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Mr. Todd: Will my hon. Friend consider whether the rights of travellers in the position that he outlines might be as adequately protected on a designated, legitimate site provided by the local authority, and that pointing out the availability of pitches on legitimate sites would be a
reasonable basis for demanding their immediate removal from the site that they were occupying while their social circumstances were reviewed?
Mr. Clarke: There is a powerful case for that. In his original speech, my hon. Friend made points that were worth considering about the procedures and the times at which some matters are assessed. I am happy to consider them very carefully.
There is a great difficulty, about which I think I should be frank. I refer to a conflict between the rights of individuals to which our whole society subscribes, when criminality or similar issues are not involved, and the rights of surrounding communities. Those are precisely the issues that my right hon. Friend the Home Secretary is currently discussing with colleagues in the Department of the Environment, Transport and the Regions, with the aim of finding a solution.
Our fundamental point of principle is that travellers have a right to live their lives as they do, freely and in an entirely acceptable way. By the same token, however, criminal or anti-social behaviour on the part of any section of the community should be treated equally, across all communities. I think that most Members on both sides of the House accept both those principles; certainly, Labour Members do. The question is how to make them work in practice. The complaints that we receive so frequently--complaints cited articulately by my hon. Friend--concern circumstances in which those two rights have not been married satisfactorily. Our current discussions seek to deal with that.
My hon. Friend said that the provision of legal sites generally needed to be encouraged. I support that approach, for reasons connected with one of the rights to which I have referred. I am pleased to note that there is local authority site provision in South Derbyshire, and I am glad that the local authority takes its responsibilities seriously. That is, of course, what local authorities are advised to do by the Government. Site provision is an important element of the managing of unauthorised camping, for the reasons given by my hon. Friend.
Circular 1/94, "Gypsy Sites and Planning", places gypsies on the same footing as others in relation to the planning system, while seeking to recognise their special needs. It applies to local authority and private gypsy sites, and advises local planning authorities to assess the need for gypsy accommodation in their areas and, wherever possible, to identify in their plans locations suitable for sites. When that is not possible, they should set out clear, realistic criteria for suitable locations as a basis for site provision policies.
The emphasis in circular 1/94 is on identifying suitable locations for sites. The Department encourages local authorities to discuss the preparation or revision of the plans with all concerned, including travellers themselves, their representative bodies and local support groups. We also think that representatives of travellers should consult local authorities on planning matters before buying land on which they camp for which planning permission would be required. The Department is commissioning separate research on the management and condition of existing local authority sites, which will inform future policy development.
We strongly agree with my hon. Friend's approach. As I said earlier, my right hon. Friend the Home Secretary, my Department and the Department of the Environment,
Transport and the Regions are actively reviewing the joint Home Office-DETR good practice guidance. The document was first published in October 1998, and advises that local authorities should have an overall strategy. The strategy should include needs assessment and site provision, as well as eviction policies, which should be developed with the local police force.The aim of the joint guidance is to encourage a balanced approach to managing unauthorised camping. It is necessary to balance the nuisance that can be caused to members of the local community with the rights of campers. As I have said, research commissioned by the DETR and the Home Office is under way, with the aim of reviewing the good practice guidance on unauthorised camping. The aim is to establish the extent to which the guidance is being followed, how well it is working and whether there are any gaps that we need to address. The final report on the management of local authority sites is due in September, and will give us a basis on which to make future policy decisions.
Let me summarise our central approach. We believe that the police operational guidelines were strengthened and clarified by the Association of Chief Police Officers last year, following meetings with Ministers. They make it clear that police powers should be used primarily when there are problems of crime, disorder or disruption to the local community associated with unauthorised encampments.
Ministers have made it clear that police powers can be used at an early stage when necessary. I emphasise above everything that joint Home Office-DETR guidance encourages a multi-agency approach to dealing with
problems caused by unauthorised camping. As with many areas of policy, it seems critical that we have a genuine partnership approach that determines how we operate. A partnership approach on the basis of clear guidance and guidelines, both from the Home Office and the DETR and from the Association of Chief Police Officers, will give us a basis on which to develop policy.As I have said, my right hon. Friend the Home Secretary is considering joint guidance and whether any changes are needed. It must be made clear--I have sought to do so in the debate--that toleration of encampments does not stretch to toleration of crime, disorder or disruption to the local community. As I have said, he hopes to make an announcement shortly on those matters.
We have no evidence to suggest that police powers are currently used in a discriminatory way. We are aware of the problem of welfare inquiries that must be made by local authorities, fulfilling their statutory obligations, before taking eviction action. We are willing to consider whether any changes are necessary. Although the provision of sites is primarily a matter for the DETR, we acknowledge my hon. Friend's approach towards the important responsibilities that must be fulfilled and his efforts to move the matter forward.
It is a vexed and difficult problem. I am delighted that my hon. Friend has secured time to debate it. I hope that I have been able to offer at least some reassurance to my hon. Friends who have spoken that we take the matter seriously. We address it as a matter of urgency and concern.
- Adjourned accordingly at twenty-nine minutes to Eight o'clock.
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