Unauthorised Encampments Debate

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Unauthorised Encampments

John Baron Excerpts
Thursday 12th October 2017

(6 years, 6 months ago)

Westminster Hall
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John Baron Portrait Mr John Baron (Basildon and Billericay) (Con)
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It is a pleasure to serve under your chairmanship, Mr Davies. I congratulate my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton) on securing this debate and introducing the subject in a very balanced manner.

We would all agree that the vast majority of Gypsies and Travellers are law-abiding. It is not them whom we are discussing with this issue, but the minority who spoil it for the majority. That is important to put on record, because too often these debates are labelled as complaining about the majority of Travellers. In Essex, we have had a very proud tradition of welcoming Gypsies and Travellers over hundreds of years, and that is why we have so many sites in our county. The minority spoil it for the majority, particularly given that the view among that minority seems to be that there is one law for them and another for everybody else. That does not make for good community relations. We have to address this minority persistently and consistently flouting the rules and laws, because it creates tensions among communities. All we ask is that the law be applied equitably and fairly for all. If it cannot be, there is a problem that needs to be addressed. That is what the Minister needs to look at.

This debate is specifically about unauthorised encampments. Most people know that Dale Farm lies within my constituency. While I shall spare Members the full history, there was a long and expensive process even to get to where we are now, which at times sorely tested both my and my-law abiding constituents’ patience.

Given the shortage of time, may I raise a couple of issues with the Minister? I did send my address to him a little in advance. If he cannot answer it now, I would certainly appreciate a written response, but I look forward to his response at the end of the debate if he can. I want to thank my constituents for having written to me about this. I also thank Chief Inspector Sam Smith at Essex police and local councillors for the information they recently provided to me in anticipation of this afternoon’s session. They raised some important issues and, if I may, I will briefly touch on a few of them for the Minister.

There was general agreement that the current provision to close such encampments and compel people to move on is not working well. In particular, there is some concern that police guidelines, as regards the use of section 61 powers, are overly narrow. Unless other factors such as crime, general and antisocial behaviour or criminal damage are present, the police find it difficult to move people on. The legal process through the courts can be slow, cumbersome—it can take as long as a fortnight just to obtain a hearing date—and expensive. May I also raise the issue of sites? The police would make the point that transit sites are needed for short-term stays.

None Portrait Several hon. Members rose—
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Marcus Jones Portrait The Parliamentary Under-Secretary of State for Communities and Local Government (Mr Marcus Jones)
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It is a pleasure, as ever, to serve under your chairmanship, Mr Davies.

I thank my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton) and all other right hon. and hon. Members who have taken part in the debate. On Monday the subject was wider, but today’s debate has been as passionate, if not more at times, than the one in the main Chamber. As I said on Monday, when people talk about illegal encampments, that is not lost on me at all. My constituents, too, have suffered significantly from illegal encampments over many years, but I will not dwell on that because my hon. Friend the Member for North Warwickshire (Craig Tracey), which includes Bedworth, made pertinent points that reflect the challenges in my area.

As hon. Members have stated on a number of occasions today, the Minister for Housing and Planning has signalled our intent to seek an evidence review of the way that existing powers are enforced to understand what more can be done; I hope that reassures the hon. Member for Birmingham, Northfield (Richard Burden) about the challenges. My hon. Friend the Member for South West Bedfordshire (Andrew Selous) mentioned the race disparity audit, and we should look at this debate in the context of that ongoing work. This debate is of great value to both those pieces of work.

My hon. Friend the Member for Aldridge-Brownhills explained in great detail the negative impact that unauthorised encampments have had on her constituency. Other Members have explained that as well. It is absolutely right and proper for them to speak out on behalf of their residents, the people whom they are elected to this place to represent.

The Government are clear—this is categorical—that the law must apply to everyone, and the police must address illegal incidents and give victims support. Local communities deserve to feel safe in their neighbourhoods, and tackling criminal activities, illegal encampments, menacing behaviour and other actions that threaten our society and way of life must be the core business for the police and local agencies.

