Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Campbell-Savours and Lord Bishop of Ripon and Leeds

Tuesday 27th March 2012 Lords Chamber

[The Lord Bishop of Ripon and Leeds]

My Lords, I, too, am very grateful to the noble Baroness, Lady Miller, for her determination to challenge what I still take to be the unintended consequences of Clause 145 regarding the further criminalisation of squatters, which is simply unnecessary. I do not want to repeat arguments that have already been made but this measure will have an impact on the care and support that the voluntary sector seeks to provide for the homeless in our cities. Like most cities, Leeds is seeing a steady rise in homelessness. The reasons for this are complex and the voluntary sector and the local authority are working hard to mitigate its effects, at least as regards providing mental health help for the homeless. However, we simply cannot provide accommodation for all street sleepers. Many homeless people are squatting in empty houses to avoid sleeping on the streets. This clause criminalises squatting, thereby affecting some of the most vulnerable people in our society. I hope that these amendments can be accepted to provide context and support for those people as the voluntary sector and local authorities seek to provide them with help and encouragement for the rest of their lives.

[Lord Campbell-Savours]

I wish to intervene briefly in this debate. I have come into the Chamber for the scrap metal debate but it seems to me that we may be overlooking a major flaw in the amendment. Clause 145 states:

“A person commits an offence if”,

and then lists various conditions. However, the amendment seeks to add to the statement in the Bill that,

“The offence is not committed by a person”,

the phrase,

“if the building has been empty twelve months or more and is not subject to a current planning application”.

So what happens if a building has been empty for marginally longer than 12 months and is being improved? Perhaps it is being improved to meet building regulations, or the person improving the property might be awaiting a mortgage payment to fund improvements, which might mean that they go over the 12-month period.