Police, Crime, Sentencing and Courts Bill

Lord Bourne of Aberystwyth Excerpts

Lords Hansard - Part 1 & Lords Hansard - part one & Report stage
Monday 13th December 2021 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, it is a great pleasure to follow the right reverend Prelate the Bishop of Manchester and to support the noble Baronesses, Lady Lister and Lady Whitaker, on Amendments 57 and 55ZB, to which I am happy to be a signatory along with noble Lords drawn from right across the House.

The noble Baroness, Lady Lister, set out the arguments for Amendment 57 with her usual clarity. At the heart of her remarks is the compelling case for social justice and the upholding of human rights. Suffice it to say that when it comes to inequalities, this group of people—Gypsies, Roma and Travellers—are in a league of their own. That was the conclusion of the March 2019 report of the Women and Equalities Select Committee. I know the Minister has given a great deal of personal attention to this issue; like others, I put on record my gratitude to her. When she comes to reply, I wonder whether she can tell us what account was taken of that report in framing this legislation and what action was taken to develop the cross-departmental strategy it called for.

The noble Baroness, Lady Lister, noted the absence of any detail still. I simply reinforce her message that the Government should publish and allow a debate on the strategy before implementing Part 4, or at least give a clear commitment as to when the strategy will be published. No doubt Covid will be prayed in aid to justify the delay but, even allowing for Covid, more than two years is simply too long. After all, those same constraints did not prevent the department coming forward with this change of law—or, for that matter, this entirely new Act of Parliament.

I will say a few words in support of the noble Baroness, Lady Whitaker, who in her admirable way has pursued this issue over so long and has encouraged so many of us to join the all-party parliamentary group in which she plays such a leading role. She has rightly pointed to the absence of sites—a point made by the noble and learned Lord, Lord Garnier. How we respond to that is surely about whether to criminalise or incentivise local authorities to do something about it.

The greatly missed Lord Avebury promoted the Caravan Sites Act 1968. As a young city councillor in Liverpool in 1973, I, along with others—some of whom are in the Chamber this evening—pressed for the city council to do something about that Act. We pushed for the opening of a permanent site for Travellers. It is situated in Oil Street, in Tara Park. The Act led to many new sites, but its repeal in 1994 disincentivised provision, and there are now some 1,696 households on the waiting list for permanent pitches in England, while the last funding round secured resources for just two transit sites.

The civilised answer is to make provision, not to introduce draconian, criminalising legislation based on some very dubious legal principles, which seem to me to run contrary to human rights obligations and our duties to contest bigotry and prejudice with solutions—points made by the noble Baroness, Lady Bennett. According to the Equality and Human Rights Commission’s barometer of prejudice, 44% of those surveyed expressed hostile and openly negative feelings towards Gypsies, Roma and Travellers. We should beware of doing anything to reinforce such prejudice and the old tropes.

The noble Baroness, Lady Bennett, reminded us of where prejudice can lead. On 2 August each year, the day on which we recall the Roma genocide, I am always struck that on that very day in 1944 the Gypsy family camp at Auschwitz-Birkenau, the German Nazi concentration camps in the then occupied Poland, was liquidated. It is sometimes suggested that, during the Holocaust, half a million Roma and Sinti perished. At the time of the liberation of Auschwitz, just four Roma remained alive.

In our generation, it is down to us to guard against prejudice, which—I know the Minister would agree—can so easily morph into something worse. That is why the noble Baroness, Lady Whitaker, is right to draw attention to the obvious and inevitable violation of human rights that will occur if this clause remains unamended. As the Bill stands, it both criminalises people and deprives them of their rights under Article 8 of the European Convention on Human Rights, which requires respect for their homes—a point the noble Baroness, Lady Brinton, made—and their private and family life, which by law includes respect for their traditional ways of life. As long ago as 2001, the ECHR ruled that there was

“a positive obligation on Contracting States by virtue of Article 8 to facilitate the Gypsy way of life.”

