been alone in raising the matter, both directly with me in questions and publicly, with this debate. He is joined by our hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) who came to see me before Christmas to discuss the damage that squatters caused to commercial buildings supervised by one of her constituents. The extent of the damage and the cost to her constituents are appalling. She was accompanied by Steve Cross, head of security for a development company, who made it clear that squatters were costing his company many thousands of pounds because of the direct damage to the buildings, the problems caused to neighbours with loud parties, litter and rubbish, and the amount of time it takes to sort things out—sometimes six to 12 weeks for a court order to be granted and then finally enforced. We all know that the legal process is tricky, particularly for someone coming to it for the first time, and it is almost inevitably expensive, with court costs to be borne as well.

Since Christmas, we have seen a succession of newspaper reports about squatters occupying high-value residential properties in London, and there have been reports on the consequences of squatting in local papers all around the country, including, as my hon. Friend the Member for Hove has said, in his constituency. The situation is not confined to the capital, and I suspect that the picture is similar in other large towns, but we do not have a precise idea of how many squatters there are nationwide. We do know, however, that 360 applications for interim possession orders were made in the civil courts last year. An interim possession order is an accelerated process, specifically designed for evicting squatters. It provides an indicator of how many households are blighted by squatting each year, but that figure is probably only the tip of the iceberg.

It is because we are aware of the misery that squatters can cause that we intend to strengthen the law, and consider how to strengthen its enforcement. I hope that my hon. Friend will bear with me, however, because we are yet to complete the cross-departmental process of analysing our own Ministry of Justice internal suggestions before publishing a formal consultation. We are going through the internal agreement processes. Nevertheless, I would like to leave him with a clear steer on our approach.

[Jim Shannon]

Is there a role for the UK Border Agency here, alongside the police? I am not saying that this is always the case, but I am aware that in some cases squatters might be in the country illegally.

[Mr Blunt]

I certainly hope that if there were any reliable evidence that the people involved were in the country illegally, the UKBA would be engaged in initiating appropriate proceedings to remove them from the United Kingdom. I had not considered that angle in preparing my remarks for the debate, but the obvious answer is yes, one would expect the appropriate authorities—in this case the UKBA—to be properly engaged in exercising their responsibilities, in the same way as they would be in any other circumstance.

We will want to examine the existing squatting laws to see whether they can be appropriately strengthened because, having listened to my hon. Friend the Member for Hove, the issues that were raised at Justice questions yesterday, and the conduct of the whole public debate, it is pretty clear to me where the public are on this issue and I am confident that measures to strengthen the law would have significant support.

[Mike Weatherley]

Is the Minister considering full criminalisation of squatting as part of those measures? In my constituency and elsewhere, there are serial squatters who just move from one property to another when they are evicted. In one instance in my constituency, they kicked a hole in the wall and moved next door. The police are powerless to have any damages or continuing action taken out against the squatters. Without the criminal process, they are just moved on and then do it again.

[Mr Blunt]

That is, of course, one of the things that we are considering, and it has been pointed out that in Scotland squatting is a criminal offence. That offence, however, is extremely widely drawn and for that reason the tariff of punishment is extremely low. It is at the very bottom of the scale—a level 1 offence—with a fine not exceeding £200.

[Mike Freer]

Perhaps I could help the Minister on that point. I understand that squatting is a criminal offence under the Trespass (Scotland) Act 1865, which states that the maximum penalty is a fine or 21 days’ imprisonment. That is a slightly firmer penalty than in the information the Minister has, and I urge the Government to adopt it.

[Mr Blunt]

That might have been the position in 1865, but I am afraid that the Criminal Justice Act 1982 restricted punishment to a fine not exceeding level 1, which is currently £200.

[Mike Weatherley]

It is important to establish that penalties in Scotland are too lenient. The fine is indeed £200 for an offence. The penalty for non-payment of that fine is 21 days.

[Mr Blunt]

I am grateful for that clarification.

Squatting is almost inevitably accompanied by a series of criminal offences, such as criminal damage or breaking into the property in the first place. The improper use of utilities was discussed. Using someone else’s electricity is theft, subject to a maximum sentence of seven years. The unlawful abstraction of electricity is also a criminal offence, with a maximum sentence of five years. There are numerous avenues.

To lay out the picture in the time that I have left, the main criminal law provisions on squatting are set out in sections 6 and 7 of the Criminal Law Act 1977. I will deal with section 6 first, as it has given rise to the popular notion of squatters’ rights. Section 6 of the 1977 Act states that it is an offence for a person to use violence to enter a property where someone inside is opposed to their entry. The offence was designed to stop unscrupulous landlords from using violence to evict legitimate tenants, but its existence has led some squatters to display so-called section 6 notices on the door of properties notifying the property owner that it would be an offence for him to break back in.

