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One of the biggest problems facing Travellers is poor accommodation and a

shortage of sites.

have a secure place to live.

where they suffer from isolation and exclusion.

access to services.

During the post-war period Irish Travellers' traditional nomadic lifestyle has

been restricted by the increasing plethora of rules and regulations that govern

nomadism and urban development, making it almost impossible to find a

stopping place.

One third of the Irish Traveller and Gypsy caravan dwelling community do not

have a legal or secure place to live, living on unauthorised encampments (the

roadside and other public space) or unauthorised developments (occupation

of land owned by Travellers but where planning permission has not been

granted).

A sites shortage has led to an estimated 200, 000 (CRE, ‘Common Ground,

2006) Gypsies and Irish Travellers now living in housing. Some are highly

excluded (Clark C and Greenfields M ‘Here to Stay’, 2006, page 108)

An estimated seventy percent of local authority sites are said to occupy

marginal and even hazardous space (‘The Provision and Condition of

Traveller Sites in England’ Niner, 2002) and many are perceived by their

tenants as being governed by authoritarian management regimes where

tenants have little sense of ownership or say on the sites which they occupy.

A shortage of sites in the post war period created growing community tension

and led to the Caravan Sites Act.

The 1968 Caravan Sites Act created a statutory duty on local authorities to

create Traveller sites. Many of these sites though suffered from spatial

exclusion and poor facilities, being located next to or on marginal space near

rubbish dumps, busy highways and industrial areas. The opportunity to

develop and remedy some of the flaws in this policy were missed through the

non implementation of key sections of the Cripps Report in 1980. However,

the repeal of the duty on councils to provide sites in 1994 meant the

construction of local authority sites came to a standstill. Councils ignored a

new planning circular (1/94) that called upon councils to assist Irish Travellers

and other Traveller groups to identify land they could buy themselves and

develop as sites. This policy failure came at a cost to the Traveller and wider

community.

Some Irish Traveller families were forced by the shortage of sites to initiate

retrospective planning applications. That is purchase land, move onto it then

submit a planning application. For some Irish Travellers their sense of

marginalisation and rejection had been intensified as a consequence of

experiencing the disparities in the planning system most clearly demonstrated

by a ninety percent planning application failure rate for Gypsy and Traveller

planning applications in contrast to a twenty percent failure rate for the settled

community.

The repeal of the duty to provide sites has created a sites shortage forcing

some Irish Travellers to live on unauthorised encampments (roadside) or

move into housing. The shortage of decent sites has impacted negatively on

Irish Travellers' access to services, such as health and education. The

increase in unauthorised encampments and developments has led to an

escalation of conflict between Gypsies and Travellers and the wider

community.

Campaigning by Gypsy and Traveller groups and increased community

tensions has led to the Government introducing a series of new policies since

2004.

The Government has placed a statutory duty on local authorities to assess the

accommodation needs of Irish Travellers and other Traveller groups (Gypsy

and Traveller Accommodation Assessment). The assessment of need will

feed into regional spatial strategies and Regional Planning Bodies will

determine how many pitches are needed within each authority in the region.

New planning guidance Planning Circular 1/06 obliges local authorities to

identify land in their Development Plans that is appropriate for Traveller sites.

Irish Travellers and other Traveller groups will be able to buy such land and

develop sites but some public provision could be created as the government

has now enabled Registered Social Landlords to apply to the Housing

Corporation for funds to develop sites. Where local authorities fail to identify

land the Secretary of State has powers of intervention, which include the

right to direct local authorities to do so (ODPM, Guide to Responsibilities and

Powers, 2006, 8). Where local authorities fail to meet their new

responsibilities it will be a material consideration in the planning process.

This means that planning inspectors should give consideration to this fact in

deciding whether to grant a retrospective planning application by Gypsies and

Travellers.

The Government has made 56 million pounds available for the Gypsy and

Traveller Site Grant over the period 2006-08; 22 million pounds in 2006-07;

and 34 million pounds in 2007-08. Prior to this around 8 million pounds had

been made available annually, since 2001-02. The grant can be used to

renovate and refurbish sites and develop new ones.

The Government and Housing Corporation have commissioned site design

and management guidance. Following the ruling in the European Court of

Human Rights (Connors V UK) the Government has indicated that it will

improve security of tenure on local authority Traveller sites through the

Housing and Regeneration Bill 2007.

The Anti Social Behaviour Act 2003 created a provision where increased

eviction powers could be utilised where Gypsies and Travellers can be

directed to a vacant pitch. The Government hopes this will motivate local

authorities to create transit sites.

In 2006 the Government announced the creation of a Task Group, initially its

remit was only enforcement and no Gypsies and Travellers were represented

on the body. In the end following protests from Gypsy and Traveller campaign

groups it was resolved that one Gypsy and one Irish Traveller would sit on the

Task Group and it would look at site provision as well as site enforcement.

