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Trespass
19 April 2021
Lead MP
Katherine Fletcher
Responding Minister
Not recorded
Tags
Justice & Courts
Word Count: 12500
Other Contributors: 9
At a Glance
Katherine Fletcher raised concerns about trespass in Westminster Hall. Response awaited from government.
Key Requests to Government:
Ms Fletcher asks the Government to address concerns about unintended consequences of the proposed changes, particularly regarding wild camping, mountain biking, rambling, and other recreational activities in rural areas. She also seeks assurance that the legislation will not be manipulated to criminalise participants who get lost or stray accidentally.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
Opened the debate
Ms Fletcher is concerned about the proposed changes to legislation in the Police, Crime, Sentencing and Courts Bill that would criminalise intentional trespass. She notes that 134,932 people signed a petition against this change, including those from her constituency of South Ribble. The concerns raised include prosecuting ramblers who stray off paths accidentally, preventing wild camping for personal safety or enjoyment, limiting peaceful protest rights, and inhibiting new path forging in the countryside. She also highlights that 84% of respondents felt that criminalisation would have major or moderate effects on their lives. Furthermore, she argues that such legislation could disproportionately affect urban dwellers and minorities who already have less access to outdoor spaces.
Andrew Slaughter
Lab
Hammersmith and Chiswick
Mr Slaughter highlighted the unnecessary criminalisation of trespass in the Police, Crime, Sentencing and Courts Bill. He mentioned that if the petition had not been closed, it would have garnered many more signatures than the 135,000 already received. Mr Slaughter expressed concern over the risk of abuse by minority landowners who may wish to make the countryside a hostile place for those seeking recreation or residence. The Bill could also target Gypsy and Traveller communities, which are among the most marginalised groups in the country with poor health outcomes, education, and life expectancy rates. He noted that the lack of authorised sites for these communities exacerbates issues related to unauthorised encampments. Asked the Minister to explain why organisations like the Ramblers Association are not persuaded by the Government's view on trespass, addressed police concerns about provisions being sensible, and inquired about potential legal challenges based on equalities and human rights law cases such as Chapman v. UK and Bromley v. Persons Unknown.
Barbara Keeley
Lab
Worsley and Eccles South
Barbara Keeley expressed concern that criminalising trespass could deter people from accessing green spaces for recreation, particularly during the pandemic when visits to parks have doubled in the past decade. She highlighted that the proposed Police, Crime, Sentencing and Courts Bill includes provisions allowing individuals suspected of intending to reside on land without consent to be stopped by police, which could disproportionately affect disadvantaged communities already facing barriers to accessing countryside.
Catherine West
Lab
Hornsey and Friern Barnet
She highlighted the concerns of her constituents over the ability to enjoy outdoor spaces, emphasizing the importance of maintaining paths and signage for walkers. She also expressed worries about the potential impact on wildlife surveys and warned against discrimination towards the Gypsy and Traveller community.
David Simmonds
Con
Ruislip, Northwood and Pinner
Mr Simmonds supported tougher measures to protect land and property from trespass. He highlighted the work of Councillor John Warmisham in improving human rights law for Gypsy, Roma and Traveller people but argued that proposed strengthened measures would not restrict legitimate access. In his constituency, illegal encampments caused significant blight and disruption, including public defecation and extensive vandalism, leaving a massive clean-up bill of over £300,000.
Blackley and Broughton
Paying tribute to over 134,000 petition signatories who oppose criminalising trespass, Margaret Greenwood highlighted the importance of preserving access to the countryside through protest and tradition. She cited historical examples like Beatrix Potter's conservation efforts and the mass trespass on Kinder Scout in 1932 which led to significant legal reforms for walkers' rights. Concerns were raised about the Police, Crime, Sentencing and Courts Bill threatening these freedoms and impacting Gypsy, Roma, and Traveller communities who face difficulties finding authorised stopping places.
Martin Docherty
SNP
West Dunbartonshire
Clarified the law in Scotland regarding trespass, stating it is a civil wrong but not a criminal act. Emphasised the Scottish Government's commitment to improving lives of Gypsies and Travellers through a national plan signed by all parties and an investment package up to £20 million. Called for reflection on right-to-roam legislation and working with communities in England, Wales, and Scotland.
Mary Foy
Lab
City of Durham
Ms Foy expressed her concern over the Government's proposed measures in the Police, Crime, Sentencing and Courts Bill that target Gypsy, Roma and Traveller communities. She criticized the criminalisation of trespass as an attack on nomadic lifestyles and pointed out that 90% of police bodies had advised against these provisions.
Olivia Blake
Lab
Sheffield Hallam
Ms Blake highlighted the historical significance of the right to roam in her constituency, referencing Ethel Haythornthwaite and the Kinder Scout mass trespass. She argued against criminalising trespass and called for increased funding for legal sites for Gypsy, Roma, and Traveller communities instead.
Sarah Jones
Lab
Croydon West
Ms Jones thanked petition signatories and contributors, noting that over 140,000 people signed a petition against the Government's proposals. She highlighted concerns about criminalising trespass for unauthorised encampments, citing survey results where over 84% of respondents expressed major or moderate effects on their lives. The legislation is seen as targeting Gypsy, Roma and Traveller communities, with potential breaches of Human Rights Act 1998 and Equality Act 2010.
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About Westminster Hall Debates
Westminster Hall debates are a chance for MPs to raise important issues affecting their constituents and get a response from a government minister. Unlike Prime Minister's Questions, these debates are more in-depth and collaborative. The MP who secured the debate speaks first, other MPs can contribute, and a minister responds with the government's position.