Martin Place tent city: Leaders bicker as residents mark time
UPDATE: THE state government has responded to Lord Mayor Clover Moore’s list of demands in a reply letter, saying it is incorrect to state that the Council has no authority to move people.
NSW
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THE state government has responded to Lord Mayor Clover Moore’s list of demands in a reply letter that reinforces its reluctance to move on tent city residents using legislation is has described as “an extreme course of action”.
Social Housing Minister Pru Goward today responded to Ms Moore’s letter, saying, “The NSW government is willing to work cooperatively with the City of Sydney to resolve this issue but, as the NSW Police and I have made clear in today’s meeting, the onus is on the Council to use its powers to disband the tents in Martin Place.”
“It is incorrect to state that the Council has no authority to move people,” she wrote.
“As reserve trust manager, the Council has the power under section 124 of the Crown Lands Act 1989 to remove a person from Martin Place reserve if the person, by disorderly conduct, causes annoyance or inconvenience to the persons in the reserve or going to or coming from the reserve.”
But City of Sydney has previously said it does not have the power to move on people, while the police have said that unless those in the tent city are causing a disturbance, they are powerless to intervene.
This is despite in 2015, City of Sydney controversially confiscated tents and other property from a homeless camp in Wentworth Park.
Ms Goward described the use of the Crown Lands Act as a “lengthy and uncertain legal process” and an “extreme course of action” that would involve issuing warrants to homeless people.
In addressing Ms Moore’s demands, the state said it was committed to long-term and affordable social housing, pointing to new properties in Waterloo and Redfern.
Ms Goward also wrote that the government had reached an agreement with a homelessness service for an “after-hours service”, which she said had the potential to become a 24/7 service.
She said the state would continue to offer permanent accommodation to those in Martin Place but stressed it would not reopen the Sirius building, as suggested by Ms Moore, “as the Government has agreed that the building will be sold to build more social housing”.
“I am advised that a consortium, which included a discounted sale of a site by the City, for a common ground project was put forward as part of the Social and Affordable Housing Fund Phase 1 procurement process,” Ms Goward wrote.
“The City should consider the feedback which was provided to the consortium. I would strongly encourage the City to work with the consortium, or another party, to apply as part of the forthcoming SAHF phase 2.”
This comes as earlier today Ms Moore refused to confiscate tents in Martin Place unless the state government gives in to a list of demands she has issued.
The demands primarily revolve around providing long-term affordable housing solutions.
She has insisted the state can use legislation relating to Crown land to evict the tent city residents, but Social Housing Minister Pru Goward says that would involve going through an uncertain court process to obtain warrants to issue to vulnerable people.
Ms Moore said council will only consider using powers to confiscate property if the state bows to her demands.
Following today’s meeting between the state, council and police, the Lord Mayor spelled out her demands.
“I have given her a letter that sets out the commitments that I would want from her before we would even consider her preferred action,” Ms Moore said.
She wants immediate accommodation, with an aim of long-term accommodation, to be extended to everyone in Martin Place and for the state to fund another common ground facility for homeless people.
Ms Moore also wants to be able to extend her affordable housing levy across the entire city.
She has demanded a reply to her letter today.
Ms Moore accused both the state and police of avoiding taking action.
“The situation is they don’t want to do it, they want me to do it,” she said.
The City of Sydney contends it cannot actually move people on.
Ms Goward indicated Ms Moore was likely to have many of her demands met.
I've just met with the Minister & Police Commissioner and a representative of the Premier - and asked them to respond to this letter today pic.twitter.com/HjM6qYLFsT
— Clover Moore (@CloverMoore) August 4, 2017
“I share her concerns and of course many of her demands are views that I share,” Ms Goward said. “We will absolutely be able to respond positively to the Lord Mayor.
“But what I am very disappointed about and surprised by is that the Lord Mayor’s preference is for us to use the Crown Lands Act.
“And under the Crown Lands Act, we would need to go to court, we would need to issue warrants after a protracted and uncertain process.
