Unauthorised Encampments

Debate between Gavin Williamson and James Gray

Wednesday 8th September 2010 Westminster Hall

[Mr Gray]

My hon. Friend makes a similar point to my hon. Friend the Member for Folkestone and Hythe. Both my hon. Friends are quite right, although their point is not absolutely central to the topic of today’s debate, which is the illegal occupation of land owned by Gypsies, Travellers and others.

As I said, the pattern we see is a similar one, and many people have described it in the debate. People move on to land, often on a bank holiday weekend. Before anybody knows what is happening, hard standing has gone down, toilet blocks have been erected and gardens have been put in. Often, little bungalows—we are not talking about caravans—are established in a very short time, as I have seen in Minety in my constituency. I have eight or 10 illegal Gypsy encampments in my constituency, including at Calcutt park, near Cricklade, and various other places. In a short time, something that looks for all the world like a village has been established. There are wheelie bins at the end of the drive, electricity has been laid on and these people have established something that no one else would be allowed to establish.

I will not bore hon. Members by repeating what a number of my hon. Friends have eloquently described. However, I want to address the reason why such developments are allowed to occur. My hon. Friend the Member for South Derbyshire (Heather Wheeler) referred to the way in which the noble Lord Prescott—what a noble Lord he is—introduced planning circular 01/06. Hon. Members will recall that the circular told planning inspectors that where local authorities are not able to demonstrate that there is adequate provision for Gypsies and Travellers elsewhere in their area, there should be a presumption in favour of illegal Gypsy and Traveller encampments. That has meant—I have had several such cases in my constituency—that where the planning inspector sits on an appeal, the law requires him to say that unless the local authority can demonstrate that there is adequate provision elsewhere, he must give the Gypsies and Travellers permission for their illegal encampment. I do not blame the inspectors; they have no other option but to do that, because that is what the single planning note requires them to do.

Leaving aside the two-tier planning system that such an arrangement implies—I will come back to that in a second—there are several specific problems associated with the circular. First, it does not stipulate who Gypsies and Travellers are. No distinction is made under law between hippies, new age travellers, people who are homeless, traditional Romanies, of whom there are many in my constituency, Irish Travellers, Roma and people coming in from France. Indeed, the French Government recently expelled a large number of Roma, and there is nothing to prevent them from coming here and declaring themselves to be Gypsies or Travellers. There is therefore no definition in the law to distinguish between those people.

As another speaker mentioned a moment ago, when the Gypsy and Traveller assessments were made under the regional spatial strategy—I am glad that that document is now defunct—local authorities were required to assess how many Travellers there were in their area and what provision there was for them. However, there is no way of doing that. By definition, these people are Travellers. Are we talking about the Travellers resident in the county of Wiltshire, the south-west of England, the west of England, Wessex, England or what? There is no scientific way of assessing who these people are, because, by definition, they do not live in one place. A very large number of the Travellers in my constituency come from Ireland. Others come from the continent of Europe.

Incidentally, one interesting side issue is that the Irish and the Romanies will not live on the same site. The site at Thingley junction in my constituency has vacancies, but it is occupied by Irish Travellers. The Romanies, perfectly reasonably, say that they do not want to go there, because the two groups do not like each other. I am just not certain, however, that society has a duty to provide for people who do not happen to like each other. If somebody came to my constituency surgery and said, “I want a council house, but I’m not going to live in that council estate full of Irish people, because I don’t want to live with the Irish,” I would say, “I’m extremely sorry about that madam, but you’re jolly well going to have to put up with it.” The same applies in this case.

As I said, we do not know who these people are. By definition, they are Travellers. The Traveller population in the United Kingdom has been increasing exponentially over the past 30 or 40 years, and I will come back to that in one second. Asking a local authority whether it has enough provision for these people is an impossible question to answer. It cannot, by definition, say, “Yes, we do.”

[Gavin Williamson]

I am not sure whether my hon. Friend has witnessed a similar situation in Wiltshire, but a number of Gypsies and Travellers in South Staffordshire have successfully applied for planning permission and obtained established sites. I then notice in the local newspaper that those sites are being commercially marketed to people who are not Gypsies and Travellers. People are exploiting the law for personal profit.

[Mr Gray]

I noticed that episode when it was recently mentioned in the newspapers, but that has not been my experience. All the illegally occupied sites in my constituency, and I think throughout the west country, have gone on to be fully occupied by Gypsies and Travellers. I have not seen any being sold on, although I suppose there is no reason why they should not be. However, I have my doubts about whether a local authority would give planning permission to a settled person to take over a Gypsy encampment afterwards. I certainly recommend that it should not.

The numbers are extremely interesting. When I was special adviser to the then Secretary of State for the Environment we had the great joy of repealing the legislation that required local authorities to make provision for Gypsies and Travellers in their counties. We did so because when the Labour Government passed the provisions there were, from memory, 3,500 illegally parked caravans in England. In 1996, by the time we had repealed them, there were 6,000 illegally parked caravans, so the illegals had more or less doubled. That was in addition to the 7,000 pitches that local authorities had by then provided. Those authorities had provided twice as many pitches as they were required to under the Act, and a further 6,000 were illegally parked. That total of 13,000 caravans in England has now become 18,355, according to a recent survey. The number went from 3,500 to 18,500 in as many years.