Government set to pass new ‘hostile’ anti-Traveller laws this
autumn
http://tlio.org.uk/government-set-to-pass-new-hostile-anti-traveller-laws-this-autumn/
22 July 2020
The Travellers’ Times can reveal that lawyers and campaigners are ready
to act after the government recently announced that new ‘hostile’
anti-Traveller laws, which could include the criminalisation of trespass,
will be delivered this autumn.
The laws are set to follow the Government’s
consultation on unauthorised camps and sites late last year and the
Conservative Party’s 2019 General Election manifesto promise to
criminalise trespass.
Traveller law experts are already set to challenge any new laws in court,
say lawyers.
"At the time the consultation was in progress
we made it clear why we felt that the Government’s proposals were
discriminatory and unlawful,” a senior lawyer from Community Law
Partnership told the Travellers’ Times.
“If the Government bring in these proposals, then we are already
instructed to take forward court challenges.”
Last week, Home Secretary Priti Patel
told MP’s that new laws based on the 2019 government consultation on
unauthorised Traveller camps and sites would be brought forward in
autumn.
Jacob Rees-Mogg – Government will deliver election promise to criminalise
trespass
Earlier this month, Jacob Rees-Mogg, Leader of the House of Commons,
told MP’s that the Government intended to deliver on its election
promise to make trespass a criminal offence.
The consultation on unauthorised camps and sites was announced on
November 5th, three days after the general election was called, prompting
many Gypsy, Traveller and Roma campaigners to complain that the
Government were using them as
a political football to win votes.
In the consultation the Government threatened to:
- Make trespass a crime – resulting in prison, a fine or your vehicle
being taken from you.
- Make it a crime for you to stop alongside or on the road – they will
be able to move you along.
- Make it so police can act when there is two vehicles, instead of six.
A car, a trailer and a van would count as three vehicles. A horse drawn
wagon would also count as a vehicle, say lawyers.
- Make it so police can force you to go to a transit site in another
county.
- Make it so you are banned from an area for one year instead of three
months.
The Conservative 2019 election manifesto promised to:
- Tackle unauthorised traveller camps.
- Give the police new powers to arrest and seize the property and
vehicles of trespassers who set up unauthorised encampments, in order to
protect our communities.
- Make intentional trespass a criminal offence and also give councils
greater powers within the planning system.
Boris Johnson with Priti Patel – The Conservative’s ‘thumping’ majority
in Parliament means that opposition parties will find it hard to stop any
new laws
The Conservative Party won a thumping 80 seat victory in the November
2019 election, meaning that there is very little opposition parties can
do to stop the Government making new laws.
However, The Scottish Government will not be bringing in any new laws
that make life harder for Travellers’ –
as revealed in the Travellers’ Times last year.
Abbie Kirkby, Advice and Policy Manager at
Friends, Families and
Travellers, told the Travellers’ Times that the prospect of yet more
‘hostile’ anti-Traveller laws was worrying.
“At a time where we are seeing discussions of race inequality ignited, we
are faced with hostile Government proposals to criminalise Gypsies and
Travellers,” said Abbie Kirkby.
Many Gypsies and Travellers still live nomadically © Quarmby
“Over the years there have been countless reports and evidence
highlighting how Gypsies and Travellers face some of the most severe
inequalities but what do we see? - The prospect of more draconian powers
to penalise families because they live in different kinds of homes and
have a nomadic way of life.
What’s so baffling about this is that there are some very simple
solutions available that are workable for all communities,” added Abbie
Kirkby.
Nowhere to go - London Gypsies and Travellers march for more Traveller
sites (c) Mike Doherty
At the time of the Government’s 2019 consultation, Friends Families and
Travellers organised a campaign
that generated 10,000 responses - all of them against the new
threatened laws.
“We were overwhelmed to see so many allies submit their views into the
Home Office consultation so for Government Ministers to be talking about
the proposals as a done deal is worrying to say the least,” said Abbie
Kirkby.
“We will be seeking legal advice as soon as the Government publish their
response to the consultation, to ensure the views of the community and
allies have been given full consideration as part of the consultation
process.”
The UK’s Gypsies and Travellers are proud of their cultural tradition and
history of Travelling © Natasha Quarmby
The UK’s Gypsies and Travellers have a cultural heritage of travelling,
and many families still travel to look for work, go to fairs, visit
relatives, and attend funerals and weddings. Many Travellers also travel
and set up unauthorised camps because they prefer to do so or
because they have nowhere else to go.
The fight against the new laws that could effectively smash all nomadic
ways of life could unite all Traveller groups, say campaigners.
New laws set to hit New Travellers and Van Dwellers as well © nfAT
Collective
The threatened new laws are also raising concerns among New Traveller and
Van Dweller groups.
Critics also say that the criminalisation of trespass and the other
threatened laws could also criminalise homeless camps and protest camps
and is an attack on the civil liberties of everyone – not just Gypsies
and Travellers.
Writing in the Guardian, campaign journalist George Monbiot said that
the new proposed laws were a trap and could affect everyone - not just
Gypsies and Travellers:
“The harder you look, the more disguised powers appear to be lodged in
this consultation. Even if new trespass laws are aimed only at those
residing on land, they will affect not only Gypsies, Roma and Travellers,
but also rough sleepers.
Any new laws are also likely to be used against protesters. We’ve seen
how previous legislation – such as the 1994 Criminal Justice and Public
Order Act, the 1997 Protection from Harassment Act, the 2000 Terrorism
Act and the 2005 Serious Organised Crime and Police Act – has been
immediately deployed against peaceful protest, in some cases after the
government promised that it would not be
used
for this purpose.”