Agenda item

            The Committee considered the undernoted report:

“Relevant Background Information

      The purpose of the Caravans Bill is to introduce statutory protections for caravan owners who occupy a caravan as their main residence and caravan owners using seasonal sites.

      An officer response was forwarded to the Committee for Social Development on 2nd June 2010 by the Director of Legal Services.  Whilst broadly welcoming the provisions of the Bill on behalf of the Council, the Director of Legal Services sought clarification with regard to enforcement responsibilities under Part 3 ‘Protection of residential occupiers from eviction and harassment’.  In the original Caravans Bill, Part 2, ‘Provision for Protection of Occupiers of Caravans’ it was intended that district councils would have a role in the enforcement of the protection of occupiers of caravans.  This has been omitted in the redrafted Caravans Bill and there appears to be no explicit authority for any statutory body to enforce Part 3.  Given that such offences within the Private Rented Sector are enforced by district councils (by virtue of the Rent (Northern Ireland) Order 1978 as amended) and that district councils are responsible for licensing caravan sites (under the Caravans (Northern Ireland) Act 1963), it was suggested that the proposed legislation is amended to grant councils the power to investigate and prosecute complaints of harassment and eviction.

      Although the Department had stated that the Bill did not give rise to any issues of selectivity affecting any groups listed in Section 75 of the Northern Ireland Act 1998, the Director of Legal Services noted that good practice would dictate that Section 75 should be considered and the Council would urge that a full human rights impact assessment (including an Equality Impact Assessment) be conducted on the Bill as the legislation appears to affect the Traveller Community and potentially the elderly.

Key Issues

·         The purpose of the Caravans Bill is to introduce statutory protections for caravan owners who occupy a caravan as their main residence and caravan owners using seasonal sites.

·         The Director of Legal Services forwarded an officer response to the Department on 2nd June 2010.  A copy of this letter is attached.

·         There appears to be no designated enforcing authority for the provisions of Part 3 relating to the protection of occupiers against eviction and harassment.

·         The Council would recommend that district councils are given the power to investigate and prosecute complaints of harassment and unlawful eviction given that similar offences are enforced by district councils under the Rent (NI) Order 1978.

·         As the Bill appears to directly affect the Irish Traveller Community and potentially the elderly, the Council would recommend that a full human rights assessment be carried out.

·         The Director of Legal Services informed the Assembly Committee Clerk that the Bill would be considered by the Health and Environmental Services Committee in August and that any further views expressed by the Council would be forwarded to the Committee for Social Development for their consideration.

·         A copy of the Bill and Explanatory and Financial Memorandum can be obtained from the Assembly’s website –

http://www.niassembly.gov.uk/legislation/primary/2009/

nia17_09.htm

Resource Implications

      As there are no Residential Caravan Sites or Seasonal Sites in the BelfastCity Council areas there are currently no resource implications.

Recommendations

      The Committee is asked to endorse the letter of 2nd June 2010 from the Director of Legal Services to the Committee for Social Development in relation to the Caravans Bill.

Document Attached

      Appendix 1 – Letter of 2nd from the Director of Legal Services to Mr Peter McCallion, Committee Clerk, Committee for Social Development, Northern Ireland Assembly.

Appendix 1

      CARAVANS BILL

      I refer to the above and thank you for your letter dated 5 May 2010 in respect of the proposed Caravans Bill which was formally introduced to the Northern Ireland Assembly on 26 April 2010.

      BelfastCity Council welcomes the introduction of statutory protections for caravan owners who occupy a caravan as their main residence and caravan owners using seasonal sites.  The introduction of fair treatment and protection of the property rights of caravan users is positive and the Council broadly welcomes the provisions of the Bill.

      The Council seek clarification as to who will be responsible for enforcing Part 3 ‘Protection of residential occupiers from eviction and harassment.’  In the original Caravans Bill, Part 2, ‘Provision for Protection of Occupiers of Caravans’ it was intended that district councils would have a role in the enforcement of the protection of occupiers of caravans (by virtue of Section 7(4)).  This has been omitted in the redrafted Caravans Bill and there is no explicit authority for any statutory body to enforce Part 3.  Given that such offences within the private rented sector are enforced by district councils (by virtue of the Rent (Northern Ireland) Order 1978 as amended) and that district councils are responsible for licensing caravan sites (under the Caravans (Northern Ireland) Act 1963), it is suggested that the proposed legislation is amended to grant district councils the power to investigate and prosecute complaints of harassment and eviction. 

      In relation to this consultation, due to time constraints, officers have not yet had the opportunity to bring a report in relation to the draft bill to the Health and Environmental Services Committee.  The Head of the Health and Environmental Services Department will be taking a report to the Health and Environmental Services Committee in August 2010.  In the meantime, the above comments are the observations of the officers on behalf of the Council, but we will of course let you know if any further views are expressed once the matter has been reviewed by Committee. 

      The Department has stated that the Bill does not give rise to any issues selectively affecting any groups listed in Section 75 of the Northern Ireland Act 1998.  Good practice dictates that Section 75 should be considered and the Council would urge that a full human rights impact assessment (including an Equality Impact Assessment) be conducted on the Bill as the legislation appears to directly affect the Irish Traveller Community and potentially the elderly.

      I trust that this information has proved useful and I thank you for your interest in Belfast City Council’s position with regard to these issues

Yours sincerely

CIARAN QUIGLEY

Director of Legal Services”

            The Committee approved the response.