It is a pleasure to be before you in Westminster Hall, Mr Bone. I thank the Petitions Committee for facilitating the debate, which has come slightly later than we envisaged—it was due to take place in January. If anything, it is now more relevant, as the hon. Member for South Ribble (Katherine Fletcher) said.
We have had Second Reading of the Police, Crime, Sentencing and Courts Bill, and we heard the arguments put forward then. I must compliment the hon. Lady on putting forward a balanced argument, but in her effort to do that, what shone through was how strong the arguments are on the side against this wholly unnecessary provision, which is being included in the Bill for reasons on which I will speculate in a moment.
There is no reason for the provision. If the petition had not been closed, as they are after six months, I am sure that we would by now have had many more than the 135,000 signatures. Lots of groups are threatened by the criminalisation of trespass: ramblers, who have been mentioned; off-road cyclists; canoeists; wild campers; those who are forced to live in a vehicle because of homelessness or other circumstances; and those who care about and want access to the countryside.
In their response to the consultation on the Bill, the Government have implied that many of those groups are not the target. Two questions spring from that. First, the Government have not persuaded anyone. As the Ramblers said in the briefing for this debate, the legislation is vaguely drafted and many of the proposals are unclear in both scope and reach, which risks criminalising activities such as wild camping when accessed by a motor vehicle or bicycle, as well as the legitimate right to protest. The Bill would allow the police to take action on an officer’s suspicion that someone might intend to reside. It would give the minority of landowners who might wish to make the countryside a hostile place for those seeking to enjoy it for recreation a powerful new tool to deter users. The potential for abuse of the legislation is obvious and significant. The Bill would send a signal that the countryside is not an open resource that is accessible to all, but a place of complex rules and regulations, with criminal sanctions for breaching them.
If the Government did succeed in so limiting the Bill by a further amendment in Committee or at a later stage, the issue of who is primarily the target would become clearer: Gypsy and Traveller communities, and those who adopt a nomadic lifestyle through choice or necessity. I say this regretfully: I can only reach the conclusion that it is a rather nasty racist little attempt to attack minority ethnic communities already suffering severe discrimination, and other socially marginalised groups. I will repeat something I said when speaking about the Bill on Second Reading, that
“no family willingly stops somewhere they are not welcome, and which has no running water, waste disposal or electricity”—[Official Report, 15 March 2021; Vol. 691, c. 88.]—
and where they will be harassed.
The reason for unauthorised encampments is the lack of authorised sites, be they permanent or transit sites. The number of permanent or transit sites on aggregate has gone down over the past ten years by several hundred, and by over 8% in total. Gypsies and Travellers are among the most marginalised and discriminated against groups in the country. Their outcomes in health, education and life expectancy are the worst of any ethnic minority group, and proper provision is simply not made. There are 354 transit pitches across the whole of England, and only 29 local authorities provide them. If there is nowhere to go that is of an authorised nature, then what alternative is there but to use unauthorised sites? There are 1,696 households on the waiting list for pitches, with only 59 vacant pitches on permanent sites and 42 on transit sites.
In responding to the petition, the Government said:
“The law of trespass is largely one of common law, with the courts developing the law and resolving disputes based on the circumstances of the case. However, following the ‘Powers for Dealing with Unauthorised Development and Encampments’ consultation in 2018, it was clear”—
clearly it was not clear, because most people opposed the provision responding to that consultation—
“that action is needed to address the sense of unease and intimidation residents feel when an unauthorised encampment occurs.”
That is an insidious piece of text. First, it is good that the control of trespass is brought up by the common law over the centuries. Secondly, there is plenty of legislation on the matter, notably the Criminal Justice and Public Order Act 1994. That legislation was seen as draconian at the time, and this goes much further.
Over the past two decades, law enforcement and nomadic communities have tried to make the current law work by guidance, negotiation and compromise. The police Bill strips away all of that experience and sets up confrontation, arbitrary use of power, and the threat of arrest, imprisonment, loss of home and perhaps of families. For what purpose? So that the Home Secretary can indulge in a bit of dog-whistle politics.
If people think I am exaggerating, I chaired a seminar earlier today, organised by the all-party parliamentary group on Gypsies, Travellers and Roma, to hear the real-life experiences of Gypsies and Travellers, and to hear from their advocates in the Friends, Families and Travellers movement who were loyally supporting those communities. They all do an excellent job. We heard stories of Traveller families who had booked official caravan sites, only to be turned away on arrival. The racism of Pontins in refusing access on the grounds of ethnicity is far from rare.
Without access to legal sites, where are families supposed to go? Under the current law, there was at least a chance of negotiating an organised departure, and the discretion lies with the police whose guidance says that only where there is “damage”, “abusive behaviour” or multiple vehicles should precipitous action be taken. Under the new law, we apparently need to address the sense of “unease” that local residents might feel, an “intention to reside” or the likelihood of causing “damage, disruption or distress”.
Has there ever been a law so disingenuously or vaguely worded? It is clear why, because in their frequently answered questions, the Government give the explanation that “strengthened police powers” and the new offences
“could also deter unauthorised encampments from being set up in the first instance.”
This is designed to frighten people into taking no action at all. It is designed to attack the principles of nomadic life, which the Government have already attacked by changing the definition of what Gypsies and Travellers means.
If the legislation is passed unamended, it will have a rough ride in the courts. It is already clear that it violates important principles of the Human Rights Act and the Equality Act 2010. No one with any sense supports this unnecessary and vindictive provision—certainly not the police. Only 21% of police organisations responded positively to the proposals and the consultation, while 94% called for more site provision.
I know that other Members are waiting to speak and that I have taken my allotted time. I simply say to the Minister that this is the time to consider what changes will be made to the detail of the Bill. Part 4 adds nothing useful to the current law. It will do huge damage to relations between settled communities and Gypsies and Travellers. It will put the police in an extremely difficult position. It will suck in whole groups of other people who, whether this is the intention or not, are also severely worried about the consequences. Let us have a sensible and mature rethink and let us drop these invidious proposals now.
4.51 pm