§ Mr. HoyleTo ask the Secretary of State for the Environment, Transport and the Regions (1) what plans he has to make damage to sites by travelling people a criminal offence;[31050]
(2) what plans he has to introduce compensation for private landowners and local authorities who have had damage done to their property by travelling people. [31051]
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§ Mr. RaynsfordI have considerable sympathy for landowners who suffer from damage to their land from unauthorised encampments.
We have no plans to make damage to land by travelling people a specific criminal offence, nor to introduce compensation for private landowners and local authorities who have suffered damage to their land. Trespassers on land are bound by the general criminal law as is anyone else. If they behave in a threatening or violent way, or commit offences such as criminal damage, the police may take appropriate action to deal with them.
Section 61 of the Criminal Justice and Public Order Act 1994 enables the police to direct trespassers to leave land if there are two or more persons present with the common purpose of residing there, and if any of the persons has caused damage to the land or to property on the land, or has used threatening, abusive or insulting behaviour towards the occupier, a member of his family or an employee or agent of his; or if the trespassers have between them six or more vehicles on the land. Failure to comply as soon as practicable with a direction to leave, or return to the land as a trespasser within 3 months of the date of the direction, are offences attracting a maximum fine of £2,500, or a maximum 3 months' imprisonment, or both. An offence under section 61 envisages serious nuisance having been caused, or being likely. It therefore carries a higher maximum penalty than an offence under section 77, of failing to comply with a local authority direction to leave land.
Local authorities have long been advised by my Department to consider providing emergency stopping places where gipsies can camp for short periods whilst visiting their area. The provision of such sites on council land, with basic sanitary and refuse collection facilities, may help to deter gipsies from camping on more unsuitable public or private land and from causing a nuisance to local people.
§ Mr. HoyleTo ask the Secretary of State for the Environment, Transport and the Regions if he will list the powers available to(a) local authorities and (b) private landowners to remove travellers from their land. [31052]
§ Mr. RaynsfordSection 77 of the Criminal Justice and Public Order Act 1994 gives all local authorities in England and Wales powers to direct any unauthorised campers to leave land where they are camped without consent. Failure to leave the land as soon as practicable when directed to do so, or return to the land with a vehicle within 3 months of the date of the direction, are offences attracting a maximum fine of £1,000.
It is open to any private landowner to ask his local authority to use their discretionary powers in section 77 of the 1994 Act to direct unauthorised campers to leave his land. If the authority choose not to do so, it is open to the private landowner to seek repossession of his land through the civil courts.