Guy Opperman
Main Page: Guy Opperman (Conservative - Hexham)(11 years, 7 months ago)
Commons ChamberRead Full debate Read Hansard Text
Peter Aldous
My right hon. Friend makes a good point. Consumer Focus has just produced a report on park home sites entitled “Living the Dream?”. For many people these homes were a cherished ideal and somewhere they could retire to, but their dreams have been shattered and we need to pick up the pieces.
Guy Opperman (Hexham) (Con)
I congratulate my hon. Friend on securing the debate and support everything in his Bill. He has described how the concerns about park homes relate particularly to coastal areas and to the elderly. May I point out that there are two park home sites in my constituency in Northumberland that are landlocked and that the residents, who are in no way elderly, are robust, strong and intelligent people? However, even the fact that they robust, strong and have their full capacities does not stop them being completely subject to landlords and the problems my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith) identified.
Peter Aldous
I am grateful to my hon. Friend for his intervention. There are some very responsible site owners, but there are also some unscrupulous rogue operators—gangsters, dare I say it?—against whom everyone needs the right protection.
The problem we have identified has been recognised by the Prime Minister, who, in response to a question from my hon. Friend the Member for Mid Dorset and North Poole (Annette Brooke) during Prime Minister’s questions last November, said:
“There are some extremely good park home owners, who not only obey the rules but demonstrate responsibility and compassion, but there are some who do not. We are committed to providing a better deal for park home residents by improving their rights and increasing protection against bad site owners.”—[Official Report, 9 November 2011; Vol. 535, c. 283.]
It is in that spirit, and with full Government support, led by the former Housing Minister, my right hon. Friend the Member for Welwyn Hatfield (Grant Shapps), that I present the Bill for Second Reading. In summary, the problem park home owners face is that in recent years many sites have been acquired by rogue operators who, in pursuit of obscene windfall profits, exploit the piecemeal regulatory framework to make the lives of many elderly and vulnerable people a misery.
Mr Robert Buckland (South Swindon) (Con)
I am delighted to support a Bill that for many of us has been long overdue. I pay tribute to my hon. Friend the Member for Waveney (Peter Aldous) for securing a favourable position in this year’s ballot and on having the good sense to take on this cause, not only for his constituents, but for all the constituents—the thousands of people—we represent, many of whom have been suffering for too long as a result of the actions and the inactions of unscrupulous site owners.
I am delighted to follow my hon. Friend the Member for Mid Dorset and North Poole (Annette Brooke). She and I have been working on this matter since my arrival in this place some two and a half years ago. Alongside the hon. Member for North East Derbyshire (Natascha Engel), we have, I think, worked together very well as part of the all-part group on mobile homes, along with my hon. Friend the Member for Winchester (Steve Brine) and others. However, the real tribute should go not only to Sonia McColl, who has rightly been mentioned, but to all those residents who not only have raised the issue with their Members of Parliament and their councils, but have come to this place and spoken, very eloquently indeed, about the issues they face. I include in that the residents of Brook Meadow Park in my constituency, in Wroughton, near where I live. They have come to this House on several occasions and have spoken up very powerfully indeed about the problems they experience.
It is sad to note that, in the years since I first became concerned and involved with these issues prior to my election to Parliament, apart from one or two items of progress—most notably the transfer of jurisdiction from the county court to the tribunal system last year—progress has been altogether somewhat slow. This Bill marks a welcome further stage in the process of recognising the fact that park homes are not merely goods or chattels to be bought and sold, but are the homes of thousands of our residents. We have heard the statistics; we know what the expectations are of people who live in mobile homes. What they want is security, safety and that well known legal phrase “quiet enjoyment”. It is that principle which we should adhere to strongly when we consider legislation in this area.
As a parliamentary candidate, I was particularly concerned with the issue of sale blocking. I am delighted to see that the various provisions in clause 10 mark a welcome change in this area. I accept that a distinction is to be drawn between agreements that are made or assigned after the commencement of the legislation, if it is to be enacted, and existing agreements. Hon. Members have already quite rightly raised the issue of whether that could be made retrospective. I would urge the Government and everybody concerned to consider the matter carefully when the Bill goes to Committee. At this stage it is right just to outline where we are with the provisions.
For existing agreements, although the right of objection by a site owner is not to be removed, there is welcome change. It is important to emphasise that, because the effect of the new provisions will be to reverse the burden of proof. The prospective buyer will no longer have to demonstrate their suitability; rather, it will be for the site owner to demonstrate, via use of the tribunal, that the prospective purchaser is unsuitable. That is an important point to make. The change is one that we should welcome warmly, and it is one that will give some comfort to all our residents who have existing agreements. Obviously the position is dramatically different for new agreements, which is an extremely welcome initiative.
When it comes to one of the most fundamental issues in the campaign waged by residents and others, I am absolutely delighted that a “fit and proper person” test for licensing is now part of the Bill. That is something that we have heard about from residents time and again, and I know that they will be as pleased as I am to see those words in the Bill. At long last, the Bill gives a benchmark against which local authorities can work and a benchmark for every site owner to reach. It also gives certainty to all residents concerned. That test will go a long way towards resolving some of the abuses that have taken place in far too many parks.
