Travellers' Camps (Skegness)

Part of Petition – in the House of Commons am 11:12 pm ar 28 Mawrth 2001.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Charles Clarke Charles Clarke Minister of State, Home Office 11:12, 28 Mawrth 2001

I congratulate the hon. Member for Boston and Skegness (Sir R. Body) on securing the debate and apologise to him for some of the matters that he raised at the beginning. I certainly did, as I thought, postpone the meeting that I was to have with him and his constituents, and I did so at late notice. My normal practice is to offer alternative dates, and I am sorry if that did not happen this time. I know, for example, that I have postponed a couple of meetings with a group of Members of Parliament for Dorset and the chief constable of Dorset to discuss the situation in Dorset, and I know that that meeting is in my diary for next week, so I am not quite sure what happened in this instance, but I apologise for any discourtesy and am very happy to debate the issue now.

It is my practice—I have observed it a great deal since I have been a Minister at the Department for Education and Employment and at the Home Office—to meet delegations led by Members of Parliament because I believe that to be an important part of a Minister's job. I am therefore particularly upset that what happened on this occasion caused distress.

Unfortunately, I have never been to Skegness—it is a shaming apology to have to make. I have been to the other side of the Wash on many occasions, but I have not been to Skegness. The hon. Gentleman is right to say that I have much experience of the consequences of such a traveller invasion, because over the new year 2000 a similar invasion happened in Yarmouth. It had exactly the effects that he described at Skegness. It led not only to expense—at one level that is trivial, but not in reality—but to fear and an extretnely unpleasant and damaging atmosphere in the town.

Yarmouth district council and Norfolk police applied for orders, which were agreed by my right hon. Friend the Home Secretary, to prevent travellers from massing in Great Yarmouth over Easter and Christmas last year. I am in some difficulty tonight because we have heard today that East Lindsey district council has issued a press release, saying that because of intelligence indicating that a large number of travellers are coming to Skegness over Easter, an application for an order under section 14A of the Public Order Act 1986, prohibiting trespassory assemblies in that area, has been sent to the Home Office.

The hon. Gentleman will understand that I cannot prejudge my right hon. Friend's decision, but I can give an assurance that he will take that decision extremely rapidly so that action can be taken on the basis of it. I can also assure the hon. Gentleman—if he was making the remark in anything other than a mischievous spirit—that there is no suggestion of decanting travellers from Norfolk to other places on the east coast. The issue will be considered entirely on its merits, which is how it should be. I will ensure that the hon. Gentleman receives information about my right hon. Friend's decision immediately after he takes it.

The powers are necessary for the reasons that the hon. Gentleman mentioned. There is concern about large numbers of travellers descending on a town in the manner that he described. I understand that the encampment, although on the whole peaceful, produced a number of the results that he described, such as antisocial behaviour and other offences. The Government are clear that no criminal activity should be tolerated in respect of travellers and that they should be treated just like anyone else. There should be no sense that traveller communities are outside the law of the land; they are dealt with by the law in very precise ways. Indeed, the Home Office recently issued joint guidance with the Department of the Environment, Transport and the Regions, making it absolutely clear, beyond peradventure, that that was the case.

The law should be enforced for travellers as for all other sections of the community. It is for the police to ensure that any offence is properly investigated and that the law is enforced, but the police and local authorities have powers to direct trespassers to leave land when certain statutory conditions are met. It is an operational matter for the police to decide when and whether to use those powers. Perhaps it would be helpful in informing the debate if I were to explain some of the background.

Under section 61 of the Criminal Justice and Public Order Act 1994, the police have the power to remove people who are trespassing with intent to take up residence, and who have been asked to leave by the landowner. That is a serious power, which can be used when certain conditions are met: when the trespassers have more than six vehicles on the land or when they have caused damage, or used threatening, abusive or insulting behaviour towards the landowner or person acting for him. The police and local authority powers to direct trespassers to leave land under the 1994 Act are discretionary.

The power included in the 1994 Act under section 14A of the Public Order Act 1986 has been used on a number of occasions. I have mentioned the Norfolk police examples, but Wiltshire police gained an order on several occasions to prohibit trespassory assemblies in the Stonehenge area during the summer solstice celebrations—a different type of event from that to which the hon. Gentleman refers. Kent police have gained an order prohibiting trespassory assemblies in Horsmonden to prevent a horse fair, and there are a few other examples of the police using such powers.

Section 14A of the 1986 Act can be used where the chief officer of police believes that an assembly is intended to be held in any district at a place on land to which the public have no right of access or only a limited right of access and that the assembly, first, is likely to be held without the permission of the occupier of the land, or to conduct itself in such a way as to exceed the limits of any permission that he has given or the limits of the public's right of access; and, secondly, may result in serious disruption to the life of the community—which may be the sort of issue to which the hon. Gentleman refers—or where the land, or a building or monument on it is of historical, architectural or scientific importance, if significant damage to the land, building or monument may result. Those are the basic conditions under which the provisions of 1986 Act can be operated.

I cannot prejudge my right hon. Friend's decision on the application, but I can assure the hon. Gentleman that we shall address the situation very effectively. I understand that Lincolnshire police have agreed with a number of other east coast forces to form a joint operation, which would pool resources and apply the same robust approach to incursions anywhere in the joint area using available legislation and intelligence, so that traveller movements can be better anticipated in future.

I wish to say a word about intelligence. It has been difficult to predict where groups of travellers will assemble on significant occasions, such as Easter and new year, and we are actively considering ways of improving our capacity to do that. The Lincolnshire police initiative is one example of that. I do not accept that the decision of Yarmouth and Norfolk police necessarily led to the travellers being decanted to Skegness in the way that has been suggested. However, an approach that simply leads to the problem moving from one place to another is not an appropriate way of proceeding. That is why we welcome the joint approach in which Lincolnshire police and other forces are engaged. We shall support that approach in whatever way we can.

I think that I have said what I can say about the issue tonight. I reaffirm that we shall take a decision as rapidly as we conceivably can and that we shall take full account of the context of the application made by the police and East Lindsey district council. We will also take account of the points that the hon. Gentleman has made in the debate and we will communicate with him as soon as we take a decision, whatever that decision may be.

I hope that the hon. Gentleman will appreciate that I am not able to prejudge what my right hon. Friend the Home Secretary will decide when he receives the application, but I can give the hon. Gentleman the assurance that the matter will be dealt with expeditiously.