Dangerous Dogs

Debate between James Gray and Gordon Marsden

Thursday 7th March 2019 Westminster Hall

[Gordon Marsden]

That is what the Department says, but is it not ludicrous that it does not openly address the issue—it is an issue, and one that was put forcefully to the Committee—that it is very difficult for police on the ground to determine genetically what is a pit bull and what is not? The Minister spoke about Staffordshire bull terriers. What is the logic for having an investigation into attacks by pit bulls, which are covered by the Act—albeit many of us dispute that—and not into attacks by Staffordshire bull terriers?

[James Gray (in the Chair)]

Order. Interventions should be brief.

[Gordon Marsden]

If the Minister looks only at the issue of the breeds in the 1991 Act, he will of course come to the same conclusion, because he is not examining the broader evidence.

Unauthorised Encampments

Debate between James Gray and Gordon Marsden

Wednesday 8th September 2010 Westminster Hall

[Mr Gordon Marsden (Blackpool South) (Lab)]

It is a great pleasure to serve under your chairmanship, Mrs Brooke. I congratulate the hon. Member for East Hampshire (Damian Hinds) on a crisp and temperate presentation of the issues that not only he but other hon. Members in the Chamber have encountered. I was particularly interested in his strong focus on the issue of unauthorised occupation—that matter has come across strongly today. Some of the difficulties surrounding that issue are very different from those surrounding the debate about the need for authorised sites, which again has been robust. I shall try to bring out some of those issues in my remarks.

I start by mentioning some of the facts and the chronology of what the previous Government did—or, indeed, attempted to do—regarding some of the matters raised. I understand that some Conservative Members may not be aware of those points. That is not surprising, given that a “year zero” approach seems to have been adopted by the Department for Communities and Local Government website; all reference to what was done in the six months before the election has been removed. However, with your permission, Mrs Brooke, I shall touch on some of the things that were done in that period.

In March 2010, DCLG launched guidance that was sent to police, local authorities and other agencies. That guidance focused particularly on adopting a multi-agency approach to helping communities tackle the problems of antisocial behaviour on Travellers’ sites, including the use of antisocial behaviour orders and acceptable behaviour contracts. I shall return to those important points.

In introducing that document, my right hon. Friend the Member for Southampton, Itchen (Mr Denham), the then Secretary of State, said:

“local councils and the police have strong powers and tools to crack down on anti-social behaviour—and I expect them to be used to the full. This guidance will help ensure that the local agencies understand the powers available to them.”

The Home Secretary at that time, my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson), said—it is important to make this point because various hon. Members have mentioned it—

“The Gypsy and Traveller community is treated no differently than the rest of the community. Perpetrators of crime and antisocial behaviour will be punished and, where appropriate, taken through the criminal courts and jailed.”

From the Opposition’s point of view, I would like to emphasise that that principle, elucidated by the former Home Secretary, stands four-square.

In addition to that, on the question of unauthorised developments, a statutory instrument was laid before Parliament on 9 March 2010, which reduced the period of appeal against refusal of an unauthorised development from six months to 28 days. That reduced the ability for the time frame to be exploited where unauthorised developments are in situ.

That did not come out of the blue; it was based on the findings of the Briscoe report, which was set up in 2007 and revised in 2009. It is worth noting that that was regarded as a priority by DCLG Ministers, which is why it reached the statute book before the wash-up and Dissolution. That was because of the importance of the need to reduce the period of uncertainty for local residents after local authorities refuse a planning application. In addition to those enforcement measures, the previous Government continued to support local councils in their bids to establish authorised Traveller sites, and £32 million was pledged from the Homes and Communities Agency budget as part of the site grant for 2010-11.

I have mentioned the difference between authorised and unauthorised sites. Although I appreciate that in some circumstances there can be significant problems with authorised sites, I believe that the development of authorised sites helps to combat the problem. To be fair, the current Government believe that as well, but the question of where the money will come from is another matter. On that main point, however, there is a consensus between the Opposition and the Government. There is evidence that the creation of authorised sites saves councils significant amounts of money. Once Bristol city council invested in a transit site, for example, having relied on enforcement action before, it reduced its related annual costs from £200,000 to £5,000.

The previous Government also intended to amend the Mobile Homes Act 1983 to give improved security and right of tenure to Gypsies and Travellers on official sites. Unfortunately, as the present Government were kind enough to acknowledge in a statement to the House on 27 July, there was no parliamentary time to debate those statutory instruments before the general election. They do, however, relate to the application of the 1983 Act. The Minister will no doubt remark that the Government intend to make a decision on section 318 in due course, in the context of the wider strategy. There is no difference between the policies of the previous and current Governments.

I now turn to what the current Government have said and done since taking office. In May 2010, as part of the first round of spending cuts, the Homes and Communities Agency ended the Gypsy and Traveller programme grants for the creation of authorised sites. As far as I am aware, the regional spatial strategies have been revoked but not yet formally abolished. Their formal abolition will no doubt be presented later in the year as part of the decentralisation and localism Bill that the Government are promising—or threatening us with. That removed the obligation for local authorities to identify sites that could be used for authorised Travellers. However, nature abhors a vacuum, and I suspect that that will be the case if there is no formula whatever.

On the point about returning to regional spatial strategies, there will be no formula whatever for dealing with what will be a continuing problem. I put it to Members and the Minister that without some form of overarching framework there is a danger that local authorities will pass the parcel and try to shift the onus of provision on to neighbouring authorities, which will be doing likewise.

[Mr Gray]

Why should there be an overarching vision? Surely it should be for local authorities to decide what provision they make for Gypsies and Travellers in their areas. Why should anyone else decide that?

[Mr Marsden]

I would not accuse the hon. Gentleman of nimbyism, but I think that such action is common sense. Indeed, in his eloquent contribution he explained that Travellers move around a lot. Simply playing pass the parcel with those people is no mechanism for dealing with them, and I find the idea that it is rather bemusing.