John Baron Portrait Mr Baron
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Will the Minister give way?

Marcus Jones Portrait Mr Jones
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I will make some progress before giving way, if my hon. Friend does not mind.

The Government want to see those agencies working together to ensure that illegal incursions are dealt with properly, but we cannot sit here and say that the House can be complacent. That is why we will hold the review, which we look forward to progressing as quickly as possible, as I hope Members appreciate. Although the Government are carrying out a review of evidence, that is not an excuse for a local authority, police force or any other agency to sit by and not use the existing law to its full extent. It is important not only to deal with matters within the law, but for those matters to be dealt with so as to uphold and enforce the law.

My hon. Friends the Members for Aldridge-Brownhills and for Basildon and Billericay (Mr Baron) discussed displacement and the cat-and-mouse game of people going from one area to another. I, too, do not think that we can continue to allow that to happen. The West Midlands police and crime commissioner was mentioned today and in the previous debate. Recently he produced a briefing paper, which west midlands MPs have received, outlining proposals to deal with unauthorised encampments. Suggestions include transit sites, helping to unlock police powers and considering the availability of sites across a combined authority area, rather than in an individual district area. We can certainly agree with some of the suggestions and innovations, but we need to ensure that they are proportionate, and balanced against the needs and rights of the settled and the nomadic communities.

As I have said a number of times—I make no excuse for doing so—we must also consider how enforcement can be improved. My hon. Friend the Member for Dudley South (Mike Wood) talked extensively about enforcement and his concern about how any new powers would be enforced, which is a critical point.

Members who spoke in this debate and the earlier one gave lots of examples of the law being broken, and of the perception that the police were unable to prosecute. In any community, there are times when lawbreakers evade the law, but we cannot accept that as the de facto state of play. Authorities such as councils, the police and local Gypsy and Traveller organisations should work together so that wrongdoing is dealt with effectively and punished, and does not tarnish a whole community through the actions of a small minority.

Members have mentioned antisocial behaviour. We should do whatever we can to deal with it and to address illegal behaviours, but we should also bear in mind that the actions of the few should not reflect on a whole community. We must consider that point very carefully when we look at what we do and may do in the future.

Today and on Monday it was suggested that trespass be made a criminal offence. Hon. Members have made strong arguments in favour of that. We have considered it in the past, but at the time it was thought that that would reduce police discretion, while local costs would still be incurred by the police and the criminal justice system. That said, there is no doubt that we will receive a multitude of views and suggestions, including on new models and ways to deal with some of the challenges, and we are open to listening to some of those suggestions.

John Baron Portrait Mr Baron
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rose

Marcus Jones Portrait Mr Jones
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I will take a quick intervention from my hon. Friend, and will then, I hope, sum up the contributions of the remaining Members.

John Baron Portrait Mr Baron
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Briefly, may I urge the Government, as part of the review, to look at those cat-and-mouse games that are played by a minority, who might move no more than 50 or 100 yards, and then the whole legal process has to start again? That is one of the core problems of the police and the local authorities.

Marcus Jones Portrait Mr Jones
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I understand that matter.

I have to give my hon. Friend the Member for Aldridge-Brownhills her right to reply in the debate, but I will first make a special mention of the speeches by my hon. Friends the Members for Moray (Douglas Ross) and for Ayr, Carrick and Cumnock (Bill Grant). These matters are devolved, and my hon. Friends have raised clear issues. They have been listened to by the Scottish National party Front Bencher, the hon. Member for Edinburgh North and Leith (Deidre Brock), although from what was said I am not sure that their concerns are being heard. My hon. Friends will be able to see what happens with the review in England and take it back north of the border.

It has been a pleasure to respond to the debate, although I would have liked to make many more points and mention many more colleagues. The Department is more than willing to receive information and to store it. I look forward to taking the review forward.