My Lords, I have found it helpful to have a further discussion on this matter, now that we are at Report. I listened carefully to the debate in Committee as well. All Members of this House are, I am sure, supportive of ensuring that the accommodation needs of Gypsy and Traveller communities are properly considered by local authorities. I have made it clear that this clause does not remove that duty. Local authorities will still consider the needs of these communities, and guidance has been provided to that effect.
I begin with the amendments, tabled by the noble Lord, Lord Beecham. I welcome the intentions of ensuring that Gypsies, Travellers and travelling show people have their needs considered, but I hope I can provide sound assurances that this clause does not remove that duty to do so. The clause makes clear that the needs of those persons who reside in or resort to the area, with respect to the provision of caravan sites and moorings for houseboats, are considered as part of the review of housing needs. This would include all those who are assessed at present and potentially those who simply choose to live in a caravan, irrespective of their cultural traditions or whether they have ever had a nomadic habit of life.
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We recognise that for many, but for travelling show people in particular, this assessment needs to include consideration of not only residential accommodation but space for the storage of equipment. That is why we have published draft guidance that makes this explicit. Furthermore, Planning Policy for Traveller Sites sets out that local planning authorities should have regard to the need of travelling show people for mixed-use yards to allow residential accommodation and space for the storage of equipment.
While we do not consider these amendments necessary, even on Report we are in listening mode. We will ensure that the concerns raised are considered when
finalising the guidance and that the specific needs of travelling show people for storage space continue to be clearly reflected. I hope I have reassured the noble Baroness, Lady Bakewell, the noble Lord, Lord Stunell, and my noble friend Lord Lansley to some extent, although probably not fully.
The definition in Planning Policy for Traveller Sites relates to the provision of sites and is relevant for those seeking planning permission for Traveller sites. It is based on proof of nomadism and ensures that planning provision relates to specific land-use requirements. The duty in the Housing Act is about assessing the housing and accommodation needs of all the community and those who resort to it, including those with or without an existing nomadic way of life and those who wish to resort to caravan and houseboat dwelling. We would not wish to align the housing definition with the planning definition as it would limit the scope of the assessment to those who proved an existing nomadic lifestyle.
Noble Lords and others have quite rightly raised concerns about human rights, and we are ever mindful of our obligations under domestic and international law with regard to the treatment of protected groups. I shall say a little more in a second about this. Before proposing this clause, Ministers gave very careful consideration to their public sector equality duties and to the need to ensure that local authorities understand their duty to assess the needs of those living in houseboats and caravans. This includes those with protected characteristics, such as Romany Gypsies and Irish Travellers, for whom it is recognised that caravan dwelling is a cultural part of their identity. We have therefore published draft guidance explaining how the needs of such groups should be considered under this revised legislation. The department is engaging with relevant stakeholders, who have been provided with a copy of the draft guidance, and officials will hold a liaison group meeting with them in June. The draft guidance has also been circulated to all local planning authorities through a chief planner letter. We want local authorities to assess the needs of everyone in their communities, and our clause emphasises that Gypsies and Travellers are not separate members of our communities. Local housing authorities will be able to consider how best to assess that need.
I shall answer some queries raised. The noble Baroness, Lady Whitaker, stated that local authorities will ignore the needs of Gypsies and Travellers or are minded to do so. Under the public sector equality duty, local authorities are required to ensure that their local plans address the needs for all types of housing and the needs of different groups in the community, including the groups that we have been discussing.
The noble Lord, Lord Beecham, said that the equality impact assessment failed to deal with equality impacts.