Unauthorised Encampments

Gordon Marsden Excerpts

Wednesday 8th September 2010 Westminster Hall

[Mr Gordon Marsden (Blackpool South) (Lab)]

It is a great pleasure to serve under your chairmanship, Mrs Brooke. I congratulate the hon. Member for East Hampshire (Damian Hinds) on a crisp and temperate presentation of the issues that not only he but other hon. Members in the Chamber have encountered. I was particularly interested in his strong focus on the issue of unauthorised occupation—that matter has come across strongly today. Some of the difficulties surrounding that issue are very different from those surrounding the debate about the need for authorised sites, which again has been robust. I shall try to bring out some of those issues in my remarks.

I start by mentioning some of the facts and the chronology of what the previous Government did—or, indeed, attempted to do—regarding some of the matters raised. I understand that some Conservative Members may not be aware of those points. That is not surprising, given that a “year zero” approach seems to have been adopted by the Department for Communities and Local Government website; all reference to what was done in the six months before the election has been removed. However, with your permission, Mrs Brooke, I shall touch on some of the things that were done in that period.

In March 2010, DCLG launched guidance that was sent to police, local authorities and other agencies. That guidance focused particularly on adopting a multi-agency approach to helping communities tackle the problems of antisocial behaviour on Travellers’ sites, including the use of antisocial behaviour orders and acceptable behaviour contracts. I shall return to those important points.

In introducing that document, my right hon. Friend the Member for Southampton, Itchen (Mr Denham), the then Secretary of State, said:

“local councils and the police have strong powers and tools to crack down on anti-social behaviour—and I expect them to be used to the full. This guidance will help ensure that the local agencies understand the powers available to them.”

The Home Secretary at that time, my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson), said—it is important to make this point because various hon. Members have mentioned it—

“The Gypsy and Traveller community is treated no differently than the rest of the community. Perpetrators of crime and antisocial behaviour will be punished and, where appropriate, taken through the criminal courts and jailed.”

From the Opposition’s point of view, I would like to emphasise that that principle, elucidated by the former Home Secretary, stands four-square.

In addition to that, on the question of unauthorised developments, a statutory instrument was laid before Parliament on 9 March 2010, which reduced the period of appeal against refusal of an unauthorised development from six months to 28 days. That reduced the ability for the time frame to be exploited where unauthorised developments are in situ.

That did not come out of the blue; it was based on the findings of the Briscoe report, which was set up in 2007 and revised in 2009. It is worth noting that that was regarded as a priority by DCLG Ministers, which is why it reached the statute book before the wash-up and Dissolution. That was because of the importance of the need to reduce the period of uncertainty for local residents after local authorities refuse a planning application. In addition to those enforcement measures, the previous Government continued to support local councils in their bids to establish authorised Traveller sites, and £32 million was pledged from the Homes and Communities Agency budget as part of the site grant for 2010-11.

I have mentioned the difference between authorised and unauthorised sites. Although I appreciate that in some circumstances there can be significant problems with authorised sites, I believe that the development of authorised sites helps to combat the problem. To be fair, the current Government believe that as well, but the question of where the money will come from is another matter. On that main point, however, there is a consensus between the Opposition and the Government. There is evidence that the creation of authorised sites saves councils significant amounts of money. Once Bristol city council invested in a transit site, for example, having relied on enforcement action before, it reduced its related annual costs from £200,000 to £5,000.

The previous Government also intended to amend the Mobile Homes Act 1983 to give improved security and right of tenure to Gypsies and Travellers on official sites. Unfortunately, as the present Government were kind enough to acknowledge in a statement to the House on 27 July, there was no parliamentary time to debate those statutory instruments before the general election. They do, however, relate to the application of the 1983 Act. The Minister will no doubt remark that the Government intend to make a decision on section 318 in due course, in the context of the wider strategy. There is no difference between the policies of the previous and current Governments.

