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Paul Clark (Gillingham) (Lab): I congratulate the hon. Member for Bury St. Edmunds (Mr. Ruffley) on securing this debate and raising some very important issues relating to Gypsies and unauthorised developments.

I am sure that all hon. Members who have contributed will agree that Gypsies and Travellers should enjoy the same right as everyone else to establish a decent place to live, as long as they do so within the law. We believe in an inclusive society in which people have the right to pursue that traditional nomadic lifestyle, but, as I say, within the law. Raising the profile of Gypsies and Travellers in today's society is important, and we want to ensure that they have the same rights as others to access essential services without fear of discrimination. There is growing evidence—hon. Members have alluded to it—that Gypsies and Travellers are becoming some of the most vulnerable and marginalised ethnic minorities in Britain. It is against that background that we need to look at the policy that governs their operation and existence.

A review is going on, and in commenting on the policy and enforcement reviews, I will try to give the hon. Member for Bury St. Edmunds as clear an idea of dates as possible, for which he asked. The Prime Minister gave a commitment at Prime Minister's Question Time yesterday, reinforcing the importance that the Government attach to completing those reviews and taking them forward, and to recognising the issues raised by Members today and previously.

The review that we are undertaking focuses on equality issues for the Gypsy and Traveller community, and the mainstreaming of Gypsy and Traveller issues within wider local and national policy. It examines how we encourage more publicly provided and privately owned sites, and how we overcome some of the unnecessary barriers, which undoubtedly exist, to site provision. We want the planning system to reflect the mainstreaming of Gypsy and Traveller accommodation within the wider social housing context. We support changes that will lead to improvements in the health of Gypsies and Travellers, who have some of the poorest health records among black and ethnic minority groups in Britain.

As part of that wider policy review, we have started a thorough review of the Gypsy sites planning circular, and we will publish a new draft circular later in the autumn. While the Government recognise that some Gypsies and Travellers wish to embrace a nomadic lifestyle, exactly as the hon. Member for Mid-Worcestershire (Mr. Luff) was saying, others wish to
 
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have a more settled existence, on local authority or private sites. The review is set against the recognition of some of those fundamental positions.

Sometimes, among the wider community, there is a lack of understanding of the terms "unauthorised development" and "unauthorised encampment". I shall try to provide clarification. An unauthorised encampment is one in which the land is not owned by those setting it up. An unauthorised development, however, which has been the subject of the main thrust of Members' comments today, is one in which a person or persons, be they Gypsies, Travellers or members of a settled community, purchase land and carry out development for which planning permission is required, but for which, of course, no such permission has been granted. That is considered a breach of planning control and amounts to unauthorised development. Local planning authorities currently have a range of enforcement powers to deal with that.

Mr. Olner: Yes, those powers are available, but given what is happening at the moment, with planned invasion of sites and deliberate breaching of the planning regime by setting up such sites, is my hon. Friend sure that the speed at which such action can be taken is adequate? That is the difficulty.

Paul Clark: I thank my hon. Friend for that comment. I am about to come on to the enforcement review, and the review in relation to how we move forward, as every Member who has spoken has questioned whether enough sites are available, and if not, how further sites will be made available. We have heard about the initiatives of the hon. Member for Billericay (Mr. Baron), for example, to which the hon. Member for Bury St. Edmunds referred. I will come to that shortly, as it raises fundamental issues.

Planning policies concerning the provision of suitable locations for Gypsy sites, whether local authority or private, are set out in the Department of the Environment circular 1/94, which was published some 10 years ago. The current circular in operation recognises the desire of many Travellers and Gypsies to buy their own sites to develop and manage. Gypsy and Traveller sites constitute development, and therefore require planning permission.

In formulating their development plans, local authorities are encouraged to discuss Gypsies' accommodation needs with Gypsies themselves, with a view to identifying suitable locations for Gypsy sites in plans where possible. We recognise, though, that for many local authorities, particularly in rural areas, the identification of specific sites is not easy. Where authorities have found it impossible to identify suitable locations, they are required to define clear and realistic criteria as a basis for site provision. It is their responsibility to judge how they frame their policies, which are open to public scrutiny through the normal system and at inquiries.

The Government believe, however, that the 1994 circular is not working effectively. Those who have spoken today have made it clear that that is their view too, on the basis of their own experience and that of others who have gone before. It is not working, for example, to identify enough appropriate sites. Recent
 
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caravan counts have shown that there are about 3,500 caravans on unauthorised developments and encampments in England, about a third of them in the eastern region. I do not have figures relating specifically to the last two years, but a weakness about which I shall say more is the lack of up-to-date information provided in a systematic way.

