I rise to support new clause 26 and I start by paying tribute to my hon. Friends the Members for Hove (Mike Weatherley) and for Finchley and Golders Green (Mike Freer) who, along with myself, have moved this matter up the agenda. I am grateful that the Minister has listened and that we now have some clarification over this area of law.
I have practised as a solicitor and I can tell the House that, regardless of the 1977 Act, this area of law is completely unclear. It is unclear to the police, to lawyers and to home owners and it certainly is not working. Millions of home owners will be grateful that the new clause is, I hope, going to reach the statute book. There could be nothing worse for someone returning from a holiday than to find that their home has been occupied by squatters. Insult is then added to injury if they are told by their lawyer that they need to embark on a long and complicated civil law procedure, and a costly procedure at that.
I note the point that has been made by Opposition Members about there being doubt about the exact numbers of properties that are occupied by squatters, but the fact remains that if a home owner returns to their property to find it occupied by squatters, it is 100% occupied by squatters and the overall statistics are, frankly, irrelevant.
Let me make one further point about the amendment on which I understand we are to divide. It provides that an offence would not be committed"““where the building has been empty for six months or more””."
One point that has already been touched on is of real concern to many people. When a family member dies and leaves a property empty the personal representatives might have to wait many months—often longer than six months—before they can obtain a grant of letters of administration. There are many instances of properties being occupied by squatters in that time and, for that reason if no other, I hope that the House will reject the amendment. The new clause is a great step forward. It is often said that an Englishman's home is his castle and I hope that this will help to reinforce that.
Legal Aid, Sentencing and Punishment of Offenders Bill
Proceeding contribution from
David Nuttall
(Conservative)
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 c884-5 
Session
2010-12
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House of Commons chamber
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2023-12-15 13:50:48 +0000
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