I now turn to what the current Government have said and done since taking office. In May 2010, as part of the first round of spending cuts, the Homes and Communities Agency ended the Gypsy and Traveller programme grants for the creation of authorised sites. As far as I am aware, the regional spatial strategies have been revoked but not yet formally abolished. Their formal abolition will no doubt be presented later in the year as part of the decentralisation and localism Bill that the Government are promising—or threatening us with. That removed the obligation for local authorities to identify sites that could be used for authorised Travellers. However, nature abhors a vacuum, and I suspect that that will be the case if there is no formula whatever.

On the point about returning to regional spatial strategies, there will be no formula whatever for dealing with what will be a continuing problem. I put it to Members and the Minister that without some form of overarching framework there is a danger that local authorities will pass the parcel and try to shift the onus of provision on to neighbouring authorities, which will be doing likewise.

[Mr Gray]

Why should there be an overarching vision? Surely it should be for local authorities to decide what provision they make for Gypsies and Travellers in their areas. Why should anyone else decide that?

[Mr Marsden]

I would not accuse the hon. Gentleman of nimbyism, but I think that such action is common sense. Indeed, in his eloquent contribution he explained that Travellers move around a lot. Simply playing pass the parcel with those people is no mechanism for dealing with them, and I find the idea that it is rather bemusing.

[Andrew George]

I wish to elaborate on the issue that the hon. Gentleman is addressing. It is clear from many studies that authorised sites are far better for community relations within an area, and for the health and welfare of Travellers, than unauthorised sites. In areas where the Travelling community clearly needs an authorised site, but where the local authority refuses to provide it, how would a Government ensure that that need is met? That is the crux of the problem.

[Mr Marsden]

I thank the hon. Gentleman for his contribution. He is absolutely right; it is for the Government to decide how to deal with that conundrum. My point is that one cannot just assume that the problem will go away, so it needs to be addressed.

In his policy announcement in August, the Secretary of State talked about liberating local authorities from Whitehall control, but he did not offer any clear substance or resources with which councils could act on his guidance. It is all very well talking about improving security of tenure for Travellers on local authority sites, but what local authority sites are likely to exist when funding is cut and obligations are removed? Surely that will lead to a growth in unauthorised sites and the associated costs of enforcement.

The Secretary of State also announced that Traveller sites would be delivered as part of the new homes bonus scheme, but the details of that scheme will be set out in a public consultation later this year. Concerns have already been expressed about how the new homes bonus scheme will operate. I invite the Minister to elucidate further how the funding for Traveller sites might be delivered under the scheme.

A lot of strong rhetoric has been used in relation to planning circulars 01/06 and 04/07. Given the subject, I understand that but the Government have made no concrete announcements on how enforcement powers will be increased. Again, further announcements are to be made in due course. Once again—I am afraid that this has been a characteristic of DCLG Ministers since they took office—rhetoric and talk of abolition has come before any thoughtful addressing of new structures and guidance.

I invite the Minister to say a little more on the matter and on antisocial behaviour and acceptable behaviour contracts. We believe that those remain an important tool for preventing antisocial behaviour on Traveller sites. However, the Government, and the Home Secretary in particular, have talked about their desire to move beyond ASBOs and acceptable behaviour contracts. Would the Minister state what consultations DCLG Ministers will have with the Home Secretary before they spell out some of those changes in chapter and verse in the decentralisation and localism Bill?

[The Parliamentary Under-Secretary of State for Communities and Local Government (Andrew Stunell)]

I congratulate you, Mrs Brooke, on chairing the debate today and my hon. Friend the Member for East Hampshire (Damian Hinds) on his measured introduction to what is undoubtedly a difficult issue for many Members. Eleven other Members have also made speeches and a few more have intervened in the debate, so I hope that they will forgive me if I do not respond to every point that was made.

