Even the police don’t want more powers to evict Traveller camps – investigation reveals
Police do not want more powers to evict unauthorised Traveller camps and instead want more legal sites built – an investigation by the charity Friends Families and Travellers (FFT) has revealed.
The national charity submitted freedom of information requests to all Police Forces and Police and Crime Commissioners in England and Wales, as well as the National Police Chief Council and the Association of Police and Crime Commissioners to get their submissions to the Government’s 2019 consultation ‘Strengthening police powers to tackle unauthorised encampments’.
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 FFT research shows that only one out of five bodies who responded with their submissions supported the Government proposals to criminalise unauthorised encampments and nearly all of police bodies called for more site provision. Less than one in five agreed with the Home Office proposals to give police power to seize vehicles of those on unauthorised encampments.
“The findings clearly demonstrate that only a small percentage of police respondents are in favour of criminalising trespass or strengthening of existing powers, stressing that this will be ineffective unless there is increased site provision,” say Friends Families and Travellers.
The full FFT report on their investigation can be seen here.
The consultation closed in March 2020 and the Government is expected to release their own results on the consultation later this autumn.
POLICE REPEAT CALLS FOR MORE SITES, REJECTING HOME OFFICE PROPOSALS TO CRIMINALISE TRESPASS
Key findings
- Only 21.7% of police respondents agreed with the Home Office proposals to criminalise unauthorised encampments
- 93.7% of police bodies called for site provision as the solution to unauthorised encampments.
- Only 37.5% of police respondents agreed with the Home Office proposals to grant powers to direct families across local authority lines.
- Only 18.7% of police respondents agreed with Home Office proposals to give police power to seize vehicles of those on unauthorised encampments.
- Only 37.5% of police respondents agreed with the Home Office proposals to lower the number of vehicles needing to be involved in an unauthorised encampment before police powers can be exercised from 6 to 2 vehicles.
- Only 43.7% of police respondents agreed with the Home Office proposals to increase the period of time in which those on encampments would be unable to return from 3 months to
12 months.
There is no point in bringing in more laws which tell Travellers where they can’t go when you aren’t telling them where they can go
Abbie Kirkby, Advice and Policy Manager at Friends, Families and Travellers said:
“The hostile approach taken by this Government towards Gypsies and Travellers must stop. We have seen huge opposition to these proposals, opposition not only from the police but from across society in recognition of the implications for human rights and civil liberties. The Government have failed Gypsy and Traveller communities – there is no point in bringing in more laws which tell Travellers where they can’t go when you aren’t telling them where they can go.”
In their response to the consultation, the National Police Chiefs Council and the Association of Police and Crime Commissioners said, “We believe that criminalising unauthorised encampments is not acceptable. Complete criminalisation of trespass would likely lead to legal action in terms of incompatibility with regard to the Human Rights Act 1998 and the Public Sector Equality Duty under the Equality Act 2010, most likely on the grounds of how could such an increase in powers be proportionate and reasonable when there are insufficient pitches and stopping places?”
The Travellers’ Times understands that Lawyers for Gypsies and Travellers are set to challenge in the High Court any new laws strengthening police powers to evict camps.
A Government spokesperson said:
“While the vast majority of traveller communities reside in authorised encampments, there have been long-standing concerns about the disproportionate impact of some unauthorised sites which cause significant distress to local communities.
“That is why the Home Office carried out a consultation seeking views on strengthening police powers to tackle these unauthorised encampments. A response will be made in due course.”
POLICE REPEAT CALLS FOR MORE SITES, REJECTING HOME OFFICE PROPOSALS TO CRIMINALISE TRESPASS
FFT submitted freedom of information (FOI) requests to all Police Forces and Police and Crime Commissioners in England and Wales, as well as the National Police Chief Council (NPCC) and the Association of Police and Crime Commissioners (APCC) to view the responses of police bodies to the Government’s 2019 consultation ‘Strengthening police powers to tackle unauthorised encampments’.
From the responses shared with FFT, only 21.7% of police bodies agreed with the Home Office proposals to criminalise unauthorised encampments; 93.7% of police bodies called for site provision as the solution to unauthorised encampments; and only 18.7% of respondents agreed with the Home Office proposals to give police power to seize vehicles of those on unauthorised encampments.
The findings clearly demonstrate that only a small percentage of police respondents are in favour of criminalising trespass or strengthening of existing powers, stressing that this will be ineffective unless there is increased site provision. The consultation closed in March 2020 and the Government is expected to release their own results on the consultation later this autumn.
Following the release of the report, Abbie Kirkby, Advice and Policy Manager at Friends, Families and Travellers said:
“The hostile approach taken by this Government towards Gypsies and Travellers must stop. We have seen huge opposition to these proposals, opposition not only from the police but from across society in recognition of the implications for human rights and civil liberties. The Government have failed Gypsy and Traveller communities – there is no point in bringing in more laws which tell Travellers where they can’t go when you aren’t telling them where they can go.”
Speaking about the personal impacts of the proposed powers, Martha Ostick shared:
“You never feel like you can get settled when you live on the road, it’s impossible to feel grounded and that impacts every part of your life, you are in the hands of the authorities and it doesn’t feel safe. This new legislation makes you feel like you’re not included in society, that you’re a criminal. We don’t need more police powers, we need negotiated stopping so you can plan your year, get work, get to school, be part of the same society as everyone else.”
Voicing concerns over additional police powers without more sites, Chloe said:
“I think the Government should be listening more to the police, the ones that do want to help the Traveller community. They are out there every day, and they see exactly what’s going on – the impacts police powers have on families. The police don’t need more powers. More powers will make life much harder for people who are homeless. If the government authorised more sites it would be a better solution to the problems. Gypsies and Travellers haven’t got any say now, if the police got more powers, if feels like there will be no hope.”
Speaking about the research findings, a spokesperson for the Gypsy, Roma and Traveller Police Association (GRTPA) said:
“The GRTPA are absolutely opposed to the Government recommendations to criminalise trespass and the stronger police powers that have been drafted. This proposed legislation criminalises a traditional way of life for our community and will only seek to marginalise Gypsies and Travellers further. We believe the solution is, and has always been adequate site provision across the country, inclusive of transit sites and negotiated stopping. Gypsies and Travellers are recognised ethnic groups and our nomadic way of life is part of our culture, therefore the legislation would be in conflict with Human Rights and Equality legislation and would only further antagonise the awful bias and discrimination we suffer daily.”
Notes for Editor
About Friends, Families and Travellers (FFT)
Friends, Families and Travellers is a leading national charity that works on behalf of all Gypsies, Roma and Travellers regardless of ethnicity, culture or background.
Media Contact
Sami McLaren, Communications Officer
Tel: 07436 228910 Email: sami@gypsy-traveller.org
Relevant Resources
‘Police renew calls for more Gypsy and Traveller sites in opposition to the criminalisation of unauthorised encampments’. View report.