Trespass law ‘likely to be scrapped’

By Cameron Brooks

Published: 21/04/2010

A nationalist MSP said yesterday she would be “surprised” if the Scottish Government did not scrap a 19th-century law that campaigners claim discriminates against gypsy travellers.

Anne McLaughlin, a member of Holyrood’s public petitions committee, said she expected ministers to remove the legislation from guidelines that help councils and police crack down on unauthorised camps.

She made the remarks during a discussion about a petition lodged by Angus woman Lynne Tammi.

The campaigner, of Ogilvie Terrace, Ferryden, Montrose, claims local authorities and the police use the Trespass (Scotland) Act 1865 to move travellers on from fields and laybys despite the fact the “settled” community is allowed to participate in so-called “wild camping” under the Land Reform Act.

Ms Tammi, who lodged a petition on behalf of the Young Gypsy/Travellers’ Lives Project, says the current arrangements are unfair.

She attended the meeting yesterday with campaigners including gypsy traveller Justine Wilson, 19, who lives with her family in an unauthorised roadside camp between Oban and Fort William.

Glasgow MSP Ms McLaughlin said: “I would be surprised if the government was not willing to remove the Trespass (Scotland) Act and it would be important to find out when it will be completed.” She added that the committee should seek the views of councils before making a final recommendation to SNP ministers.

Ms McLaughlin told the campaigners: “We expect that the petition will be successful but in case it is not we need to get views from a wide variety of people.”

Miss Wilson, one of about 20,000 gypsy travellers in Scotland, said she hoped the government would scrap the legislation sooner rather than later.

“Life will be a lot easier if this law is removed because we will be able to live in a lot more places,” she added.

“Everyone else gets to pitch up for a couple of days but, as soon as they see you are a traveller, you are moved on, which is unfair.

“We do not see why we should be bothered if we are not doing anyone any harm.”

A Scottish Government report released in September showed that designated halt sites for travellers had been provided by Aberdeen City, Aberdeenshire, Angus, Dundee, Highland and Perth and Kinross councils.

Reader's Comments

All well and good, but when this is passed can we also pass something that punishes travelleers who leave enormous mess behind them when they leave these "sites"? Fair laws for all, and if I dump rubbish around the countryside I'll get into trouble. No problem with those who camp up for a few days and leave without incident, however there are those who don't and they cause a lot of anxiety in the non-traveller community. We all have the same rights. Let's all be treated the same.
Alisdair Cook
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Absolutely right Alisdair, if these people didn't make such a mess then they might get more sympathy from the public. The solution is in the gypsies own hands. They don't pay any taxes yet are a drain on resources which would be better spent elsewhere.
William Hindley
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Absolutely right Alisdair, if these people didn't make such a mess then they might get more sympathy from the public. The solution is in the gypsies own hands. They don't pay any taxes yet are a drain on resources which would be better spent elsewhere.
William Hindley
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Alisdair Cook: Your point on littering/dumping of rubbish: I agree that the law on this should apply equally to all, so naturally I wouldn't advocate for a new law that only 'punishes Gypsy/Travellers'. All sections of society are guilty of littering, you only have to look at the state of the small town High Streets at school lunchtime to confirm this. That aside, there are already several laws in place that empower both Local Authorities and Police forces to deal with the illegal disposal of litter, controlled waste, 'dumping of rubbish' the most recent being the Anti Social Behaviour etc.(Scotland) Act 2004 which, inter alia, allows for the issuing of Fixed Penalty Notices. Perhaps if these were used more often, across the whole of Scottish society, we would see less litter and dumped rubbish in our region.
Lynne Tammi
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