Unauthorised Encampments

Yvonne Fovargue Excerpts

Thursday 12th October 2017 Westminster Hall

[Yvonne Fovargue]

I congratulate the hon. Member for Aldridge-Brownhills (Wendy Morton) on securing this debate. Like hon. Members and colleagues from across the House, let me state that the people we are discussing are part of our communities; they are not separate. They are constituents and fellow citizens, and, like other sections of the communities we represent, they are not homogeneous. About half of the Gypsy, Roma and Traveller community live in permanent housing. Other members of the community live on authorised caravan sites or private camp sites with permission for long-term stay. As my hon. Friend the Member for Rochdale (Tony Lloyd) reminded the House on Monday, many members of the Gypsy, Roma and Traveller community have made a big contribution.

However, as with other sections of society—as the hon. Member for Totnes (Dr Wollaston) said—an unrepresentative minority is responsible for the issues we are discussing, and that cannot be tolerated. That is not discrimination. As an eminent judge said, everybody has the right to behave within the law. As with any section of society that acts outside the law, we have to act against those whose behaviour is unacceptable, but we need to get the balance right.

It is important to stress that we are discussing unauthorised encampments, with which there are a number of problems. They can lead to a deterioration in the relationship between those on authorised sites and local communities, who often do not differentiate between authorised and unauthorised sites. I have had positive experiences with authorised sites in two neighbouring authorities, where the settled community and the Gypsy and Traveller community came together to discuss the issues, and saw themselves as a part of a wider local community. The citizens advice bureau that I manage went in to provide advice services in that community.

However, it has not been as positive with unauthorised encampments. In one case in my constituency, the land is owned by the Travellers, but they are flouting the planning laws, despite there being vacancies on a designated transit site in the borough. Although planning permission has been refused, the site has been occupied, and an appeal is pending. The case has been with the Planning Inspectorate since last December, and an officer has not been assigned because it is “not a priority”. Well, it is a priority.

During that time, the relationship with the local community has completely broken down. Roads have been illegally coned off for pony and trap races, and innumerable horses have been left in public areas and near children’s play areas—on one occasion, one was tethered to a roundabout. Loose horses have been roaming across the streets, and one was recently killed by a lorry. Equine bailiffs have been brought in from another authority, fencing has been improved and the police have been involved—all at cost to local residents through their council tax. The length of time that appeals take is unacceptable. Will the Minister consider speeding up the appeals process and giving more resources to the inspectorate, so that these issues can be dealt with on a sustainable and long-term basis, which may lead to a reduction in the tensions?

There are processes for removal in other cases, but they are not always effective. In another case near my constituency, the caravan was moved 100 yards down the road into another field—again, despite there being vacancies on a transit site. Like my hon. Friend the Member for Birmingham, Northfield (Richard Burden), I am pleased that the Minister has committed to consulting on the effectiveness of current laws and planning regulations, but I urge him to produce the report urgently, and to ensure that the process is speedy and less costly to hard-pressed local councils.

We also need to discuss the disparity between private and public land. The powers should be aligned. The additional requirements placed on local authorities that wish to remove encampments lead to lengthy delays and extra expense. If we align the powers, action could be taken on incursions in play areas, schools, hospitals—indeed, any green area that is in the public realm and should be for the benefit of all. However, if there is to be swift action, there must be a duty on local authorities to look at the transient sites; otherwise, people will simply move from one illegal encampment to another, because there is nowhere else to go.

I agree with my hon. Friend the Member for Birmingham, Northfield, and others who said that local authorities could pool their sites and make them available to travelling communities across borough boundaries, and perhaps even outside police areas. My constituency borders Merseyside and west Lancashire, and it may be that one of those areas can better provide for the Travellers’ needs. That would certainly help to make sections 61 and 62 of the Criminal Justice and Public Order Act 1994 more effective. Under those sections, the police are able to clear unauthorised sites only if there is a suitable authorised site to move the Travellers to. If there is not one, the police’s hands are effectively tied.

We need to ensure that police forces have the power they need to act on behalf of the whole community, but the recent cuts to police funding have not helped the situation. The police can prioritise actions only on the principles of threat, risk and harm, and unauthorised encampments do not have a high priority under those criteria. We need to increase police budgets and powers in tandem.

I am not suggesting that Travellers be deliberately moved away from their communities. It is vital that the moves be made sensitively, and that the Travellers’ views be taken into account. It is also important that we incorporate such groups into the wider community—community relations are not helped by maintaining unauthorised sites—but that will, of course, require expenditure: money that hard-pressed councils do not have. If the Minister is serious about tackling the issue, the Government must invest in new sites alongside local councils. The Government may only need to provide a loan, because a council might be able to recoup the money.

Supporting cultures and traditions is important, but that can be undermined if communities become polarised and unable to work together with mutual respect. Provision of adequate sites, coupled with swift action on criminal behaviour by the very small minority, can only enhance and not detract from good community relations.