HC Deb 26 July 1983 vol 46 c374W
Mr. Greg Knight

asked the Secretary of State for the Home Department if he will introduce legislation to strengthen the powers available to police officers in relation to itinerants who are wilfully trespassing on open land; and if he will make a statement.

Mr. Mellor

Under the Caravan Sites Act 1968, there are already powers to remove caravans unlawfully stationed on land in a designated area which are backed by a power of arrest exercisable by a constable in uniform. The law on this matter is the responsibility of my right hon. Friend the Secretary of State for the Environment. The police may at present also lawfully assist the rightful occupier of property to eject trespassers, although they are under no duty to do so unless there is the prospect of a breach of the peace. We are currently considering the need for changes in the criminal law relating to trespass in the context of trespass on residential premises and adjoining land and in the light of comments received on a consultation paper issued on 2 February.

Mr. Greg Knight

asked the Secretary of State for the Home Department what representations he has received requesting a change in the law concerning trespass upon open land particularly with regard to interants and others who take up residence thereon without permission; if he is satisfied with the law as it presently stands; and if he will make a statement.

Mr. Mellor

We have received this year 22 letters from hon. Members, organisations and members of the public about the law concerning trespass upon open land, of which four related particularly to gipsies taking up residence without permission. The rest were evenly divided over whether a change in the law on trespass on open land generally is desirable. My right hon. Friend the Secretary of State for the Environment, who is responsible for the law relating to siting of gipsies' caravans, also receives representions from time to time. We are currently reviewing the criminal law relating to trespass on residential premises and we will announce our conclusions in due course.

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