Private Members' Bills
4 Trespassers
on Land (Liability for Damage and Eviction) Bill
| Date introduced to the House of Commons
Current Bill Number
Previous Reports
| 7 January 2004
House of Commons 33
None
|
4.1 This Bill is a private Member's Bill introduced to the House
of Commons by Mr Gerald Howarth MP. Clause 1 would make a person
trespassing on a site with the intention of residing there liable
for any damage caused to any land or property on land within 100
metres of the natural or artificial boundary of the site, whoever
caused the damage. Clause 2 would amend the Criminal Justice and
Public Order Act 1994 to allow a duty to be imposed on a Chief
Constable to remove people and their vehicles from land if they
are trespassing there with the purpose of residing there for any
period after reasonable steps have been taken by or on behalf
of the occupier to ask them to leave. The local authority would
have power to hold vehicles and property for up to three months,
or longer if a renewal is authorised by a magistrates' court,
and may sell them if necessary to recoup the cost of reimbursing
the landowner for damage caused by the trespassers and not made
good by them. Clause 3 would require the Secretary of State to
maintain a register of persons of no fixed abode, including those
describing themselves as travellers.
4.2 The provisions of clauses 1 and 2 may give rise
to discrimination against gypsies in respect of their access to
locations for residing, potentially infringing their right to
be free of discrimination in relation to the protection of their
right to respect for private life and the home under ECHR Article
14 taken together with Article 8. Such discrimination may be justified
if it is rationally and objectively related to a legitimate aim
and is proportionate to that aim. Protecting the rights of occupiers
of land is a legitimate aim, and the measures in clause 2 appear
to be rationally and objectively related to that aim. However,
clause 1 may go further than is proportionate to the aim in so
far as it imposes liability on a residential trespasser for all
damage, whoever was responsible for it, and even if it occurs
outside the limits of the site.
4.3 The proposed duty to maintain a register of persons
of no fixed abode also seems to us to be aimed particularly at
gypsies and other travellers. It is not clear what the purpose
of this register is to be, but we are concerned that it could
be used to allow public authorities to interfere with the enjoyment
and protection of Convention rights by gypsies, giving rise to
the possibility of incompatibility with both substantive rights
and the right to be free of discrimination in the enjoyment and
protection of those rights under ECHR Article 14.
4.4 We draw these matters to the attention of
each House.
Bills not requiring to be drawn
to the special attention of either House on human rights grounds
Government Bills
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