“We would have to then issue warrants to vulnerable, homeless people to get them to move and I don’t think anybody wants that. I think it’s absolutely unnecessary.”
Meanwhile, Police Commissioner Mick Fuller has questioned whether those providing equipment and amenities to the Martin Place tent city are “creating a honey pot”.
He also reiterated his call for council to confiscate property.
“We’ve got to provide services for homeless people and people in need,” he said.
“I think the challenge here is that are we creating a honey pot for them and is there a better long-term solution?”
Mr Fuller said that while the discussion was ongoing, everyone wanted to “resolve it by the end of this weekend”.
“There are a number of placements going to be offered to the group down at Martin Place,” he said.
“We’ll work through that over the next six to 12 hours. There are other strategies in place over the weekend to make sure that there is a peaceful resolution to this.”
Earlier today, Ms Goward stated her desire for the Martin Place tent city dilemma to be resolved today.
She arrived at Town Hall this morning for a meeting with Sydney Lord Mayor Clover Moore and Police Commissioner Mick Fuller to discuss how to move forward and end the stalemate that has dominated conversation in the city.
“I want those remaining people in Martin Place to be in safe, dry accommodation,” she said.
“I’m really hopeful it will come to a resolution today.”
Ms Goward also said, “I’m very disappointed that people should be left in that state in Martin Place for so long and I think it’s time we finished it.”
As Ms Moore arrived, she said she wanted to see agreement on how to proceed.
“I hope so,” she said.
“This is about finding permanent, long-term accommodation for our most vulnerable.”
Ms Moore said she was “really keen on positive action”, with an emphasis on the long-term.
This comes as legal advice shows it is up to the state government to act on the Martin Place tent city, the City of Sydney has argued.
Council says it has advice that the area is technically Crown land, even though City of Sydney is a trustee, meaning responsibility lies with the state to evict the camp.
However, Police Commissioner Mick Fuller has accused Lord Mayor Clover Moore of “refusing to come to the party”, while at the same time admitting that he doesn’t want “police rolling through tents and making world news”.
Mr Fuller said the council could simply go to Martin Place and confiscate property, with police on standby to arrest anyone causing trouble during the process.
But internal legal advice being used by the City of Sydney says council officers are only able to request names and addresses in Martin Place, as opposed to being able to move people on.
According to that advice, Martin Place is a “Crown reserve”, of which council is a trustee — though there is no “plan of management”.
Council was told that under the Crown Lands Act, only “authorised persons” can take “enforcement action”.
But it is also of the view that the state government can prevent people from continuing an activity in a public place, with the legal advice suggesting the Act allows the state to remove structures or stop people using certain structures.
However, Premier Gladys Berejiklian is adamant the onus is on the council to step in.
“As the police have made clear, and Clover Moore is completely aware, it is the City of Sydney’s responsibility to initiate the removal of the structures in Martin Place,” she said.
“The public expects her to act and so do we.”
Ms Berejiklian joined the Police Commissioner in blaming Ms Moore and also appeared sceptical about the motives of some of those involved in the tent city and suggested they were using others to further their own political goals.
“It is disappointing that vulnerable people are being exploited by a manipulative few who are engaged in political protest,” she said.
Mr Fuller also said the tent city appeared to be part-protest.
It seems the Premier will have to convince her own MPs that it is not up to the state to make the first move, given some are frustrated with what they see as the state’s lack of action.
The issue is likely to flare up in next week’s party room, with government MPs concerned that the longer the tent city remains, the more it will appear that the state is unable to solve “simple community issues”.
One estimate places the population of the tent city at about 50 “permanent” residents living in 47 tents.
Some roll up for the free food, others come for the security the group provides but just about everyone at the Martin Place tent city say they choose to sleep rough in the centre of the CBD for the sense of community it gives them.
A spokesman for Ms Moore said: “Obviously the Police Commissioner, the Police Minister and even the Premier all have more authority over the Police than the Lord Mayor.”
“The Police Minister and the Premier can direct the Police to take whatever action they see fit without needing the Lord Mayor’s approval — and if the Police believe there is an issue of public safety, then they already have the power to take action.”
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