The new circular is likely to stress the importance of local authorities' undertaking a proper quantitative assessment of need and for that need to be met, through the new regional planning process, via proper spatial planning and the identification of specific sites or achievable criteria offering some certainty that planning permission will be granted. That is one of the main issues that we can face anywhere in the country. We need to know what we have, and what need we are trying to meet. We should also take account of the changing patterns referred to by the hon. Member for Mid-Worcestershire.

Mr. Luff: Measuring need is an important issue. Wychavon, for instance, has historically provided a high level of accommodation for the travelling community. More and more people are attracted to such places, and they become honeypot district council areas. Apparently for that reason Wychavon's need is greater than that of other district councils surrounding it. Certainly a recent planning inspector's report suggested that that is the planning inspectorate's view. Any revision of the circular should take account of that.

Paul Clark: As I have said, the importance of a proper quantitative assessment of need is likely to be stressed. Obviously the matter will be open to consultation, discussion and review. I am sure that Members, including those who are present today, will take the opportunity to comment and raise matters that may be of concern.

Unfortunately, Gypsies often proceed to establish sites without first obtaining the necessary planning consent. In many cases the locations they choose are inappropriate, for example when they are in the green belt or open countryside. Enforcement action by local authorities against such unauthorised development is therefore common. However, we expect the standard of behaviour among Gypsies and Travellers to be the same as that expected in the settled community, and any antisocial behaviour should be dealt with accordingly.

The availability of alternative sites can be a consideration when appeals against enforcement notices are determined, but only when they are considered as an alternative to a proposed location that is not suitable in planning terms. Local authorities have a key role to play in identifying suitable locations for sites, and working with Gypsies to help them find land that they can purchase and develop. A few planning authorities have now adopted that as best practice.

We genuinely believe that if there can be greater understanding and closer co-operation between local authorities and Gypsies, that is the best answer. It can help to reduce the number of instances in which Gypsies establish sites unlawfully, in some cases causing friction between them and the settled community.
 
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As I have indicated, and as the hon. Member for Bury St. Edmunds said that I would indicate, there is a range of controls. They are laid down in the Town and Country Planning Act 1990, which was amended by the Planning and Compensation Act 1991. First, there is the planning contravention notice. Secondly, there is the enforcement notice. Thirdly, there is the power to serve a stop notice. That has the immediate effect of stopping any activity that contravenes planning control guidelines where there are special reasons that justify doing that. If that is contravened, there is the possibility of being prosecuted in the magistrates court with a maximum penalty on conviction of £20,000.

Fourthly, there is the power to serve a breach of condition notice where there is a failure to comply with any condition or limitation imposed on a grant of planning permission. Fifthly, there is the ability to seek an injunction in the High Court or county court for breach of planning control. Finally, there are improved powers of entry on to land for authorised officers of the local planning authority to obtain information required for enforcement purposes. The hon. Member for Mid-Worcestershire referred to the temporary stop notice that we introduced in the Planning and Compulsory Purchase Act 2004. I noted that he said that, in the case he referred to, it may have had a beneficial effect if it had not been for the bank holiday.

The temporary stop notice will enable local planning authorities to take prompt action immediately to stop unauthorised development. It can be in force for up to 28 days. That allows planning authorities time to serve an enforcement notice to remedy the breach of planning control. We shall be consulting on regulations setting out under what conditions and in what circumstances the temporary stop notices can be used.

I referred to enforcement when my hon. Friend the Member for Nuneaton (Mr. Olner) raised the point about the time and so on. I am conscious of that and of a number of issues relating to the enforcement procedure. That is why we have undertaken a review of the planning enforcement system and we expect to make an announcement about the review later this year.

Equally, unauthorised encampments cause major concerns and problems for communities. My right hon. Friend the Prime Minister referred to those yesterday, speaking from his knowledge of his constituency of Sedgefield. Revised guidance on unauthorised encampments was published by the Office of the Deputy Prime Minister in February, and has been widely welcomed. With the Home Office, we have consulted on guidance on the new powers against trespassing that were introduced in the Anti-social Behaviour Act 2003, and that will be incorporated in the guidance.

When one or more caravans are parked on land without the consent of the occupier, the occupier has the common law right to remove them using reasonable force, or, which is advised, to seek a court order for their removal.

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