Legislative Consent Motion on the Police, Crime, Sentencing and Courts Bill: Motion 1 and Legislative Consent Motion on the Police, Crime, Sentencing and Courts Bill: Motion 2

Part of the debate – in the Senedd at 6:40 pm on 18 January 2022.

Alert me about debates like this

Photo of Jenny Rathbone Jenny Rathbone Labour 6:40, 18 January 2022

Breaking the law is an important part of protest, if the matter deserves it. And many of the people who break the law in the cause of social justice end up becoming prime ministers or presidents, so we need to think about that very carefully. I thank the Welsh Government for allowing the LCM to be split into two separate votes. I'm content to provide consent to some perfectly unremarkable proposals that safeguard communities.

Part 4, on the other hand, which affects the Gypsy and Traveller community is an abomination, because it sets out to make trespass with intent to reside a criminal offence, with the deliberate intent to discriminate against Gypsies, Roma and Travellers, ethnic groups who are or should be protected by the Equality Act 2010. Instead, the intention of Part 4 of the Bill is to persecute them for their way of life. As currently drafted, it would result in families with no legal place available to park their vehicles having their homes seized, depriving them of their bedding, their cooking facilities and the means to keep them warm, as well as their transport and their tools, which would prevent them from earning their living. I hope that Members of the Senedd will withhold consent for this disgraceful section of this police Bill, but I hold little hope that the current UK Government will pay any notice to these concerns. It is extremely likely that they will railroad these proposals through the House of Commons as part of their 'save big dog' campaign to deflect from their lying, rule-breaking practices.

It's also a wake-up call for the Welsh Government. Part 3 of the Housing (Wales) Act 2014 places a legal obligation and a statutory duty on local authorities in Wales to both assess need and provide residential and transit provision for Gypsy and Traveller communities in their area. I was involved in the scrutiny of this legislation, so I vividly recall the assurances from the then Minister, Carl Sargeant, that Part 3 of the Act would be made to stick. So, Minister, which local authorities provide sufficient residential sites, with access to schools, health and other public services, never mind sufficient stopping places, for the Gypsy, Traveller and Roma communities to be able to go about their way legally?

I believe that eight years after the 2014 housing Act, there are still three local authorities that are yet to provide any residential sites at all, and that has to change. The pathetic excuses we heard last year from the Member for the Vale of Clwyd, still a Denbighshire councillor, that there is nowhere in the whole of Denbighshire suitable either for stopping or for permanent Gypsy and Traveller sites—that's simply not credible. It's a disgraceful failure of leadership. And even if they have no sense of public duty, they perhaps might be inspired by the realisation that if Gypsies and Travellers become destitute, it will fall on local authorities to take their children into care with all the distress and costs that that will involve.

We know that the police are not keen to implement such a measure. Four in five police forces in Britain opposed these proposals in the consultation in 2018, saying that the current law is proportionate and sufficient to deal with unauthorised encampments that are causing a nuisance. They oppose the criminalisation of this community and so should we. No legal place to park is not the fault of the Gypsy, Traveller and Roma communities; it's the failure of local authorities—both local and national—to act. I want to know what action the Welsh Government will take against Welsh local authorities that continue to ignore their local obligations whilst we vote against this appalling measure.