A north-east MSP has called for a law review to equip police with clearer powers to crack down on illegal gypsy-traveller encampments.
Richard Baker (Labour) argues that trespass laws already in place should permit the authorities to move on unauthorised groups, but that police do not act due to a presumption against prosecution.
He has asked the Scottish Government to review legal guidance for prosecutors.
It comes after Aberdeen City Council’s chief executive Angela Scott wrote to Lord Advocate Frank Mulholland calling for tougher action on what she described as a “potentially volatile” situation between the travelling and settled communities.
The Trespass (Scotland) Act 1865 allows police to move on gypsy-traveller encampments, but only if there is somewhere for them to go.
The guidance states there should only be a prosecution if an alternative site has been identified and the group refuses to relocate, if there is a “severe” road safety or public health hazard or if a group returns to an area after being repeatedly evicted.
Labour MSP Mr Baker said: “The guidance needs to be looked at again.
“This is not necessarily a party political point, the fact of the matter is that if you have a policy which has been in place for quite a significant amount of time, then it is right that it is revisited.
“If the Scottish Government is going to say, in effect, that it is illegal but we are not going to enforce the law, then that is a ludicrous situation.
“If you are going to have a proper enforcement of the law, which people in the north-east are telling me that they want, then the policy has to change.
“It also has to be done at the same time as making sure that we have the right halting sites in place. Aberdeen City Council is pursuing that.”
A Scottish Government spokeswoman said: “The decision about whether or not to prosecute cases is for the Crown Office.
“Unauthorised camping is a sensitive issue and we are keen to ensure that gypsy-travellers have access to appropriate local authority sites.
“In January 2014 we established a national gypsy-traveller site working group. The group includes representatives from local authorities, the gypsy-traveller community and the police, and will consider the issue of unauthorised sites in general, and what further work should be undertaken on the issue.”
The Crown Office said the Lord Advocate would respond to Aberdeen City Council’s chief executive in due course.