Trespass

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I beg to move,

That this House has considered e-petition 300139, relating to trespass.

It is an honour to serve under your chairmanship, Mr Bone. I have demonstrated that not all talents are distributed equally, as I have managed to pour water all over my speaking notes. If there is any disintegration of these words, I beg your forgiveness.

This debate is about how we access the countryside, how much we value it and what laws should govern that access. The petition proposes changes to legislation currently going through Parliament. In short, it asks that we do not criminalise trespass. Before its closure in September last year, the petition had been signed by 134,932 people, 185 of whom are from my own fabulous patch of South Ribble.

In seeking to represent fairly the different sides of this complex debate, I met a number of individuals and organisations to hear their views. I am particularly grateful for their time and expert insight. My sincere thanks go to the petition’s originator, Guy Shrubsole; Gemma Cantelo, representing the views of the Ramblers; Abbey Kirkby, for sharing her thoughts from the Traveller community; as well as George Dunn, from the Tenant Farmers Association; Sam Durham, from the National Farmers Union; and Andrew Gillett, from the Country Land and Business Association.

With those thanks over, let me take a step into the detail of this debate. My right hon. Friend the Minister has stated that the Government

“made a clear manifesto commitment to act on the issue of unauthorised encampments and…remain determined to ensure police have the powers they need.”

As a result, the Police, Crime, Sentencing and Courts Bill introduces intentional trespass as a criminal offence. The “Don’t criminalise trespass” petition was set up by Guy as he has a series of concerns about unintended consequences for countryside lovers and those who seek to reside in it. In his view, criminalising intentional trespass could lead to, although not exclusively: prosecuting ramblers who stray from the path by accident—I am sure that is something that the Minister, the Chair and all of us in this room have done, although I confess that I am normally in possession of a mountain bike and a rucksack when issuing unfettered apologies for being in the wrong part of the countryside—preventing participation in wild camping, even for personal safety or enjoyment; limiting the right to peaceful protest; and forging new paths in the countryside. Guy is also keen to highlight the wider implications of criminalising intentional trespass on the lives of Traveller communities across the country.

It is a pleasure to be before you in Westminster Hall, Mr Bone. I thank the Petitions Committee for facilitating the debate, which has come slightly later than we envisaged—it was due to take place in January. If anything, it is now more relevant, as the hon. Member for South Ribble (Katherine Fletcher) said.

We have had Second Reading of the Police, Crime, Sentencing and Courts Bill, and we heard the arguments put forward then. I must compliment the hon. Lady on putting forward a balanced argument, but in her effort to do that, what shone through was how strong the arguments are on the side against this wholly unnecessary provision, which is being included in the Bill for reasons on which I will speculate in a moment.

There is no reason for the provision. If the petition had not been closed, as they are after six months, I am sure that we would by now have had many more than the 135,000 signatures. Lots of groups are threatened by the criminalisation of trespass: ramblers, who have been mentioned; off-road cyclists; canoeists; wild campers; those who are forced to live in a vehicle because of homelessness or other circumstances; and those who care about and want access to the countryside.

In their response to the consultation on the Bill, the Government have implied that many of those groups are not the target. Two questions spring from that. First, the Government have not persuaded anyone. As the Ramblers said in the briefing for this debate, the legislation is vaguely drafted and many of the proposals are unclear in both scope and reach, which risks criminalising activities such as wild camping when accessed by a motor vehicle or bicycle, as well as the legitimate right to protest. The Bill would allow the police to take action on an officer’s suspicion that someone might intend to reside. It would give the minority of landowners who might wish to make the countryside a hostile place for those seeking to enjoy it for recreation a powerful new tool to deter users. The potential for abuse of the legislation is obvious and significant. The Bill would send a signal that the countryside is not an open resource that is accessible to all, but a place of complex rules and regulations, with criminal sanctions for breaching them.

