Legal Aid, Sentencing and Punishment of Offenders Bill

Tracey Crouch Excerpts

Tuesday 1st November 2011 Commons Chamber

[Mr Blunt]

The Government are very concerned about the harm that squatters can cause. Residential and non-residential property owners have contacted Ministers repeatedly about the appalling impact that squatting can have on their homes and businesses. These are not media scare stories; they are very real and stressful events for victims whose properties have been occupied.

It is not just a question of the cost, length of time and incredible hassle involved in evicting squatters. Properties can be left in a terrible state after the squatters have been evicted and owners may face hefty cleaning and repair bills. While the property owner is literally left picking up the pieces, the squatters have gone on their merry way. They might even be squatting in somebody else’s property.

The current law already offers some protection to both non-residential and residential property owners. Squatters may be guilty, in certain circumstances, of offences such as criminal damage and burglary. There is also an offence under section 7 of the Criminal Law Act 1977 that protects certain residential property owners. It applies when a trespasser fails to leave residential premises on being required to do so by or on behalf of a “displaced residential occupier” or a “protected intending occupier.” This means that people who have effectively been made homeless by squatters can ask the trespasser to leave, and if the trespasser refuses to leave, they can report an offence to the police.

We do not think the existing legal framework goes far enough to tackle the problems I have just described. The offence under section 7 of the 1977 Act does not protect non-residential property owners or many residential property owners, including landlords, local authorities and second home owners, who cannot be classified as displaced residential occupiers or protected intending occupiers. Following the conclusion of a recent public consultation exercise, we have decided that decisive action is needed now to criminalise squatting in residential buildings. We want to reassure owners and lawful occupiers of residential property that the law will protect them should trespassers occupy their properties. We want to send a clear message to would-be squatters that it is simply not acceptable to occupy someone else’s home.

[Tracey Crouch (Chatham and Aylesford) (Con)]

I am sure the Minister will recall that a year ago tomorrow he met my constituent Steve Cross, a commercial property manager. The Government are clearly concerned about the impact of squatting in commercial property, so it is surprising that the new clause, which I entirely support, does not include greater protections for commercial properties. Will the Minister reassure my constituent that the Government have not forgotten the devastating impact of squatting on commercial property managers, and that they will continue to look at ways of strengthening the law to provide greater protection against squatters in commercial properties?

--- Later in debate ---

[John McDonnell]

I shall move on to that; I understand the hon. Gentleman’s point.

Under section 7 of the Criminal Law Act 1977, it is already an offence for any person on a residential premises not to leave

on being required to do so by or on behalf of…a displaced residential occupier…or…protected intending occupier”.

According to the response to the consultation, the Metropolitan police said that

“the law was broadly in the right place and that the existing array of offences allowed them to tackle the worst cases of squatting (e.g. where squatters cause the rightful homeowner to be displaced).”

The Law Society and the Criminal Bar Association confirmed the same view. The Law Society stated:

“The consultation paper acknowledges that there are no reliable data on the nature and extent of squatting. In the absence of any such evidence, we have no reason to believe that the existing law does not deal adequately with squatting.”

It went on to describe the operation of section 7 and confirmed that no evidence had been produced to demonstrate that it did not work adequately when properly used. Those concerns were confirmed by the Criminal Bar Association.

The Law Society reported that section 7

“is not often used, as squatting happens infrequently, but where it is our members”—

that is, the lawyers concerned—

“report that it is extremely effective.”

These are the responses to the Government’s own consultation.

Everyone in the House has to support evidence-based policy making. From all the evidence and information to hand, including from the Government’s own consultation and impact assessment, we must conclude that there is no evidence of a problem on any significant scale, that there is conjecture that it exists and that in the judgment of practitioners—not just the advocates, but the law enforcers—the existing law is sufficient.

[Tracey Crouch]

Does the hon. Gentleman not consider that one of the flaws with the current legislation is section 6 of the 1977 Act, which allows squatters to claim rights to a property, thereby making it difficult for owners to get rid of them?

[John McDonnell]

I cannot accept that when section 7 enables people to request squatters to leave. If they do not, they are committing a criminal offence, and the law should be enforced by the police under existing legislation.