Government anti-squatting law awaits passage in House of Lords
On Tuesday 1st November, the government passed a bill (the Legal Aid and Sentencing Bill) which includes a new law which will make squatting of residential property a “criminal offence” with up to 51 weeks imprisonment, as opposed to a ‘civil matter’ as it is now. This is despite the fact that legislation already exists to protect residents from having their home squatted, namely Section 7 of the Criminal Law Act 1977 in which it is already a criminal offence to squat someone’s home. Last month, 158 leading legal figures wrote an open letter which was published in The Guardian highlighting this fact.
Critics point out that this new law, which awaits passage through the House of Lords, will criminalise homelessness and the vulnerably housed. A recent study by Sheffield Hallam University said ending so-called squatter's rights would criminalise homeless people who usually occupied disused or abandoned properties as a last resort after being turned away from hostels and shelters.
Homeless charity Crisis, trade unionists and student leaders have warned that the new powers making trespass a criminal rather than a civil offence could also outlaw occupation-style protests and sit-ins and lead to some of the most vulnerable homeless people sleeping rough.
The government attached this amnedment onto the bill at the last minute, seeming to have in effect bypassed the democratic process in not allowing any meaningful opportunity for public debate on the specific proposal. It seems clear that the government have ignored the results of their own consultation (Ministry of Justice) ‘Options for Dealing with Squatters’ which came to an end on October 5th. Of 2,217 responses, over 90% of responses argued against taking any action on squatting (results table published on Squash’s website).
Meanwhile, separate to this but worth mentioning in this context, proposed changes to remove legal aid to people trespassing on land will according to the Community Law Partnership negatively affect the Gypsy & Traveller community in large numbers. Read here.
On the evening of Monday 31st October, squatters, housing activists and campaigners from SQUASH organised a MASS SLEEP-OUT occupation in Central London, eventually settling at Old Palace Yard near Parliament Square, having first met up at 6.30pm outside High Street Kensington Tube Station (nearby the offices of the Evening Standard where they held an impromptu action outside). Unfortunately, at Old Palace Yard, the police presence for the 100+ people in the occupation was large and the occupation was encouraged to not settle. Of the half the number who stayed, 13 were arrested under section 132 of the Serious Organised Crime and Police Act (SOCPA), on the grounds that it was an "unauthorised" demonstration within 1km of parliament which under SOCPA is a criminal offence. Report here.