Illegal Encampments (East of England)

Debate between Lord Jackson of Peterborough and Brandon Lewis

Wednesday 26th November 2014 Westminster Hall

[The Minister of State, Department for Communities and Local Government (Brandon Lewis)]

It is a pleasure to serve under your chairmanship, Mr Chope. I congratulate my hon. Friend the Member for Harlow (Robert Halfon) on securing the debate, which gives us a chance to highlight some of the issues that are being faced, particularly, as the title of the debate shows, in the east of England. Such debates are important—this one is a really good example—because they give a chance for Members to shine a light of transparency on what is going on in their local community.

I appreciate that many of the issues raised by my hon. Friends the Members for Peterborough (Mr Jackson), for Thurrock (Jackie Doyle-Price) and for Harlow, and by my right hon. Friend the Member for Saffron Walden (Sir Alan Haselhurst), are about some of the agencies, including local authorities, or about giving a message, very clearly and publicly, to the police and crime commissioner. I have no doubt that PCCs will pick up that message, not only because they are watching Parliament TV, but because the debate has attracted the attention of our excellent “Look East” BBC team, whom I can see in the Gallery. That sort of transparency shows why such debates are important.

I am somewhat disappointed by the comments of the hon. Member for City of Durham (Roberta Blackman-Woods), who speaks for the Opposition, because she clearly has not taken the time to examine some of the issues affecting the east of England. Had she done so, she might have understood a bit more about the problems that I saw in Harlow when I visited with my hon. Friend the Member for Harlow. I understood and saw for myself just how badly let down the people of Harlow have been by the Labour-run council there, and I will come to that point in a moment. I have also seen some of the issues in Thurrock, and I know from my background how the previous Government let down the people of Basildon by not supporting the council there in its issues with Travellers for so many years—those issues were finally sorted out only in the past couple of years.

We are concerned about unauthorised Traveller encampments and the effect they have on local communities. We recognise the deep concern among communities in Harlow and elsewhere, and the demand for urgent action. It is clearly unacceptable that communities should suffer the level of distress and expense caused by the unauthorised camps that we have repeatedly seen in Harlow and elsewhere. As I say, I visited Harlow to see what was happening. I was troubled by what I saw and heard—not only by the comments of the residents, but particularly the comments of the Labour council, which, to be blunt, misled both me and my hon. Friend. I wrote to him to clarify the truth of the situation and will touch on that in a moment.

I must stress that this is a problem caused by a small minority of Travellers, but their actions harm the general relations between the Traveller community and the wider settled community, which is not fair on both communities.

Nationally, the number of caravans on unauthorised encampments has been falling, but I understand that that is of little comfort to communities such as those in Harlow and Thurrock that have had to endure the level of unauthorised camps we have seen in the past year or so. I will seek urgent discussions with my ministerial colleagues in both the Home Office and the Ministry of Justice—I know that the Justice Secretary is visiting Harlow this week—to consider what more can be done.

I will explore with my colleagues what might be hindering some local agencies from using the powers that are available to them. Hon. Members have made the point that there are already substantial powers available to allow for swift action to stop unauthorised encampments, but they are not yet being fully used by either the local authorities or the police.

As I have said, local authorities and the police have a range of strong powers that can be used. Where they are used promptly, we believe that they are sufficient. However, the Government are open to representations about how enforcement can be improved. As my hon. Friend the Member for Peterborough rightly said, in August 2013 we sent all council leaders updated guidance to set out the powers they have. It told councils that they can consider working with the local police and landowners to secure sites and identify vulnerable sites; that they should prepare their paperwork in advance, so that they are ready when they know things are likely to happen; and that they should develop a clear notification and decision-making process. We also reminded them of the general ability, and need, to act swiftly.

Councils and landowners can obtain a possession order to remove trespassers from land. They can apply to the courts for pre-emptive injunctions, which prevent unauthorised camping in a defined geographical area. In addition, we have lifted the previous Administration’s restrictions on the use of temporary stop notices, giving councils more freedom to take early and decisive action against unauthorised sites and encampments. Councils can issue such a notice on both private and public sector land.

