Gypsies and Travellers and Local Communities Debate

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Gypsies and Travellers and Local Communities

Pat McFadden Excerpts
Monday 9th October 2017

(7 years, 2 months ago)

Commons Chamber
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Lord Sharma Portrait Alok Sharma
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If my hon. Friend is patient, I will come on to precisely those points.

Pat McFadden Portrait Mr Pat McFadden (Wolverhampton South East) (Lab)
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The Minister has been patient with interventions. I will keep this brief, because I hope to catch your eye later, Madam Deputy Speaker. Is the Minister’s position on the law that what he has read out is good enough? I would counsel him against reaching that conclusion. The point is that the law is not good enough. It is too slow and too expensive, and the people who pay the cost are our constituents. We need legal change to make the removal of illegal encampments faster and cheaper.

Lord Sharma Portrait Alok Sharma
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The right hon. Gentleman makes the case eloquently.

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Pat McFadden Portrait Mr Pat McFadden (Wolverhampton South East) (Lab)
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I want to make a few points about illegal Traveller encampments and the impact they have on constituencies such as mine.

I should say at the outset that I do not accuse the whole Traveller community of taking part in illegal encampments or in pitching caravans where they should not; I am sure that many do not do that and are frustrated with the reputational damage done when it happens. But that does happen, and it causes significant anger and frustration in the community when it does. In my constituency, illegal encampments are regularly set up on common land, waste ground, car parks and even public parks. The Travellers move on to a site. If they do not move when requested, the council can apply for a court order, which typically takes one to two weeks and also, of course, incurs legal costs for the local authority. When the Travellers eventually move on, there are usually significant clean-up costs.

Wolverhampton City Council tells me that it has to go through this process 10 to 20 times a year. Adding legal costs and clean-up costs together, it says that it typically costs £10,000 to £15,000 a time to deal with an illegal encampment—that is 10 to 20 times a year in just one local authority. There was recently an illegal encampment in land off Prouds Lane in Bilston in my constituency. In May this year, the small fence protecting the land was driven through for the caravans to get on; there were upwards of a dozen caravans there. Residents were understandably angry at this trespass on to the land. The council applied for the court order. When the Travellers eventually went after about 10 days, they left huge piles of rubbish around the site. The council moved very quickly to clear the rubbish, and I commend it for its swift and effective action. Although the council moved as quickly and effectively as it could, afterwards my constituents asked questions about the legal costs involved and why local council tax payers should have to pay them.

Kemi Badenoch Portrait Mrs Kemi Badenoch (Saffron Walden) (Con)
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Does the right hon. Gentleman agree that the costs are for not only local councils but many private residents and landowners, who have to spend their own money to clean up and deal with the issue of illegal encampments? One of my constituents has written to me about spending £3,000 a week on the problem.

Pat McFadden Portrait Mr McFadden
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The hon. Lady makes a good point: the costs are often private as well as public.

My constituents also asked about the costs of the clean-up and, again, why local council tax payers should have to pay them. They asked what could be done to secure the site from a repeat of the experience and who would pay for that.

When the Travellers eventually moved from Prouds Lane, they went to East Park—I mean right in the middle of the public park in the East Park area. My constituents watched their public asset being abused by an illegal encampment. That pattern repeats itself over and again in many parts of the black country and, as we have heard, many other parts of the country, too. As we speak, another illegal encampment has been set up on the Bilston Urban Village site in my constituency. The council is wearily going through the same legal process of trying to get it removed.

Given the repeated pattern of what is happening, it is clear that the current system is not working properly: it is too cumbersome, it takes too long and it is too costly. I would like the Minister to consider two questions. I welcome the consultation, but it cannot just be about current powers. First, will it address what legal changes can be made to give councils and the police the power to move these encampments much more quickly than at present?

Secondly, what more can be done to ensure that those responsible for the clean-up bill actually pay it, rather than it being left to local residents to pay? We should remember that the costs involved are not only the legal and clean-up costs, but the ongoing costs—for example, of taking preventive measures such as the installation of bollards and fences all around the black country. Local residents will argue, with some justification, that if they parked their car in the wrong place, they would be fined, and that if they did not pay the fine, it would escalate along with the legal process. Yet that does not seem to happen in these cases.

The law dealing with these matters is not fit for purpose. It takes too long and imposes costs on the law abiding public, not those who have broken the law. There appears to be little or no disincentive to setting up illegal encampments. Those who do so know that there will be a delay before the council gets its court order and they are rarely forced to pay for the costs arising from their dumped rubbish. The law gives them no incentive to stop the behaviour.

Allowing the situation to continue is resulting in costs piling up for local authorities and local taxpayers. It also corrodes public trust in law enforcement. Most importantly, it is not working because the pattern of illegal encampments is continuing. Although we do not have a vote on a substantive motion tonight, I hope the Minister does not just listen and forget what has been said. I hope the Government will come forward soon with proposals to strengthen the law to make enforcement faster and easier for councils and the police.