Illegal Encampments (East of England)

Roberta Blackman-Woods Excerpts

Wednesday 26th November 2014 Westminster Hall

[Roberta Blackman-Woods (City of Durham) (Lab)]

It is a pleasure to serve under your chairmanship again, Mr Chope. I congratulate the hon. Member for Harlow (Robert Halfon) on securing the debate and on approaching this difficult issue in such a measured way. Other Members did that as well: the hon. Member for Thurrock (Jackie Doyle-Price) made a powerful case on behalf of her constituents about criminal activity around illegal encampments being adequately addressed, as did the hon. Member for Peterborough (Mr Jackson). I am interested in what he said about the fact that transit sites do not appear to be working. I want to hear more about that.

The right hon. Member for Saffron Walden (Sir Alan Haselhurst) got to the nub of some of the problem in identifying areas where we might want to improve planning for site provision, but I congratulate him mostly for raising cricket, because I am sure that we all support that. I hope that he will persuade the Minister to introduce a statutory instrument to ensure that cricket is protected in all circumstances, because we all want that.

My contention is that we will continue to have problems with illegal encampments unless we properly plan for the needs of the Traveller community, which includes provision of short-term plots. If we do not do that, all the problems of antisocial behaviour that have been so eloquently rehearsed this afternoon will continue to increase.

I agree with the hon. Members for Harlow and for Thurrock in their valid criticisms of their police and crime commissioner. Indeed, I recommend that they should probably get rid of their police and crime commissioner, just as we should get rid of them all. This is a serious issue and we need a much better system of public accountability for the police.

When we last debated this issue in February, I asked a number of questions about the Government’s approach to planning policy as it affects Gypsies and Travellers. The Minister might want so say more about how policing will be addressed, but I am really concerned that the Government’s approach to planning for Traveller sites, as exemplified in their consultation paper, might make things worse. Some things seem quite sensible. We all think that it is sensible to try to put in place stronger policies that prevent Traveller sites from emerging in sites of special scientific interest or areas of outstanding natural beauty. Generally, however, the approach seems to involve doing what is necessary to prevent enough Traveller sites from being brought forward, and I am really concerned about that.

The Minister will know that the most controversial of the new proposals is to amend the definition of a Traveller for planning-related purposes, to specifically exclude those who no longer

“have a mobile or transitory lifestyle”.

That is problematic, because many people in the Traveller community have settled or wish to settle and their needs should be taken into account. However, there are also people in the Traveller community who are no longer mobile, because they are frail and elderly, and it would be terrible if their needs were not taken into consideration in assessing the number of sites that might be needed in a particular area. I am keen to hear what the Minister has to say about that issue. It is unfortunate that the Government seem to be interpreting identity for the Traveller community, when that is clearly something that the Traveller community needs to do itself.

It is hard to see where the Government are going with ensuring that enough sites are brought forward, so I hope the Minister will think carefully about the consequences of his proposals. I want to know what he will do to ensure that proper policies are in place, particularly those of local authorities.

I met representatives of the Traveller community recently and they pointed out that there is already an acute shortage of sites. In fact, that shortage was highlighted as long ago as 2010, when it was said that it would take about 27 years to meet the five-year pitch requirements, based on local authorities’ progress at that time, and things have got worse in recent years.

This shortage leads to a situation where as many as 20% of Gypsies and Travellers living in caravans are legally classified as homeless. We know about the impact of homelessness on people, especially children, in their health, educational attainment and general well-being, but it seems that punitive measures are making it more difficult for Travellers to get authorisation for their sites and that harsher punishments are being introduced.

I will stop for a moment to tell Government Members that I know that they all think that I am putting the needs of the Traveller community before those of the settled community. I am not doing that, but my concern is that if we do not try to achieve a better balance between the needs of the two communities and if we do not involve the settled community in meaningful discussions about where Traveller sites should be located and for how long—whether they should be short-term or longer-term—the problems will not go away. They might go from Peterborough into the next constituency, but all that would do is shunt the problems around, and as policy makers, we must ensure that we are not doing that.

[Jackie Doyle-Price]

I agree with the point that the hon. Lady is making, but should local authorities not only enforce against unauthorised sites but become more involved with the Traveller community to identify where tolerated sights might be able to emerge, because the situation at the site in Buckles lane in my constituency —after 14 years with no proper authorisation—just is not on?

