Government Listens to Gypsies and Travellers on Squatting

The Ministry of Justice has recently carried out a consultation process on proposals to criminalise squatting and has just responded following that consultation (Options for dealing with squatting – Response to Consultation 26th October 2011).

Many of those (including the writers of this article) who opposed the complete criminalisation of squatting, pointed out that the vast majority of squatting involves disused or derelict buildings (often ex commercial premises) and that there was already a sufficient array of criminal offences to deal with any problem cases that might arise. Homelessness charities also expressed concern about the effects on vulnerable groups of people. Indeed over 90% of respondents were opposed to the proposals. Nevertheless, the Government has decided to proceed and has stated that:

The new offence will be committed where a person is in a residential building as a trespasser having entered it as a trespasser, knows or ought to know that he or she is a trespasser and is living in the building or intends to live there for any period (p.36).

However, a number of groups (including Cardiff Gypsy & Traveller Project, Community Law Partnership, Garden Court Chambers and the New Traveller Association) had pointed out that any definition of a building which included land adjacent to a building might catch Gypsies and Travellers who, especially in urban areas, may have no alternative but to stop on disused land next to a building. We are pleased to report that the Government has listened to these concerns:

The Government noted concerns of groups representing Gypsies and Travellers that any new offence could criminalise Gypsy and Traveller encampments on land ancillary to the buildings protected by any new offence. Respondents indicated that it was quite common for Gypsies and Travellers to encamp on land outside disused factories and warehouses, particularly in urban areas. The Government has decided to limit the offence to residential buildings, however, and it will not extend to the land ancillary to those buildings at this stage (p.38).

Well done to all those who responded to the consultation on behalf of Gypsies and Travellers.

The campaign against the complete criminalisation of squatting in buildings continues. For more information, contact Squatters Action for Secure Homes (SQUASH) at www.squashcampaign.org

Chris Johnson, Travellers Advice Team (TAT) at Community Law Partnership.

TAT operates a Community Legal Advice funded telephone helpline which is available on 0845 120 2980, Monday to Friday 9am to 5pm.

Marc Willers, Garden Court Chambers.

Garden Court has a specialist team dealing with Gypsy and Traveller issues.

Simon Ruston, New Traveller Association (NTA).

NTA can be contacted at newtravellerassociation@gmail.com