Lords sign off coalition law to criminalise squatting

[Tony Gosling]

Lords fail to overturn plan to criminalise squatting
Published by Julien Tremblin for 24dash.com in 
Housing and also in Central Government, 
Communities - Thursday 29th March 2012 - 3:08pm
http://www.24dash.com/news/housing/2012-03-29-Lords-fail-to-overturn-law-that-criminalises-squatting
All amendments moved by Peers to overturn plans 
to criminalise squatting have been withdrawn or 
voted against in the House of Lords.
Under clause 145 of the Legal Aid, Sentencing and 
Punishment of Offenders Bill, people found 
squatting in residential properties – including 
empty properties - will face up to a year in jail or a £5,000 fine.
Liberal Democrat Baroness Miller of Chiltorne 
Domer had tabled an amendment that would have 
decriminalised squatters living in properties 
that have been lying empty for more than 12 months.
However, at the Third - and final - reading of 
the bill on Tuesday night, opponents to the 
amendment - including Baroness Northover - said 
there were many reasons why a property would 
remain empty for more than a year and that the 
measure would be problematic and create "unnecessary confusion".
Accepting criticism, Baroness Miller decided to 
withdraw amendment 36. She said: “I entirely 
agree with my noble friend that it is society's 
responsibility to look after the vulnerable - 
and, I would add, the homeless. That 
responsibility does not include criminalising 
them; that is where we part company.
“However, I see that Amendment 36 is problematic, 
and I accept the criticisms around the definition 
of "residential". We were trying to offer 
something that was slightly better than what was in the Bill.”
Baroness Miller's amendment had received the 
backing of several Labour and Liberal Democrat 
Peers in recent weeks who agreed that squatters 
living in long-term abandoned properties should 
be treated differently from those occupying properties currently in use.
A supporter of the amendment, Baroness Lister of 
Burtersett said on Tuesday: “They [the 
Government] accept that we must increase the 
number of empty homes brought back into use as a 
sustainable way of increasing the overall supply 
of housing. You could say that squatters are 
doing it for themselves, rather than waiting for 
the Government to get round to it.”
Another amendment put forward by Baroness Miller 
proposed to hold a consultation before section 145 is enforced.
The amendment stated: “Section 145 shall not come 
into force until the Lord Chancellor or the 
Secretary of State has consulted representatives 
of local authorities and such other persons as he considers appropriate."
Peers voted against the amendment by a large majority of 107 against 26.
Duncan Shrubsole, Director of Policy and External 
Affairs at Crisis, said: “We are obviously 
disappointed that the Government is going ahead 
with its plans to criminalise squatting in 
residential buildings given the concerns that 
Crisis, with the support of Baroness Miller and 
other Parliamentarians, have consistently raised 
as the likely impact on homeless people.
“We welcome the fact that the Minister committed 
to look at the issue of how this new law is 
implemented and to talk further to Crisis and others.
“Ultimately the best way to end squatting will 
not be through fines and criminal sanction but by 
ensuring all homeless people, not just those 
deemed in “priority need” get the help they need”.
In a statement, the Squatter’s Action for Secure 
Homes (SQUASH) said: "The time for lobbying is 
now definitely over and I doubt many within 
SQUASH ever want to do anything like it again. 
The whole process is alienating, demoralising and 
lacking common-sense. There are many battles 
ahead for squatters and poor people across the country."
During the debate on Tuesday, Baroness Miller 
said: “The housing is not there and cannot be 
created in an instant. Therefore, there will be a 
group of people who will face very difficult 
decisions about whether to stay in a squat and be 
criminalised, to sleep rough or to present 
themselves to their local authority."
The Bill will now move on to the House of Commons.
Lords fail to overturn plan to criminalise squatting
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