I wholeheartedly agree.
Let me press on, because others want to speak. Clearly there are a small number of cases, which we have already identified, that have caused genuine concern. The problem appears to be not with the existing law, but with its operation, as the consultation has made clear. Annington Holdings plc, a property holder of considerable size, said:"““In Annington's experience enforcement is the crux of the problem; our past experiences have shown that delays arise in removing squatters from properties due to limitations on police resources.””"
If the current problem is with police resources, the question—which has been raised by the High Court enforcement officers, the Criminal Bar Association and the Law Society—is whether the police would have the resources to enforce the law if a new offence is created, when they appear to be unable to enforce it against the existing offences. The Met has acknowledged that and is seeking to address it, as my hon. Friend the Member for Hammersmith and the Minister have said. The Metropolitan Police Service said in its statement that there was a lack of training and practical knowledge on the law on squatting, particularly section 7 of the 1977 Act, which may be a barrier to effective enforcement, and that it was conducting further training to address the issue.
By criminalising squatting, the new clause certainly does not appear to be needed, but it will have consequences if introduced, some of them unintended. The new law will have consequences for those who will be brought into the criminal justice system for the first time, and it is worth repeating who those people are likely to be. The housing charity Crisis commissioned research into squatting from the centre for regional, economic and social research at Sheffield Hallam university, which was published only a month ago, in September. It found that, by and large, squatters were homeless people. The House of Commons Library note sets out for Members that"““squatting is a common response to homelessness””,"
and that"““most homeless people who squat try other avenues to resolve their housing problems before squatting””"
My hon. Friend the Member for Islington North (Jeremy Corbyn) said that 40% of single homeless people had squatted at some time. Furthermore, 6% of the homeless population are squatting tonight, 41% of homeless squatters report mental health needs, 34% have been in care, 42% have physical ill health or a disability, 47% have experienced drug dependency, 21% are self-harming, 15% have a learning disability, and 90% have slept rough. Those are the people whom this legislation is about to criminalise.
The Crisis survey found that many of those people had no alternative, and that 78% had approached the local authority for help and been turned away. Among the housing charities—Crisis, Thames Reach, Shelter, Homeless Link, Housing Justice, St Mungo's—there is a fear that the new legislation could criminalise extremely vulnerable people and force them into more dangerous situations, particularly rough sleeping.
Legal Aid, Sentencing and Punishment of Offenders Bill
Proceeding contribution from
John McDonnell
(Labour)
in the House of Commons on Tuesday, 1 November 2011.
It occurred during Debate on bills on Legal Aid, Sentencing and Punishment of Offenders Bill.
Type
Proceeding contribution
Reference
534 c876-7 
Session
2010-12
Chamber / Committee
House of Commons chamber
Subjects
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2023-12-15 13:50:51 +0000
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