It is a pleasure to serve under your chairmanship, Mr Bone. As we consider the important matter of illegal encampments and unauthorised access to land, may I commend my hon. Friend the Member for South Ribble (Katherine Fletcher) for her eloquent and balanced introduction to the debate? It is important that I be clear from the outset that I and my constituents strongly support the introduction of tougher measures to protect land and property from trespass, whether it belongs to private individuals or the taxpayer in the form of central Government or local authorities.

I pay tribute to the work of Councillor John Warmisham, the Labour leader of the UK delegation at the Congress of Local and Regional Authorities in the Council of Europe, who has led work for many years at an international level to improve the way in which human rights law, as administered by local authorities and regional governments, treats Gypsy, Roma and Traveller people. His work has been very important in informing my thinking on the subject and my approach to the petition today.

There seems to be no evidence that the proposed strengthened measures would deter anyone from lawful access to private land. Ramblers, walkers and riders do not see their legitimate and time-honoured access restricted by what the Government propose. It is very clear, as my hon. Friend the Member for South Ribble said, that powers to prosecute are triggered only in circumstances where someone is present where they have no right to be, and when they refuse to leave when asked.

In my constituency, on the edge of London, we have many popular walking and rambling paths, mountain bike routes and bridleways. The users of these amenities, many of which are maintained by private landowners as part of the good husbandry of their holdings, should have no fear that they will be negatively impacted. It is also clear that the law in Scotland might offer a model to consider, and I know that the Government have been consulting on that. Trespass is a criminal offence, but legitimate use of the property is included. Other Members may disagree with that, but that is the legal interpretation that I saw in the briefing note. I look forward to being enlightened.

It is a pleasure to serve under your chairmanship this afternoon, Mr Bone. I am pleased to have the opportunity to speak in this important debate.

I would like to begin by paying tribute to the more than 134,000 people, including 149 of my constituents, who signed the petition “Don’t criminalise trespass”. The petition set out that the Government’s manifesto stated that the Conservative party

“will make intentional trespass a criminal offence”.

It pointed out that it is

“an extreme, illiberal & unnecessary attack on ancient freedoms that would threaten walkers, campers, and the wider public.”

It expressed concern that that would, among other things,

“Criminalise ramblers who stray even slightly from the path …Criminalise wild camping, denying hikers a night under the stars”.

The petition shows great strength of feeling on this issue, which is part of our great tradition in this country of securing access to the countryside through protest. We have an incredibly important tradition of accessing the great outdoors, and are richly blessed with the diversity of landscapes that we can enjoy. That tradition is in activities such as walking, cycling, kayaking and mountaineering; it is in the activities of brownies, girl guides, cubs and scouts, and it is in our culture through the poetry of Wordsworth and the paintings of Turner, to name just two of the many artists and writers who have found inspiration in the power and grandeur of the natural world.

We have wonderful national parks, such as Snowdonia, the Lake District and the Peak District. The last one became the first national park in the UK almost exactly 70 years ago, on 17 April 1951. Our national parks give us access to breath-taking coastal scenery, such as that in Pembrokeshire, the south downs and the North York Moors. In my constituency, there is Caldy Hill, Thurstaston Common, Irby Hill and Harrock Wood, all owned and cared for by the National Trust, which does such an important job preserving such areas for the benefit of local people and visitors.

It is a pleasure to serve under your chairmanship, Mr Bone, and to contribute to this important debate. It is also a pleasure to highlight the 600 signatures from Hornsey and Wood Green on the petition—clearly my constituents are concerned about their ability to go about in and enjoy the great outdoors.

We are blessed with parks and walks in Hornsey and Wood Green, but none as lovely as being outside London and enjoying a quiet walk. During the pandemic the desire to be outdoors has been heightened because of the impact of the loneliness of coronavirus on mental health. It has been lovely for our friends and families to walk in and explore the countryside. I hope that the Government will have a rethink on the matter, and I note a number of campaigns and newspaper articles calling for that. The Ramblers Association, which is a well established group, is one of those calling for a rethink so that we can fully enjoy the outdoors—particularly in the summer months as we go towards another year, possibly, of holidays at home—without the fear of being told we are trespassing.