I wonder whether the Minister can tell us how this provision achieves that objective.

Since 1995 the UK has been a signatory to the Framework Convention for the Protection of National Minorities, Article 5 of which says:

“The Parties undertake to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture”.


It is impossible to see how this legislation honours that obligation.

Before Second Reading, the noble Baroness, Lady Whitaker, the noble Lord, Lord Bourne of Aberystwyth, and the right reverend Prelate the Bishop of Manchester, along with myself, published an article in the House magazine pointing out that the way of life lived by the Roma, the Gypsies and the Travellers stretches back half a millennium, long before the enactment of the Enclosure Acts and the agricultural revolution. In this Bill, we intend to overturn the practice of centuries and criminalise trespass and enable the police to seize vehicles, as we have heard, and homes. Imagine the impact on the children of these families as they watch their parents’ possessions sequestrated and their families evicted—and this could be in the very depths of winter.

These amendments point to rank discrimination and are an attack on a way of life. Adequate accommodation for Gypsies and Travellers is a better, more civilised and more humane way to proceed, rather than locking people into endless cycles of criminalisation and evictions. If this amendment is taken to a vote by the noble Baroness, Lady Whitaker, I for one will certainly go into the Division Lobby to support her.

[Lord Bourne of Aberystwyth (Con)]

My Lords, I first of all apologise that I was unable to be here for the Committee on this Bill because of the difficulties of the rail link from Salisbury, which Members will recall. I thank the Minister for making time available to discuss these amendments and this general area. I wish to speak specifically to Amendment 55ZB, which was so well proposed by the noble Baroness, Lady Whitaker, who has done great work in this area, and Amendment 57, where, similarly, the noble Baroness, Lady Lister, proposed it so effectively.

I oppose the provisions on the criminalisation of trespass and Part 4 in general. I do so for several very practical reasons, which I will deal with. First and foremost, it does not deal with the root of the problem: the massive undersupply of sites for Gypsy, Roma and Travellers. I recall this from when I was a Minister; one has only to see around the country the lack of supply of places to know that this is true. I anticipate that the Minister will probably say—because it will be in the brief—that there is a great supply of private places. That is true, but that is a bit like arguing that families on moderate income should be reassured by hotel places in London because there is always a suite available in the Ritz or the Savoy. It does not answer the basic point about the lack of local authority sites. Were they available, this problem would melt away like snow in springtime. That is my first basic point. I do not understand why an attempt has not been made first—before bringing this legislation forward—to deal with that planning aspect and bring legislation forward on that point, as other noble Lords have said.

The second basic point I want to come to is whether this will make any difference. We have heard from many noble Lords that the police are against this provision—they know very well that it will make no difference. People—victims, I would say—will be moved from site A to site B, then from site B to site C and so on, all the way through to site Z and then back again. It is pointless; it is fruitless; it is costly; it is divisive; it is draconian. We should drop it. It does not help the situation, and it will lead to the police being put in a difficult position in relation to legislation that they do not want. I join other Members in saying that there are many local authorities from across the political spectrum that have come forward with proposals. We have heard about Leeds, but it is true also of Fenland, in Cambridgeshire, which has come up with imaginative proposals for dealing with the shortage of sites. Local authorities should be incentivised across the country to deal with this deep-seated problem.

My third reason for opposing this legislation is perhaps at the root of my real objection, and that is that there is something dreadfully un-British about this. It seems to home in on a community that is, in many ways, the lost minority and lost in plain sight. We have heard reference to the committee on equalities, which presented a report, and what it said was reinforced by the race disparity audit, which was a great initiative undertaken by Theresa May and which led to the talk of this strategy. Indeed, there were meetings: taking it forward for education was Nadhim Zahawi, as a junior Minister, and for health, Jackie Doyle-Price; there were representatives from the Home Office, such as, if I am not mistaken, the then Home Secretary, Sajid Javid, and representatives from justice, pensions and so on. All committees were represented in taking this strategy for legislation forward. I wonder what has happened to that.