The question of enforcement has already been raised. It is important to note that, sadly, there is often a disconnect between what the statute says and what the powers of local authorities may be, and the economic realities that apply. As I said in an intervention, the sad truth is that for many local authorities the cost and resource implications of taking on prosecutions are often too high for them to bear. The low penalties that have applied until now are a further disincentive to local authorities in bringing prosecutions for infringement.
Guy Opperman
In the past my hon. Friend has, like me, done cases on behalf of residents of park homes acting against landlords. Does he agree that, just as there is a need for local authorities to pursue criminal actions, it is manifestly the case that all matters would be so much easier if, when the original purchase took place, there was a solicitor involved?
Mr Buckland
I entirely take on board my hon. Friend’s point. This is a plea not for more work for lawyers—I declare my interest as a lawyer—but for all residents to ensure that they are fully and properly advised about their rights in the purchase of park homes, as well as their rights pursuant to any sale of them and their rights when it comes to the enforcement of an existing licence.
I know from my own discussions with residents how frustrated they feel when the local authority says, “It will be very difficult for us to do anything, because we do not have enough resources to mount a full prosecution.” If, for instance, a private building has become so dilapidated and dangerous that it poses a health and safety problem or a threat to the environment, the local authority can issue an enforcement notice, but it has no power to do so in the case of park homes. The Bill deals with that very effectively.
At long last, local authorities can take advantage of further stages before prosecution to enforce licence agreements. The issuing of a notice will often do the trick. It will place the onus on the site owner to make good any dilapidation, or to deal with a problem caused by a poor access road, a dangerous tree or an item on the site that is causing a potential or real nuisance to park home owners. It will give the site owner an incentive to get on with the job and ensure that the wrong is righted. The increase in the armoury available to local authorities is an essential part of the Bill.
As other Members have pointed out, this Bill is not the consequence of a headline or a knee-jerk reaction to a single isolated case. It is the product of many months, if not years, of careful evidence-gathering, consideration of the technicalities of the existing law, and testimony from thousands of our constituents whose stories of suffering have not only moved us all, but demonstrated to us the deficiencies of the existing legislation.
Guy Opperman (Hexham) (Con)
It is a humbling and special moment rising to follow such distinguished speakers. If we are here to do anything, it is surely to protect those less able to protect themselves. People in park homes have found themselves in that situation through a variety of means and statutes that have been passed down the years. I should record at the outset that, of course, some very good park owners provide a perfectly good service and are in no way to blame for the problems caused by the miscreants, who have created the disasters that we have all heard about, either as constituency MPs or as lawyers—the joyous profession of my hon. Friend the Member for South Swindon (Mr Buckland). When the two of us were at the Bar we had to represent individuals who owned park homes and were attempting to litigate, with diminished funds and diminished ability, at an age when no person should be in a court. I do not refer to my hon. Friend there; I refer to the individuals whom I had to look after and guide through a litigious process that no 70, 75, 80 or 85-year-old should have to undertake. Their being in that position is manifestly wrong.
I am humbled to follow such distinguished speakers. I confess that I have never spoken in a private Member’s Bill debate before. The reason I am speaking almost last in this debate is that I speak far too often in the House. [Hon. Members: “No.”] You have not heard all of my speech yet! I follow the coastal king of Waveney, my hon. Friend the Member for Waveney (Peter Aldous), who has ploughed forth his ship from Waveney down to Westminster to create a new law that will, for the first time, protect park home residents—and that is not the only wonderful thing. What is also wonderful about today is that the House has had the chance to be united. It was a pleasure to hear the speech made by the hon. Member for North East Derbyshire (Natascha Engel). Normally we all go to the Backbench Business Committee to prostrate ourselves at her feet with a view to obtaining the opportunity to debate matters in the House. So it was good to see her on her feet making the case eloquently on behalf of not only her constituents, but her predecessor, who so ably served the cause of park home residents in her area.
I do not, in any way, diminish the contributions that we heard from my hon. Friends the Members for Winchester (Steve Brine) and for Gloucester (Richard Graham). I also wish particularly to pray in aid the hon. Member for Mid Dorset and North Poole (Annette Brooke), who, long before the good residents of Hexham decided in 2010 that they would like me to represent them—to my surprise and, I suspect, to theirs—was ploughing a strong furrow on behalf of this cause, and she must be given due credit.
It is worth bearing in mind the number of people we are talking about, because the context is fascinating. Individual constituents would come to us with particular problems and we would raise them, and Governments would often step in and change the law to help individuals on a large scale. The paucity of the numbers has been part of the problem here, and it has stopped Governments necessarily getting involved. In reality, however, we are talking about approximately two parliamentary constituencies—there are about 85,000 park homes involving between 100,000 and 150,000 people.
Richard Graham
Another way of looking at those living in park homes is to say that they are equivalent to the entire Regular and Territorial Army.