The offence does not apply to displaced residential occupiers who break back into their own homes, but it prevents commercial property owners from breaking back into their commercial premises when someone inside objects. One option that we have been considering, therefore, is whether section 6 could be amended to give non-residential property owners the same rights as displaced residential occupiers to break back into their property. We think that that would effectively render section 6 notices meaningless. After my discussions with my hon. Friend the Member for Chatham and Aylesford, I am strongly attracted to that option.

Section 7 of the Act includes an offence that is committed where a squatter refuses to leave a home when required to do so by a displaced residential occupier or a protected intending occupier of the property. Under the current law, the squatter has a defence if they can prove either that they did not believe that the person requiring them to leave was, or was acting on behalf of, a displaced residential occupier or a protected intending occupier, or that the premises were not used mainly for residential purposes and that they were not on any part of the premises used wholly or mainly for residential purposes.

Another option that we are considering is whether that offence could be strengthened to protect other types of property owner, so that owners of non-residential property would have the same protection as displaced residential occupiers. At present it is an offence, for example, for a squatter to refuse to leave somebody’s home, but it is not an offence for them to refuse to leave a person’s place of work. I appreciate that the actions of squatters may cause serious financial hardship in either scenario and am considering whether the law should apply equally to both.

We are examining internally the potential consequences of the available options to ensure that they do not overlap with other areas, such as landlord and tenant matters. The public consultation will give us another opportunity to ensure that our proposals work as we would all wish. The necessity of ensuring that we get it right and of engaging in a proper consultation process means that we will not be able to move as swiftly as I suspect my hon. Friend the Member for Hove would like. We must also identify the appropriate legislative vehicle if legislation is required. No doubt we will hope for right hon. and hon. Friends’ assistance in getting any required legislative changes on to the statute book as soon as is practicable, but that is all for the future and depends on our conclusions.

Each option that I have described could have an impact on the criminal justice system. For example, the police and the Crown Prosecution Service might incur additional costs if asked to enforce new offences. The criminal courts might have to process a greater number of cases, although the impact might be partially offset by a reduction in civil claims. Depending on the penalty imposed for any new offence, there might also be an impact on the prison population. In the current economic climate, we must ensure that such impacts are carefully assessed and shown to be affordable. As I have said, a consultation would assist us in that process. We should be in a position to announce our plans in more detail soon.

Regardless of whatever changes we make to the law in future, we must work closely with enforcement authorities to ensure that existing offences are enforced as effectively as possible. In addition to the offences under the 1977 Act that I mentioned, the police can arrest squatters for offences such as criminal damage, burglary, theft or the unauthorised use of utilities if there is sufficient evidence of guilt. The offences all bear a maximum sentence of imprisonment. The offence of criminal damage has a maximum sentence of three months in less serious cases, rising to 10 years in the most serious cases. Burglary carries a maximum sentence of 14 years for dwellings and 10 years for other properties. For theft, the maximum sentence is seven years, and for the offence of abstracting electricity, the maximum sentence is five years’ imprisonment.

There is another offence that applies to squatters. It is an offence for a squatter to fail to leave a property within 24 hours of being served with an interim possession order and to return to the property as a trespasser within one year of the order. Interim possession orders were introduced in 1995 to make the process of gaining possession of one’s property easier and quicker. They are civil orders, but as I said, they are backed up by a criminal sanction with a maximum penalty of six months’ imprisonment. My officials are in discussions with the police to ascertain whether there are specific difficulties in enforcing those offences and how any potential barriers might be overcome.

We must also ensure that property owners have the information that they need to get squatters out of their properties as quickly and painlessly as possible. That is why we have published new guidance on the Directgov website outlining the circumstances in which squatters should be reported to the police. As my hon. Friend will have seen, the guidance also includes advice on how to apply for a possession order in the civil courts, a process that is alien to many people until they are confronted by the appalling situation of finding their property improperly occupied by squatters.

I thank my hon. Friend for bringing this issue to our attention. This debate is only the latest emanation of concern about it. I have written to many hon. Members from all parties who have raised it with me in correspondence, a series of oral and written parliamentary questions have been asked and hon. Members have sought meetings with me about it, so I am grateful for the opportunity to respond to the debate and to make it clear that the Justice Secretary and I are determined to tackle the issue and to bring relief to the victims of this particularly distressing and pernicious crime.