The proposals risk putting a stop to some of the walks that we enjoy so much, with landowners closing off swathes of remote countryside. Furthermore, some local authorities do not look after paths and maintain tracks; the measures will be a disincentive to them when it comes to doing that and showing signage. The enjoyment of a walk can be slightly spoiled by getting lost, which can lead to trespass, and that can happen if local authorities do not look after paths well. I hope that the Minister, who, of course, has a background in local government, will take note and perhaps send round a little note to local government leaders asking for paths to be looked after, so that there is not a risk of trespass and so that people can walk with proper signage, and enjoy their ramble.

I emphasise that there are some naturalists who desire to carry out wildlife surveys. Some scientists have warned that the measure we are debating could prevent some of the basic science through which we get our love of science and nature. It cannot be stressed enough how vital it is for people to have access to nature and the open countryside.

I am glad to speak in this debate with you in the Chair, Mr Bone. This debate is important and timely as we await the Committee stage of the Police, Crime, Sentencing and Courts Bill. The proposals around the criminalisation of trespass are deeply concerning, and I want to focus today on an area of them. There is real concern that these proposals will have the effect of deterring people from accessing the countryside for recreation.

We have seen during the pandemic that access to green space and the countryside is central to promoting people’s physical and mental wellbeing, but access to green space has too often been the preserve of a small number of more privileged groups. Over the past year, we have begun to see a broadening of access as more people seek out green spaces and visit the countryside. It is vital that this is promoted, rather than suppressed. I am concerned that the provisions in the Bill could deter people who seek to access green spaces for entirely legitimate reasons.

Key to the issue is the provision that allows people to be stopped by the police if they are suspected of intending to reside on land without consent. This power is so broadly defined that it could cover people on wild cycling trips who intend to camp on open land such as moors or hillsides. It would give the small number of landowners determined to discourage public access to the countryside a powerful tool to make it a hostile place.

The potential for abuse of this legislation is obvious. The impact of this measure on trespass would be to create an image of the countryside as a place governed by complex rules and regulations, with criminal sanctions for breaching them. This will particularly deter people who already have more negative experiences of the criminal justice system, especially people from diverse communities who already face more structural barriers to accessing the countryside. The end effect of these proposals is likely to be fewer people accessing the countryside.

It is a pleasure to serve under your chairmanship this afternoon, Mr Bone. It is with great sadness that I speak to the House on this subject again—it seems that when it comes to Gypsy, Roma and Traveller communities, the Government never learn. The Police, Crime, Sentencing and Courts Bill contains many authoritarian measures, but none so pernicious as those aimed at GRT communities.

I was saddened to come across the most awful racism on Twitter this week in relation to the Channel 5 programme “Here Come the Gypsies!” It was sickening to read the way in which people were displaying their prejudices, many without any challenge, but of course there is a political context to this hatred. As we know, the Police, Crime, Sentencing and Courts Bill includes measures to

“Strengthen police powers to tackle unauthorised encampments, where trespassers cause distress and misery to local communities and businesses.”

Of course, as Members have mentioned, the criminalisation of trespass is a direct attack on the nomadic lifestyle of many Gypsies and Travellers. Police forces across the country have specifically asked not to be given these powers on trespass, as they realise that such powers attack the lifestyles of groups who are often voiceless and who do not have a choice over where to stop.

When the measures to criminalise trespass were consulted on by the Government, over 90% of police bodies said that the provision of additional legal sites for encampments, rather than additional criminal powers, should be the approach taken by the Government, so why are seeing this unthinking and vicious anti-Traveller legislation once again? It starts from a lack of education: politicians and legislators do not understand and, worse still, do not try to understand the problems faced by Gypsy, Roma and Traveller communities trying to balance their nomadic traditions with the need for services and the constant hostility wherever they settle. At the heart of this is a form of racism.