Letter from the Chair of the Committee
to Rt Hon Michael Wills MP, Minister of State, Ministry of Justice,
dated 3 March 2010
Security of Tenure for Gypsies and Travellers
(Connors v UK)
The Joint Committee on Human Rights is continuing
its practice of reviewing the Government's response to the implementation
of judgments of the European Court of Human Rights.
In our past three reports on this issue, we
considered the Government's response to the decision in Connors v UK
that the lack of security of tenure offered to gypsy and traveller
communities in England and Wales was incompatible with right to
respect for home, private and family life guaranteed by Article
8 ECHR. In our first two reports, we regretted the Government's
delay in respect of this judgment, which was delivered in 2004.
In our last report, and in our report on the Housing and Regeneration
Bill, we welcomed the introduction of Section 319, Housing and
Regeneration Act 2008, which would extend the application of the
Mobile Homes Act 1984 to gypsy and traveller sites, as an effective
remedy.
In your letter to us dated 30 September 2009
you said that this provision will "complete the implementation
of this judgment" and that "the order bringing this
provision into force in England is expected to be laid before
Parliament in the autumn."
It has been drawn to our attention that Section
318 has not yet been brought into force and that the Government
has indicated that it will not now be brought into force before
the General Election because there is insufficient parliamentary
time.
I would be grateful if you could explain:
(a) Whether the Government intends to bring Section
318, Housing and Regeneration Act 2008 into force before the end
of this Parliament?
(b) If so, when the Government intends to introduce
the relevant order.
(c) If not, please provide a full explanation
of the Government's reasons for delay in this case, including
why a statutory instrument which is necessary in order to complete
the implementation of a judgment of the European Court of Human
Rights is not regarded by the Government as a priority.
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