The Race Relations Amendment Act 2002 places a duty on local authorities

and other public bodies to outlaw unlawful racial discrimination and ensure

equality of access to services, the consultation of ethnic minorities and

maintenance of good community relations. Local authorities also have to

consider the impact of policies on ethnic minorities (impact assessments). As

an ethnic minority Irish Travellers are protected by this legislation.

The ITM welcomes many of the Government's reforms but believes that some

of them need to be strengthened or rethought. The ITM believes that the new

powers constitute a strong obligation on local authorities to provide and

facilitate sites. However, in the past public hostility has weakened the resolve

of local authorities. The ITM believes that a statutory duty on local

authorities to provide and facilitate sites will increase their resolve.(CRE,

2006, 37)

A major weakness with the Government's proposals is a dependency on

accurate data gathering to help set targets. The main mechanism for

gathering data is the Gypsy and Traveller Accommodation Assessment to

assess accommodation needs, the Government has issued draft guidance on

this but local authorities are responsible for making the assessments. Some

campaigners have expressed fears that some authorities will deliberately

minimise the numbers assessed in the survey so as to reduce the number of

pitches they will need to find. There are also concerns about the lack of

engagement with Travellers by some local authorities in the assessment

process. Hence there may well be flaws in the data collected and thus

inaccurate targets for the number of pitches required, which underestimate

need. The Local Government Association (LGA) has also stated that the lack

of tight timetables and deadlines on such assessments will mean that some

local authorities will prevaricate and some could be slow to complete (LGA,

2006, 5). The ITM believes that there is a need for stronger guidance and

monitoring of assessments.

The ITM is concerned over the length of time it will take to implement Circular

1/06. The LGA also believes that there is a need here for a tight timetable and

agreed milestones (LGA, 2006, 6). The CRE has made a similar

recommendation (CRE, 2006, 227). The Government though has stated that

where there is clear and immediate need for sites as evidenced through

significant numbers of unauthorised sites or developments then local

authorities should bring forward Development Planning Documents containing

site allocations in advance of regional consideration of pitch numbers and

accommodation needs assessments (Circular 01/2006, Transitional

Arrangements 11, para 41 – 43). Scope for the monitoring of targets set is

also afforded by the requirement for annual monitoring by both the Regional

Planning Body and local planning body to consider whether the targets of the

Regional Spatial Development Plan or Local Development Framework are

being achieved (Circular 01/2006, 10 para 39). The ITM supports calls for a

tight timetable and agreed milestones and will endeavour to monitor

transitional arrangements and calls for councils to bring forward their

Development Plan Documents where there is clear and immediate need.

A key problem may be affordability as once local authorities identify land the

price will increase greatly. For some Irish Travellers securing mortgages and

loans will be problematic because of likely prejudice from lending institutions.

Gypsy and Traveller campaigners have drawn the Government's attention to

the issue of affordability and asked its officials to explore the feasibility of a

loans system being tailored for Traveller groups. The ITM believes this issue

needs active consideration.

Public hostility though may also lead to local authorities as in the past

identifying land for sites in marginal space where public opposition will be

kept to a minimum. As the CRE has noted such spatial exclusion can lead to

Gypsies and Irish Travellers as 'others'” (CRE, 2006, 218).

There will still be a considerable need for public provision especially in

urban areas where land prices are prohibitive to private ownership (Lord

Avebury, Hansard, 23 March 2005, Lords Debate Column 299). Thus the

Government, through funding of bodies such as registered social landlords

(RSLs), are also promoting public provision. However, there is also the

question of addressing the problems of existing local authority sites, which

suffer from poor locations, substandard facilities and limited tenancy

rights and sense of ownership all of which impact on perceptions of social

inclusion for tenants on such sites.

The Government has created a site refurbishment grant for the renovation

of existing sites. Funding is not sufficient for the huge cost of relocating sites

in inner city areas. The LGA has also noted the limitations created by the size

of the Gypsy refurbishment grant and called for additional revenue funding

(LGA, 2006, 12 para 9.5). Thus for the foreseeable future many Irish

Travellers and other Traveller groups will continue to live under motorway

flyovers, next to rubbish dumps and other marginal space. Furthermore, there

has been little promotion of initiatives to involve tenants more in the

management of council sites through the establishment of site forums.

County council and RSL-owned sites, have been brought under a system of

regulation so that the amount of housing benefit payable is less than the

economic rent, many existing sites are now loss-making, and there is no

incentive for social landlords to develop new sites where the rents would need

to be higher if they cannot recover the amounts from tenants who are on

benefit. Research carried out for the Department for Work and Pensions led to

a recommendation that the allowable rent for benefit purposes on all

Gypsy sites should be increased by 15 pounds per pitch to reflect the

cost of management on the site, depending on its attainment of quality

standards for maintenance and health and safety. These recommendations

have not been implemented.