[Roberta Blackman-Woods]

The hon. Lady is making a valid point. I was just about to come on to local authorities. I want to ask the Minister what he is doing to ensure that they work collaboratively and that all the relevant local stakeholders are involved in developing effective strategies; we cannot have strategies that just sit in a document somewhere in the town or county hall.

I need to hear from the Minister what he will do to ensure that local authorities make adequate provision for Travellers, that such provision is adequately policed and reviewed and that the services and infrastructure to support those sites are in place. I also need to hear what funding mechanisms he will use to ensure that we have sites that work properly and achieve a reasonable balance between the needs of the resident community and the Traveller community, while respecting both cultures.

--- Later in debate ---

[Brandon Lewis]

My hon. Friend makes a strong point. We will feed through some issues he and other hon. Friends have raised to colleagues in the Home Office and the Ministry of Justice.

I shall touch briefly on what we have done to ensure that planning for site provision works more effectively and, importantly, as hon. Members have rightly said, fairly. We removed the top-down regional strategies and plans that caused so much resentment. Our planning policy for Traveller sites puts the provision of sites into the hands of local councils. They have to consult local communities as well as ensure they are protecting the green-belt land and our great countryside.

Local authorities have to identify a suitable five-year supply of Traveller sites to meet their objectively assessed needs in line with national planning policy, so it is very much in their hands. I know the hon. Member for City of Durham did not realise this—I am sure she will read the national planning policy framework soon—but it is in the hands of local authorities, as part of working out what their needs are, to assess what is right and appropriate for them locally.

[Roberta Blackman-Woods]

Will the Minister give way?

[Brandon Lewis]

No, I am just going to finish this point.

We are supporting this process with site provision, funding and financial incentives. We set aside £60 million Traveller pitch funding—the programme is looking to deliver 625 new and 369 refurbished pitches by 2015. There will also be funding for new Traveller pitches through the 2015 to 2018 affordable homes programme. Perhaps Harlow council will do the right thing and look again at that—it claimed it had done so, but clearly had not.

We have become somewhat concerned about the right balance being struck between the need to increase site provision, the interests of the settled community and the protection of the green belt and other sensitive areas. We are considering responses to our consultation, which closed on 23 November. The hon. Lady asked about that. I am sure she will appreciate that we are considering those responses.

The proposals aim to ensure fairness in the planning system while strengthening protections for the green belt and the countryside, and to address the negative effects of unauthorised occupation of land. That is why we propose that Travellers who have settled and permanently stopped travelling should be treated in the same way as any other member of the permanently settled community. Those with genuinely nomadic lifestyles should continue to be treated as Travellers in planning law. That will help to ensure that local authorities, in planning their authorised site provision, are meeting the needs of those who lead a nomadic lifestyle.

We also propose to make it clear in planning policy that intentional unauthorised occupation should be a material consideration that weighs against the granting of any permissions. All applicants should apply through a proper planning process before occupying land, as any other person should do.

Finally, the Government believe it is unfair that a small number of authorities have to plan to meet the site needs of people who ignore planning rules and occupy large unauthorised sites. That discourages councils from taking early enforcement action. Under our proposals, there would be no assumption that local authorities that face that problem, and that are subject to planning constraints in their area, would have to plan to meet their site needs in full.

Unauthorised encampments are a serious local issue, and there are strong powers available to councils and the police to deal with them. Where those powers are used swiftly, we believe they are sufficient, but we are open to representations about how enforcement could be improved. Police and crime commissioners, who are themselves democratically accountable, are in place to hold chief constables to account for their policing decisions. I want the police and police and crime commissioners, and district and county councils, working together to take on and deal with the problem of unauthorised encampments, and to make use of the powers they have.

[Roberta Blackman-Woods]

I assure the Minister that the Opposition understand that it is the responsibility of local authorities to bring sites forward. However, perhaps he will say what his Government are doing to support local authorities in delivering enough sites, particularly to make up the backlog.

[Brandon Lewis]

If the hon. Lady reads Hansard, she will see that a few moments ago, I outlined the £60 million-odd we have put in for the extra Traveller encampments. I just wish that Labour-run Harlow had taken advantage of that and made a bid for it, as it told us it had—in fact, it had not done so.

It is important that those organisations work together, but I am worried that the community in Harlow has not benefited from it. I will seek urgent discussions with my ministerial colleagues to consider what more we can do. I look forward to working with colleagues who have spoken about how we ensure that our policy delivers, not just for the people of Harlow and the east of England, but right across our country.