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Housing and Regeneration Act 2008 (Consequential Amendments to the Mobile Homes Act 1983) Order 2011

My Lords, I share the pleasure of the Gypsy, Roma and Traveller communities that the long-standing source of discrimination and harm caused by their lack of equal tenure rights on mobile homes has been put right by these orders. I congratulate the Government on the orders, but, as has been said by the noble Lord, Lord Avebury, and the noble and learned Lord, Lord Scott of Foscote, there are problems and I, too, am surprised that the Merits Committee did not make more of them. I want to add a few words on two provisions. The first, the outdated definition explained by the noble Lord, Lord Avebury, which was not flagged up in the consultation, would exclude a large number of Gypsy, Roma and Traveller residents—because, for instance, they want their children to have a continuous education, or they need regular healthcare—from the rights provided in the order. Two-thirds of the Gypsy, Roma and Traveller community live in settled accommodation from time to time at least. I really think that this must be put right. Could guidance do it? I do not see how it could, but what does the noble Baroness say? The second provision that I want to comment on effectively excludes all possessions actions from the last resort of justice at a court of law, as the noble Lord, Lord Avebury, said. I had thought that the Government’s intention was to drop the idea of arbitration being the final stage, so that everything could go to the residential property tribunals, with their last resort being the courts. The weakness of the order as it stands, as far as I understand it, is that the local authority can insert an arbitration agreement in contracts as a device to avoid any possibility of court action. I do not think that that is fair either, and that was not our intention when we moved the amendment that eventually brought this order about. I submit that this, too, needs amendment.