Legal Aid, Sentencing and Punishment of Offenders Bill

David Ward Excerpts

Tuesday 1st November 2011 Commons Chamber

[Mr Speaker]

Order. Before I call the next speaker, I point out that I think the House would expect the Minister to have five minutes to respond to the debate.

[Mr David Ward (Bradford East) (LD)]

Thank you, Mr Speaker, for the four minutes.

A lot has been said. We have heard about parallel universes; indeed, we come here from different parts of the nation to offer different views. We have heard that the Englishman’s home is his castle. It is awful for people when their home is broken into; it feels desecrated and dirty. Where have the intruders been and what have they been up to? It is an awful feeling and we understand it, but when I heard some of the comments from Government Members I thought about my perspective—my universe.

When we talk about squatters, people think in terms of their own home, but that is a far cry from my experience of squatters. I am talking about people in places where there is no electricity, gas or water. There is no toilet and in some cases there is not even a roof. The properties are cold, damp, dark and very dangerous, with rats, stench and disease. They are also very violent places.

What about the squatters? We are not talking about hippy communes, with bean bags, beer and loud music, or about scroungers who ought to pull their socks up and get a job or go back home. We are talking about people without friends or families, and possibly without futures. In my experience, no one squats if an alternative is available.

That may not be the experience of other people, but it is mine. Debate on the provisions on legal aid and social welfare was shamefully evaded last night, but so many people in squats have suffered as a result of the failure of our system. In many cases, the state has put them into that position, whether the health service or the council; 78% of squatters have been turned away by their local authority. The failure may relate to employment support, or people may have just been downright unlucky.

Where on earth is the value in adding a criminal record to the problems those people face? The proposals are irresponsible. They are costly. At a time when we are being asked to do so many things that are unpleasant and unpopular, but possibly necessary for the deficit reduction plan, these proposals would simply add to the costs that we will all have to face, if not in our communities then in Armley prison. It does not make sense. The proposals do not add up.

The two universes could be brought together through amendment (a), which is a compromise that would improve the enforcement of existing legislation, with the back-up of the six-months provision. I shall support it.

[Mr Blunt]

It is pleasure to follow the hon. Member for Bradford East (Mr Ward), with the undoubted candour that he brought to his remarks. However, I profoundly disagree with him. It is a basic premise that if one takes someone else’s home, one has stolen from them one of the most important things for any of us. I am afraid we are going to part company on that principle, and as he will have heard in my opening remarks, the issue of homelessness has to be addressed in that strategy.

I thank the official Opposition for their support, presented with his usual enthusiasm by the hon. Member for Hammersmith (Mr Slaughter). There was a moment when the charming side of the hon. Gentleman almost escaped—his rather touching revelation about his aptitude for politics when assessed by an external examiner at A-level. For that at least, I am grateful. However, to challenge us about talking business out, when he made a three-hour speech on the first group in Committee, would have come better from someone else.

The hon. Gentleman made an accusation that there was no clarity. There is absolute clarity in what we are doing. To try and escape into the issue of when a bothy is not a bothy, which will not be entirely clear to hikers, was the refuge of the desperate. When people are hiking they are clear where bothies are, and if they are not, they should not be undertaking the hike.

The hon. Gentleman asked about the benefits of the measure and the impact assessment. The impact assessment is clear. It has to identify benefits and potential risks. The benefits section of the impact assessment makes it clear that there could be significant benefits for residential property owners in the form of reduced legal costs in particular. Perhaps that puts into context the lobby by the legal profession. The impact assessment also suggests that if the offence acts as a deterrent, the instances of squatting may decrease.

I am grateful to my hon. Friend the Member for Hove (Mike Weatherley) for his excellent speech and the impressive campaign that he has waged on the issue. He made the point that we owe a duty to the homeless, a view shared by all on the Government Benches. His pertinent challenge to find any case where squatters have improved a property by virtue of their occupation was extremely telling.

In my opening remarks I tried to answer the terms of the amendment tabled by the hon. Member for Hayes and Harlington (John McDonnell), who asked us not to legislate on the basis of anecdote or prejudice. I say to him and to the hon. Member for Vauxhall (Kate Hoey) that the issue is hardly a surprise. It has been around for a very long time. The Prime Minister announced the consultation back in June. We have consulted for 12 weeks, and what we have tabled is a limited proposal. Those on the Opposition Front Bench feel able to support it because it is limited to residential properties.

As I said, we will keep the other areas under review, particularly commercial property. We recognise that that will be more controversial. That is why the proposals are limited to subjects on which we believe there is widespread agreement. In the words of the hon. Member for Hammersmith, those on the Front Bench support criminalisation as it represents arrogant behaviour on the part of squatters, who think they can just take someone else’s property.

The hon. Member for Hayes and Harlington said that only seven victims of squatting responded to the consultation, but a number of local authorities responded and a number of law firms responded on behalf of several of their clients who had been victims of squatting. My hon. Friend the Member for Bury North (Mr Nuttall) made the same point and I am delighted to find myself in absolute agreement with him. Four landlords associations representing a very large membership responded to the consultation and they all shared a desire to strengthen the law.

My hon. Friend the Member for Finchley and Golders Green (Mike Freer) made a powerful case. He made the basic point that what we are addressing here is something that is fundamentally wrong. It is wrong to steal someone else’s home and that is what the new clause will address—