New clause 5 - Removal of unauthorised encampments and waste
Anti-social Behaviour Bill
2:30 pm
Mrs Liz Blackman (Erewash, Labour)
Thank you, Mr. Cran.
My hon. Friend the Member for Wallasey argued that travellers should be accorded the same human rights as others, but that human rights considerations did not prevent the use of the law to prevent illegal trespass leading to antisocial or criminal behaviour. She said to the right hon. Member for Bracknell (Mr. Mackay):
''The right hon. Gentleman might be interested in a recent case in the High Court in which section 61 of the Criminal Justice and Public Order Act 1994—the part that encompasses police powers—was challenged and found not incompatible with the Human Rights Act 1998. I hope that that is another reassurance that he will take away with him. Each operation by the police is subject to challenge on the same grounds, so the police must bear the Human Rights Act in mind. However, within the context of what I have just said—that all people's rights are equal in our society—if people behave in an antisocial or criminal way, or in some of the ways that the right hon. Gentleman outlined, the full force of the law can and should be brought to bear.''—[Official Report, 15 January 2002; Vol. 378, c. 67WH.]
That is quite clear. The point at issue is therefore enforcement, which is the subject of the new clauses and of our concerns.
The Government have none the less recognised that police powers need to be beefed up so that they can challenge unauthorised campers. Consultation is under way on guidance on how to do precisely that. Will the Minister let the Committee know how that consultation is proceeding? The intention behind the guidance is clearly to enable the police, the local authority and all parties concerned about such dire behaviour to deal with it more effectively. I hope that he will accept the intention behind the new clauses, which is to achieve what we all want.