Local authorities and the police can use the strong powers available in the Criminal Justice and Public Order Act 1994, as my hon. Friends outlined. Under section 77, a local authority can direct people residing in vehicles to leave land occupied without the consent of the landowner. If the trespassers do not leave when directed to do so, or if they return to that land within three months, they are committing an offence.

The police have powers under section 61 to direct trespassers from land when requested by a public or private landowner, and when the trespassers have caused criminal damage. That goes directly to the point raised by my right hon. Friend the Member for Saffron Walden —he is right about a criminal offence in that regard. They may also use those powers when trespassers have engaged in abusive or intimidating behaviour, or if six or more vehicles are trespassing on the land. We have seen that situation elsewhere. I have seen that happen in Harlow as well as in Thurrock. If the trespassers do not leave when directed to do so, or if they return to the land within three months, they are committing an offence.

The strongest police powers under section 62A can be used where vacant authorised Traveller pitches are available in the local authority area. If, after being directed from land, the Travellers return to the district as trespassers within three months, they are committing an offence. That is where Harlow council has let down residents and has misled my hon. Friend the Member for Harlow, as we clarified after our meeting. I am sure he will remember that, when we visited Harlow, the council said it was trying to take advantage and bid for the pot of Homes and Communities Agency money—Government money—provided to get sites back into use, and it outlined to me the number of sites it had available. Under questioning, we eventually got the council to admit that one of the sites had not been in use for some years. It said it was looking to bring it back into use and had bid for Government money to do so. I was therefore somewhat surprised when I returned to the Department and found out that it had made no such bid, as I outlined to my hon. Friend. Harlow council should be more honest with people and straight about what it is doing. It should stand up and fight for the people of Harlow in the way that my hon. Friend is so admirably and passionately doing, and as my hon. Friend the Member for Thurrock is doing for her constituency.

I note the concern and confusion about the powers available to local authorities, the police and other agencies. We will look again at our summary of powers document to ensure it is crystal clear to the agencies and, more importantly, to the public, who can also help to hold the agencies to account.

Local authorities should be addressing their Traveller communities’ site needs through the local plan-making process. I am sure the hon. Member for City of Durham is aware of how the local plan process works. It is there for local authorities to do just that. However, a lack of locally available pitches is not an excuse for unauthorised encampments and antisocial behaviour, and should not in itself stop councils or the police taking action.

[Mr Stewart Jackson]

There is also a question of consistency. If someone is found to be committing a criminal offence on the property of a registered social landlord such as a housing association, they can probably be evicted. How many times has that happened on a fixed Traveller pitch, when someone, or a family, is engaging in criminal activity? How often are they evicted? I am not sure there is equality in that regard. That needs to be clarified by Government regulation or guidance.

[Brandon Lewis]

My hon. Friend makes a strong point. We will feed through some issues he and other hon. Friends have raised to colleagues in the Home Office and the Ministry of Justice.

I shall touch briefly on what we have done to ensure that planning for site provision works more effectively and, importantly, as hon. Members have rightly said, fairly. We removed the top-down regional strategies and plans that caused so much resentment. Our planning policy for Traveller sites puts the provision of sites into the hands of local councils. They have to consult local communities as well as ensure they are protecting the green-belt land and our great countryside.

Local authorities have to identify a suitable five-year supply of Traveller sites to meet their objectively assessed needs in line with national planning policy, so it is very much in their hands. I know the hon. Member for City of Durham did not realise this—I am sure she will read the national planning policy framework soon—but it is in the hands of local authorities, as part of working out what their needs are, to assess what is right and appropriate for them locally.

Oral Answers to Questions

Debate between Lord Jackson of Peterborough and Brandon Lewis

Monday 3rd March 2014 Commons Chamber

[Brandon Lewis]

The settlement this year was fair to rural and urban authorities, and we had a strong debate on that in the House. The Government have put an extra £11.5 million into supporting rural areas. The hon. Lady’s fire authority has managed to increase reserves by £3 million in the last couple of years, so clearly it is finding that it has enough funds.

[Mr Stewart Jackson (Peterborough) (Con)]

The Minister will know of the disquiet about the decision of Cambridgeshire fire and rescue service to make its chief fire officer redundant and then to reappoint him almost immediately. Will he assure the House that he will issue robust guidelines to ensure that such practices are not repeated?

