Penwith replies to migrant worker questions

Penwith District Council has now responded to The St Ivean's questions about the eviction of Polish migrant workers in Penzance reported in the Cornishman newspaper on February 14. The St Ivean's questions also appeared in the Cornishman's letters page on February 21.

Penwith's response is a letter (and below) published in today's Cornishman from Penwith's Head of housing, health and community safety, Allan Hampshire.


'Further to the report published on February 14 and the subsequent letter published on February 21, regarding the recent closure of properties used for the accommodation of migrant workers under Operation Westport, which commenced on January 28, 2008, I write to clarify the following points: This was a joint operation between numerous agencies (the Gangmaster Licensing Authority, Devon and Cornwall Police, VOSPA, the Fire Service, Cornwall County Council, Penwith and Kerrier District Councils and Stonham Home);

Fire safety officers actually closed the properties under their Regulatory Reform (Fire Safety) Order 2005, although Penwith District Council sought and served the Warrants to Enter the properties under the Housing Act 2004;

The property concerned was clearly overcrowded under the statutory Housing Health and Safety Rating System assessment for that hazard.

There was also a substantial failure under Housing in Multiple Occupation (HMO) Management Regulations, made under the Housing Act 2004, for other issues found within the premises;

One of the grounds for obtaining a Warrant to Enter is that service of a notice of intent to enter negates the purpose of entry;

The Prohibition by Fire Safety was not served until later afternoon; the owner may have been requiring vacation of the property prior to this, not fire safety, who were taking the enforcement action, and certainly not Penwith District Council;

A Polish translator/support worker was on site at the time of the visits to mitigate language problems and to initiate the accommodation issues through our on-call dedicated housing advice duty officer;

Where two properties were closed under fire safety legislation as part of Operation Westport, accommodation was provided by the respective landlord for the displaced tenants;

The property came to the attention of the Migrant Worker Action Group (MIGWAG) through the same Stonham support worker doing outreach sessions in Penzance and being approached by the tenants, who were concerned at the standard of accommodation they were paying for. The council was also aware of the property through complaints of noise and refuse;

The displaced tenants sought alternative accommodation from the employment agency (who organised the lease of the property) so there was no need for housing advice intervention in this instance, despite it being offered;

Placing vulnerable migrant workers into overcrowded, unsafe accommodation and overcharging them for the privilege is perhaps treating them more like criminals than taking robust enforcement action which deals with their safety;

Only migrant workers were living inside the property at the time of entry; the alleged witness to the incident who claims to be "ashamed to be English" is a mystery in this case.

Penwith District Council supports the action of our fire safety colleagues in response to an unsafe situation; the action was proportional to the risk to life had the occupants remained in occupation.

It is unfortunate that the emotive press coverage of the subject and subsequent correspondence has diverted public attention away from the real issues, and the fundamental reason why initiatives like Operation Westport are essential.

It is unacceptable to migrant workers in West Cornwall, and the actions of the Fire Service and Penwith District Council, with other partners, were a proactive approach to improve the quality of housing, ensure landlords are aware of their responsibilities and seek to prevent the potential loss of life from overcrowded homes with little or no fire precautions.'

Mr Hampshire's letter is being studied by The St Ivean and a reply will appear here soon.

On March 1 The St Ivean asked Penwith's Chief Executive Jim McKenna questions under the Freedom of Information Act 2000 about the evictions. Under the terms of the Act, the Council must respond by April 1.