Crime and Policing Bill

Debate between Charlie Dewhirst and Andy Slaughter
Andy Slaughter Portrait Andy Slaughter
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No, I will not give way again. Frankly, I found the right hon. Lady’s last intervention a bit beyond the pale, so I am not giving her another opportunity. I am afraid that the sort of information she peddles leads to the situation that we are in. The constant threat of criminalisation of nomadic lifestyles has a devastating impact on families. That is why human rights campaigners and international bodies, including the Council of Europe and the United Nations, have raised concerns about the legality of the provisions that I am addressing.

Charlie Dewhirst Portrait Charlie Dewhirst (Bridlington and The Wolds) (Con)
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The hon. Member has just painted a complex legislative picture. Does he not agree that there was a need for the 2022 legislation, because all the measures that he has just read out simply were not working?

Andy Slaughter Portrait Andy Slaughter
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The powers are there, but we must look at their implementation. I am always sympathetic to the hon. Gentleman, because he was such a good opponent for me at two elections, and I take to heart the measured way in which he puts his point, but to counter what he says, in May 2024, following a judicial review of part 4 of the 2022 Act brought by Wendy Smith against the Home Office, the High Court issued a declaration of incompatibility with the Human Rights Act 1998. The Court found that certain provisions on the extension of a ban on returning to a particular area from three months to 12 months constituted unjustified discrimination against Gypsies and Travellers. Despite that, the powers remain in force, and although the declaration of incompatibility with our laws relates only to the provisions I just mentioned, I put it to the Minister that all of part 4 could be scrapped without any detriment to the enforcement of previous laws.

Police and local authorities already have a whole spectrum of other powers, as I have set out, which they can and do use against encampments. If they are failing to use those, it is for them to say why. I also know that the police did not seek those powers; they were simply imposed on them. The Crime and Policing Bill presents the perfect opportunity for the Government to put this right by repealing part 4 of the 2022 Act, which, let us remember, allows police to ban Gypsies and Travellers from an area, to arrest and fine them, and even to seize their home.

I hope to receive positive news today, but if my right hon. Friend the Minister wishes to discuss these matters further, I would be happy to engage in that discussion—I have great support from Friends, Families and Travellers, and other excellent groups representing the Roma Gypsy and Traveller communities—to see how the law can be made fair to nomadic and non-nomadic communities. That is what is being asked for here. Frankly, at the moment the law does not create a balance; it creates a bias one way.