[Brandon Lewis]

My hon. Friend makes a fair point. As he knows, I have written to Cambridgeshire fire and rescue service. The road it has gone down is questionable with the level of cost for the chief fire officer, but it must make those decisions locally. The Government have made their position clear, and I will soon respond more widely to the issues as part of our response to the Knight review.

Local Government Finance Bill

Debate between Lord Jackson of Peterborough and Brandon Lewis

Wednesday 31st October 2012 Commons Chamber

[Brandon Lewis]

I thank the Chairman of the Select Committee. I would like to thank him for his courtesy in inviting me to the Select Committee on Monday, and I enjoyed talking through some of the issues that local councils face. He tempts me to move outside the scope of the amendments, and I think the Deputy Speaker has made clear his views on their scope, but I will expand a little further on pooling without being tempted too far outside the terms of the amendments.

Pooling gives councils a new tool to support economic growth across their area and greater ability to invest in the things that will have a greater impact on economic growth. As has been noted, the more the money comes together, the bigger its multiplier effect—the leveraging—can be. My hon. Friend the Member for Bromley and Chislehurst made a comparison between this and the debate earlier this week on pension schemes, and how, by bringing that money together and building it up into bigger pots, it can have a much more beneficial impact on local areas. That is why it is important that we allow councils to support economic priorities that have a benefit across a wider area. We are allowing councils better to weather any downturns in business rates income by sharing fluctuations in those rates. I will come back to the issue of a particular business.

It is worth local authorities looking at and thinking through the effects of pooling, which will give them greater resilience and greater buying power and allow greater economic growth. I encourage local authorities to consider it, and they have until 9 November to submit proposals. Earlier this year we had more than 20 expressions of interest from authorities. I stress that pooling is wholly voluntary but in terms of resilience, buying power and the ability to grow, I encourage councils to look carefully at it.

We heard queries about whether pools may cross county boundaries and whether they must be linked geographically or in any other way. In the true spirit of localism, it is for councils themselves to determine the make-up of a pool. They will not be restricted to pooling within a county boundary, allowing rates retention to support the priorities of local enterprise partnerships where this is what councils want.

[Mr Stewart Jackson]

I take this opportunity to congratulate my hon. Friend on his appointment as a Minister, with his great experience as leader of Brentwood borough council. I agree with his point that local enterprise partnerships are based on authentic sub-regional and local economies. Does he see a time when it might be possible to try to—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I am sorry. We must have shorter interventions. I cannot say that to Members on one side of the House without saying it to those on the other. I am sure the Minister has grasped the question.

[Brandon Lewis]

My hon. Friend the Member for Peterborough mentioned in his speech—

[Mr Jackson]

Will my hon. Friend allow me to be more succinct?

[Brandon Lewis]

Of course.

[Mr Jackson]

Does my hon. Friend foresee the Government trying to encourage a more holistic approach, pulling together initiatives such as Growing Places, Get Britain Moving and the Portas review, using the funding he is speaking about?

[Brandon Lewis]

My hon. Friend makes an excellent point and I am pleased that he had the chance to make that succinct intervention. An important by-product of business rates pooling is the opportunity for local authorities to look across the piece at whether they can pool to give themselves greater resilience, to look at the other funds that they can bring in, including the new homes bonus, and to look at their local enterprise partnership, their Portas money and any city deals that they might have, and how they can pull these things together, so that those authorities can work together to supercharge the opportunity to be part of local economic growth and to drive it from their local perspective.

--- Later in debate ---

[Mr Stewart Jackson]

Will my hon. Friend have a word with our colleagues in the Treasury about the design of some fiscal policies that are based on regional boundaries, such as the national insurance holiday, which disadvantage those on the wrong side? For instance, Peterborough was at a disadvantage compared with, say, Corby or the south of Lincolnshire because it was in a different county and region. There was an obvious disincentive for businesses to consider Peterborough, based on that fiscal change.

[Brandon Lewis]

My hon. Friend makes a good point, and he makes it so well that I have no doubt that the Treasury will have heard it directly, so I will leave it there.