Guy Opperman
Interestingly, we spend so much of our time looking after the Army and attempting to champion its cause, whereas park homes have, to a certain extent, been a less strong element in this House’s consideration. Individual champions have changed that and have brought the matter to people’s attention and to the attention of the House. I give due credit to all the individual local champions, both those who have been cited by hon. Members today and those who have gone to their MP in other circumstances. They should all be welcomed and supported. The point is that a small section of a society of well over 60 million people is particularly disadvantaged by the current legislation, and that is manifestly wrong. So today is a historic day, as the Bill introduced by my hon. Friend the Member for Waveney will come to fruition.
I urge hon. Members not to judge a book by its cover: park homes are superficially very attractive and we can see why so many people would wish to enjoy the benefits of one, but I must add the sad reality of a conveyance into that context. It is madness that so little legal advice is given to park home residents when they purchase their property. I assure the House, before I am said to be trying to cite the benefit of employing lawyers, that I do not practise as a lawyer in any way and have not done so since May 2010. In addition, I must say that I would not be any use when it comes to a conveyance. Conveyances are specialised and specific things. My hon. Friend the Member for South Swindon, the Lloyd George of Llanelli, would be wonderful at many aspects of the law, but would be utterly useless on conveyances. We are not pitching for work. I am urging that individual park home residents should not purchase a property without spending £500 on legal advice to get their conveyance right. Failing to do so is manifestly wrong. One would not make an investment of £50,000 or £100,000 without taking a modicum of advice, as to do so is short-sighted in the extreme and patently wrong. If people from park home residents associations read the Hansard record of this debate, I urge them to take that point and give it as advice on every occasion.
That point is also relevant for site owners. Individual site owners do not start with the predisposition, “I want to cause problems. I want to have disputes with my residents.” There may be isolated examples of site owners who do take that approach, just as isolated individuals set out to commit crime, but most of the time these situations develop. They arise because of a breakdown in relations or because they cannot keep the agreements going on. It is surely in the site owners’ interests for legal advice to be given and taken. I urge the site owners, who have just as much to gain as the individual purchasers, to consider that.
It ill behoves me to cite the various problems, as I have been in the Chamber for nearly an hour and a half and listened to repeated examples of problems in yesteryear. I am grateful to my constituent Mr John Stafford, who lives at 5 Pinewood Grove in Yont the Cleugh in Coanwood, for describing the difficulties that his park home has suffered down the years. He cites the usual litany of problems with the water and electricity supplies, street lighting, field drainage, road surfaces and power cuts—and, of course, a problem that particularly concerns us in the north-east, which is liquefied petroleum gas.
The provision of LPG for park homes is an utter scandal. LPG is effectively the only power provision in this country that is unregulated; all other power providers, including those in oil and gas, are regulated. The House has debated heating oil on many occasions and those who have heard me speak about fuel poverty will know that I consider the heating oil market manifestly to be broken and there is a particular problem with LPG. Individual canisters of LPG are available only from certain providers and in Northumberland, we have only two providers for the whole area, so the competition is limited at best. In the more rural areas of Northumberland, there is a single provider, which does the best job it can. We must bear it in mind, however, that the LPG canister is sold by that single provider, which has not a whit of competition, to the site owner, who can charge property owners whatever he or she wishes.
Countrywide—I stress that this is not the case in the two Northumberland properties that I represent—there are plenty of examples of the provision of LPG being an utter scandal. Mark-ups are unbelievably large—well over 100%—and unless they are paid, the elderly residents, who are struggling pensioners, are deprived of all power and heating. That is manifestly wrong. When the Bill is in Committee, I urge my hon. Friend the Member for Waveney to consider LPG and how it is provided and to see whether he can address the problem in any way. I urge him to take on board the points made by my hon. Friend the Member for Suffolk Coastal (Dr Coffey), who is from Suffolk, not from Norfolk, as was cruelly suggested earlier. I thought that she was having mild palpitations until she realised that it was an error, and that her constituency had not morphed into Norfolk in the boundary review. Lord knows, I blame—no, I will not go there.
Park home residents will be in a better state as we go forward. The journey has been long for the individuals with difficulties, but there is great potential. I go to the park at Blenkinsopp, where a wonderful 14th century castle is set high on the hill overlooking the River Tyne between Haltwhistle and Hexham. It was set up by that famous Frenchman Bryan de Blenkinsopp, whose family came over in the Norman invasion. If hon. Members will indulge me, I will give them a little history tour. It was Bryan de Blenkinsopp who set up the latest castle in the 14th century and at a feast, he was teased about his marriage plans but replied, “Never, never shall I marry, until I meet with a lady possessed with a chest of gold heavier than 10 of my strongest men can carry.” Sure enough, a lady returned with 12 strong men carrying a very large chest of gold. It has never been found and the park homes still reside on that site today. Bryan obviously passed away long ago and is no longer with us. It is still an idyllic spot and when I take individuals around there, they say, “This is where we want to live.” The site has a very good owner, but there is no legislation to provide the protection that those individuals would like.
Let me sum up the Bill, if I can. My hon. Friend the Member for Waveney is doing something amazing that reforms the licensing system, prevents residents’ sales from being blocked, clarifies the law on harassment, makes pitch fees more transparent and introduces a proper and fit registration scheme. This is a special day and we are privileged and lucky to be in the Chamber to demonstrate our support for the long campaign that many have fought.