Unauthorised Encampments

Debate between Lord Spellar and Wendy Morton

Thursday 12th October 2017 Westminster Hall

[Wendy Morton]

My hon. Friend makes a helpful intervention. It is often the waste left behind that creates the tension within our communities. On one occasion, I was due to meet a constituent at a site in my constituency from where an encampment had recently been moved on, to see the state it had been left in. Shortly before I left my office, the constituent called and advised me to bring a pair of wellies. When I arrived at the site, I sadly realised why I needed them: because of the state the site was left in. It is not uncommon for human excrement to be left on those sites. For members of the council’s “Clean & Green” team to have to go and clean up these sites is really not fair, not acceptable and certainly not what the council tax payers of Walsall borough pay their council taxes for.

Recently, after Travellers moved on from an encampment at Aldridge airport, there were, in addition to the waste we have sadly come to expect, four empty boxes that had contained TVs and even a car. Sadly, that was again left for the council to clean up. Surely the cost burden of cleaning up that mess should not fall to my local residents. Some councils are now successfully prosecuting fly-tippers, so is it not time to start prosecuting and fining Travellers for the mess that they leave in their wake? As well as the costs that come with repairing the destruction of public land and the clean-up of waste, there are wider societal costs.

[John Spellar (Warley) (Lab)]

The hon. Lady mentioned Travellers on green sites, a cause of considerable distress to residents, but such groups quite often also set up on industrial estates. They disrupt the businesses and very often there is, coincidentally, a significant peak in crime, so those industrial estates get hit both ways.

[Wendy Morton]

The right hon. Gentleman is absolutely right. It is remiss of me to have concentrated on green and open spaces, when we have seen encampments on car parks as well, and at one of our local supermarkets. When I talk about the impact on local communities, I mean communities in a very broad sense.

There is much anecdotal evidence, as any of the constituents who have contacted me will attest, that with an unauthorised encampment comes a rise in antisocial behaviour and crime. Local pubs have had to close due to unruly behaviour. I have heard stories of local shopkeepers who have spent a weekend fending off fake notes, because even accepting one fake £50 note can wipe off a small shop’s profits for the day. Many residents have contacted me after their homes, cars and gardens have been vandalised and damaged.

On the August bank holiday weekend, one of my local football clubs, Walsall Wood, which is run by local community volunteers for children and young people in our community, fell victim to an illegal encampment. The 50 or so caravans arrived on Thursday evening. Local residents, staff and members of the club all contacted me. Understandably, they were concerned about the impact that it would have on the club, which had a series of games planned for that weekend. Due to a previously obtained injunction, the council was able to move that particular group on that Friday evening, but some games had already had to be cancelled that day. I think that some were cancelled on Saturday too, but most were able to go ahead. Unfortunately, however, the pattern continued, and that group of travellers simply moved down the road to Aldridge airport, where the height restriction barrier had been left open. They set up camp there over the bank holiday weekend.

--- Later in debate ---

[Wendy Morton]

I am grateful to my right hon. Friend for his intervention; I know that he speaks from experience in his own constituency. We really need to look at this area of legislation. We need to look at the problems that we are facing in the communities and a little further up the line at some of the root causes. That is an excellent example and hopefully something that the Minister will take on board, as, to be fair, he did on Monday.

In February this year, the West Midlands police and crime commissioner held a summit on unauthorised encampments in recognition of the fact that we have quite a challenging situation across the west midlands. There were several outcomes from that summit, two of which involved working with local MPs to change legislation—I am conscious that there are colleagues from across the west midlands here today—and specifically section 62 and the notion of better protecting private business. It was a little disappointing that I did not hear from the police and crime commissioner regarding those proposals until I spoke to his office last month to ask for those outcomes, but perhaps these debates and my phone call prompted some action. At least we have some proposals, ideas and suggestions; they have to be welcomed as ones that the Minister and his team could consider.