Others who continue to suffer include the highly nomadic Irish Travellers and

other Traveller groups. Although transit provision is something that the

Government has stipulated that local authorities need to consider in

accommodation needs assessments and development plans, it is possible

that public opposition could minimise such provision. Public opposition to sites

has often been at its most intense over transit sites (temporary stay), which

arouse the most fear and hostility from the wider community. An estimated

2000 – 2500 transit pitches were estimated to be needed by 2007 in

government sponsored research but few have been constructed (Niner,

2002). Where the Government has developed a specific measure to increase

the supply of transit sites it is linked to enforcement.

The Anti Social Behaviour Act 2003 created a provision where increased

eviction powers could be utilised where Irish Travellers and other Traveller

groups can be directed to a vacant pitch. One fear though is that these

powers could further marginalise Irish Travellers and other Traveller groups,

as if they refuse to go to the directed pitches they must leave the confines of a

local authority and not return for a three month period, breach of this ruling

can lead to large fines and penalties. Thus a situation could arise where Irish

Travellers and other Traveller groups are loath to follow a direction to occupy

a pitch on what they feel is a substandard and dangerous site and are

compelled to leave the authority, only for the same process to be repeated in

the neighbouring authority. Hence, Irish Travellers and other Traveller groups

could be subjected to a constant cycle of eviction and the chances of

integrating with the wider community and having proper access to services

could be severely curtailed therefore creating greater pressure on families to

abandon traditional nomadic lifestyles. The Government hope these enforced

eviction powers would motivate local authorities to create transit sites.

However, local authorities have been derailed in pursuing these substantial

enforcement powers by opposition to their transit site plans. The ITM believes

the Government needs to actively develop new proposals to create a national

network of transit sites.

Travellers living in housing have also been a neglected area in terms of

research and policy initiatives. Research being conducted by Shelter may

raise awareness of the needs of this section of the Traveller community. The

government and other agencies need to give greater consideration to this

group in forums and consultation and the promotion of good practice in

service delivery for housed Travellers.

The biggest determiner of public goodwill could well continue to be the press,

largely local newspapers and the tabloids. A survey by Stonewall found a

direct link between the media and public hostility towards Irish Travellers and

other Traveller groups. From 2004 the press appeared to launch a sustained

media campaign against Irish Travellers and other Traveller groups, which

some felt was sensationalist and incited racism, this reached its zenith with

the Sun's notorious 'Stamp on the Camps' articles. For example, on

Wednesday the 9th of March 2005 the Sun's front page headline read 'Sun

War on Gipsy Free for All' ..'Meet Your Neighbours Thanks To Prescott',

below this was a picture of a particularly untidy unauthorised encampment.

Despite complaints to the Press Complaints Commission no complaints were

upheld as under its code of practice action can only be taken if named

individuals are defamed, thus it is possible to misrepresent a whole ethnic

group so long as no individual from the group is named. The ITM believes that

the Press Complaints Commission code of practice should be amended

so that the press have an obligation to not disturb community relations

through irresponsible reporting.

The success of new policies and the opportunity to challenge negative

stereotypes and foster better community relations are also dependent on

greater civic engagement. The Commission for Racial Equality Scrutiny

report acknowledges this fact (CRE, 2006, 151, 225). Again though the

Government's preoccupation with enforcement has impeded this process. A

long term campaign objective of the Gypsy and Traveller Law Reform

Coalition was for the creation of a Gypsy and Traveller Social Inclusion

Task Force. This demand was supported by the ODPM Select Committee

(ODPM Select Committee, 2004 para 123). It was proposed that the Gypsy

and Traveller Social Inclusion Task force contain Gypsies and Travellers and

other stakeholders and advise the Government on the progress of its

accommodation and education reforms for Gypsies and Travellers and other

initiatives to raise social inclusion. However, when the Government did

announce the creation of a Task Group in 2006 its remit was only

enforcement and no Gypsies and Travellers were represented on the body. In

the end following protests from Gypsy and Traveller campaign groups it was

resolved that one Gypsy and one Irish Traveller would sit on the Task Group

and it would look at site provision as well as site enforcement.

The Task Group meets monthly. The Group is chaired by Sir Brian Briscoe

and regularly takes evidence from organisations that deal with Gypsy and

Traveller issues. These include local authorities, police forces who have

shown good practice in dealing with Gypsies and Travellers and other bodies,

such as the National Farmers Union.

The terms of reference of the Group are as follows:

1/ To examine variations in the use and effectiveness of enforcement powers

across the country and the causes of such variations

2/ To identify barriers to delivery of new site provision and advise on action to

address or remove them

3/ To act as champions and advocates, to underline the importance of

adequate site provision as the key to effective enforcement and to ensure that

enforcement powers are used effectively.

4/ To act as a sounding board on potential new measure to strengthen

enforcement powers and to support and encourage site provision.

The Task Group on Site Provision and Enforcement will make its final report

in late 2007. The ITM welcomes the fact that in its interim report it rejected the

need for major new enforcement powers arguing that those in existence were

sufficiently robust. The ITM hopes that the Task Group gives serious

consideration to this issues raised in this paper and assists in developing a

policy framework that delivers the sites that are needed, thus raising the

social inclusion of Irish Travellers and other Traveller groups and leading to

improved community relations.