The Government share the concern that has been expressed today about unauthorised Traveller encampments and developments and their effect on local communities. The record will show some strong stories from across England. The Government want to see fair play and everyone treated equally and even-handedly, whatever community they come from or lifestyle they choose to pursue. We certainly will not allow a small minority of Travellers to set up unauthorised encampments and developments to create resentment and give other Gypsies and Travellers a bad name, worsening community cohesion along the way.

It is worth putting on the record the fact that 80% of Gypsy and Traveller families—those who are on the move and not already in bricks and mortar—are on authorised public or authorised private sites and therefore outside the scope of the complaints and discussions that we have heard today. [Hon. Members: “Hear, hear.”] I am pleased to hear hon. Friends acknowledge that reality. We must be careful not to demonise the community because of some bad behaviour by some bad apples, whether they are Gypsies, Travellers or individuals from any other community.

About 13% of Gypsy and Traveller families are on their own land, but unauthorised sites. About half as many again are trespassing and encamping on land that they do not even own. We want to ensure that we provide stronger enforcement powers for local authorities to tackle such unauthorised sites and encampments. We want to limit the opportunities for retrospective planning applications. I fully share the frustration and anger that has been expressed in the debate about how those applications can be manipulated in such cases.

I am sure that hon. Members who have recently joined the House will find, as their in-trays get fuller, that they get complaints of a similar kind about retrospective planning applications of all sorts, not simply about Gypsies and Travellers. The localism Bill will be taking a completely fresh look at planning legislation and will include specific provisions about that. I hope that hon. Members understand that I am not in a position to spell the provisions out in detail.

We want to incentivise local authorities to provide appropriate sites. The hon. Member for Blackpool South (Mr Marsden), the Labour spokesman, suggested that we were speaking far too often before we had worked out the detail, but then he was pressing me to speak before we had the detail. I assure the hon. Gentleman and the House that the detail is being worked out but, as with so many other things, as a junior Minister I must say, “Await the Chancellor’s statement on 20 October.”

[Mr Marsden]

I do not expect the Minister to have every dot and comma to hand—the devil is indeed in the detail, and he does not want to be tackling the devil until he needs to. However, I gently point out the issue about the regional spatial strategy. The Secretary of State set out his intention in a five-line letter, causing considerable concern—and, in some cases, hilarity—among the planning departments of various local councils as to its legal force.

[Andrew Stunell]

For every sign of distress, I saw 10 signs of joy.

I want to make the point that we are also committed to addressing the discrimination and poor social outcomes experienced by Traveller communities. Some of those issues have been mentioned—schooling, health and the security of their living accommodation. In the longer term, we want to see a plan, policy or strategy that can deliver the Travelling community authorised sites, where they can live in harmony with the settled community and with the access to health and education that everyone else has and is entitled to.

As the hon. Member for East Hampshire said when introducing the debate, some of the figures are dramatically bad—length of life, maternal and child mortality, educational attainment—and ought to fill us with despair and a determination to do something about the situation.

Let me come back to the core of what has been said today. We have already written to local authorities, reminding them to be alert to the particular risks of unauthorised development over bank holidays and to be ready to respond to that. The revocation of regional strategies means that the decision making about housing of all types, including Traveller sites, will come back to local communities. We have announced our intention to revoke circular 01/2006 and to bring local authority Traveller sites into the Mobile Homes Act 1983, which was on the verge of happening before the general election, as the hon. Member for Blackpool South correctly pointed out. We believe that it is right that that should go ahead.

I have been asked to give more detail about the New Homes Bonus scheme, but I must hold back and refer hon. Members, once again, to the statement on 20 October. However, the work is there and everything is ready.

I now turn to exactly what the problem is. Under the previous Government, the number of caravans on unauthorised developments increased from 887 in 1997 to 2,395 in 2010. My hon. Friend the Member for North Wiltshire (Mr Gray) drew attention to that—the problem has not been getting smaller. The problem is not a reducing, residual one, but a continuing and, in some ways, growing one. We will ensure that the planning laws provide fairness between the settled and Travelling communities.