Currently, section 62 can be used to direct Travellers to leave an unauthorised encampment only if there is a suitable pitch for the caravan, or each of the caravans, on a relevant caravan site that is situated within a local authority’s area. Clearly, for an encampment of more than 50 caravans, that is quite a challenge even for the police to handle, so we need to find a better way of addressing that. One suggestion is to change the law to enable local authorities to work with neighbouring authorities or with a wider combined authority so that Travellers can be directed to sites across local area boundaries. I urge the Minister to consider that, particularly in the west midlands, because Aldridge-Brownhills is part of the Walsall borough, which is geographically quite compact. It is not a huge borough. We are, in turn, part of the West Midlands combined authority. Again, I urge the Minister to look at whether there is some scope to make change there. I am aware that Sandwell Council has recently opened a transit site and Birmingham City Council is preparing a site, so perhaps consideration could be given to those as well.

[John Spellar]

As a Member of Parliament representing part of Sandwell, I draw attention to the fact that the number of illegal encampments has about halved as a result of the new site. Equally significantly, those that are set up are moved on quickly by the police. Might it not be an idea simply to change the law to cover a police authority area? That would simplify this for the police and they could therefore direct the Travellers to an encampment within their police area.

[Wendy Morton]

That is another sensible solution, which I hope the Minister takes on board. I know that lots of other Members want to speak, so I will press on and take fewer interventions to make some progress.

The wording of section 61 makes it clear that a senior police officer can direct Travellers to leave land if they believe that two or more people are trespassing with the purpose of residing there for any period. Reasonable steps to ask them to leave must have been taken, and one of the following must apply: any of the persons present must have caused damage to the land or property on the land or used threatening, abusive or insulting words or behaviour towards the owner of the land or his family or agents, or those persons must have between them six or more vehicles on the land. That is another good example of where the police can and should be using the existing powers.

We have touched already on the Irish Government’s answer. Without going over everything again, I urge Ministers to look at that seriously. However, as I said on Monday, we need to find long-term solutions, but my constituents are also looking for short-term protections.

Many members of the travelling community clearly understand the law surrounding the eviction process. We have seen that all too often in Aldridge, particularly with regard to locks missing from gates and sites being left open. That prompts the question: does the council’s left hand know what its right hand is doing? Could local authorities work more closely with other authorities to tackle this problem? There are also questions about how to secure sites so that members of the public can use them for the reasons for which they were originally intended, while stopping Traveller encampments springing up on them. Aldridge airport is a very good example of that.

On some sites where injunctions have been obtained, some protections have been put in place, but a Walsall Council report from January 2016 showed that further plans to protect 14 sites across the borough would cost just over £68,000. The report concluded that there is currently no budget for implementing those measures, yet the council has had to spend more than double that figure so far this year in evicting Travellers from some of the sites that perhaps could have been protected under the measures. I do sometimes wonder about the logic.

On injunctions, I want to mention at this point some of the work that Walsall Council has done. It gained a borough-wide order, based on the Anti-social Behaviour, Crime and Policing Act 2014, against persons both named and unnamed. In addition, it managed to obtain an order restraining the named defendants and persons unknown from trespassing on 12 sites in the borough. I praise Walsall Council. It has taken some steps, and some of my local residents now have sites that are secure but that they can still access. Sometimes there are calls for a borough-wide injunction, but I am not necessarily convinced that that is the answer. It does not really solve the problem; it simply moves it to another borough. The costs and difficulty of obtaining such an injunction would be massive and, again, would fall to council tax payers. Also, I fear that sweeping powers such as that can easily be abused. Negotiated stopping is another often cited solution, but again that is not ideal, either in the short or the long term.

I will move on swiftly and draw my comments to a close, Mr Davies. I would like to say much more, and perhaps the Minister will let me have a meeting with him in the future, but for now I will conclude. Unauthorised encampments are the single biggest issue in my postbag and email inbox. The issue causes anger and frustration in my constituency and, clearly, across the country. I welcome the Minister’s commitment on Monday to a call for evidence, because it is not good enough for public bodies just to gold-plate human rights and equalities legislation. It is time for us all to come together and for the police and the council to work much more closely together, using the powers available to them, to prevent these encampments from appearing in the first place and to speed up the eviction process. It is for the Government to look, through consultation, at the effectiveness or otherwise of the existing laws. No single community should be above the law. We need to recognise that with rights must come responsibilities, and with responsibilities will come respect.