A road less travelled
In September 2009 the Welsh Assembly Government produced the document “A Road Less Travelled – a draft Gypsy/Traveller strategy – consultation document”. The consultation period lasted until 5th January 2010. Despite the fact that the deadline has now passed, we would urge readers who have an interest in Gypsy and Traveller issues in Wales to look at this document.
The document has many objectives and commitments which are to be welcomed. The document has a generally positive tone. Thus it calls for various objectives including:-
- To improve mutual understanding and trust between Gypsy Traveller communities and settled communities;
- To refurbish 7 local authority owned and managed sites by 2013;
- To raise awareness of the Planning Circular WAG 30/2007 among planning practitioners;
- To deliver two new Gypsy Traveller sites by 2013;
- To continue the trend for a gradual reduction in occurrence of unauthorised encampments;
- To take forward improvements in the fields of education and health;
- To improve the situation with regard to consultation with Gypsies and Travellers in Wales.
Nevertheless, the document itself accepts that there remains a failure amongst Welsh local authorities to provide pitches and sites, both permanent and transit. Thus at pages 15 and 16:-
Niner[1] identified that the existing network of 19 sites among 13 local authorities was not fit for purpose….An additional 150-200 local authority pitches was recommended to meet the additional need over 5 years…..
…..the Welsh Assembly Government has demonstrated a clear commitment to the accommodation agenda and has provided the leadership at a national level. What would underpin this national commitment is leadership at the regional level. Local authorities have in the main not made this commitment, with perhaps a few exceptions.
….the Welsh Assembly Government will keep under review existing legislation in relation to housing and planning matters, to determine whether or not they are contributing to the delivery of appropriate accommodation for Gypsies and Travellers in Wales. We will give consideration to the need to further legislate in this area.
In this context we would refer to the National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010 which is currently on its way through the Welsh Assembly. This Order intends to extend legislative competence in the field of housing in general.
Significantly at paragraph 41 it states:-
The competence sought also would remove legislative constraints on taking forward the Gypsy and Traveller strategy. Lack of appropriate sites and insufficient provision has a significant detrimental impact on the lives of Gypsies and Travellers. The links between the lack of accommodation and other inequalities experienced by the Gypsy and Traveller community is well established. The Welsh Assembly Government has put in place a policy framework and financial incentives to aid local authorities to deliver appropriate sites but if they do not deliver in line with clearly identified demand, the Welsh Assembly Government will need to be able to require local authorities to deliver new sites.
We note that the existence of a duty on local authorities to provide sites under the Caravan Sites Act 1968 from 1970 until the repeal of that duty in 1994 effectively led to the creation of some 350 sites that currently exist in England and Wales. Without that legislation, it is extremely doubtful that those sites would have been built. Whilst it is accepted by everyone that the provision of those additional sites was inadequate, it is clear that the vast majority of those sites would not have been created without the legislation.
Not all Gypsies and Travellers will want to have recourse to public provision and many will want to seek to set up their own private sites but there are very large numbers of Gypsies and Travellers in Wales who require public site provision. In our view the required number of additional pitches will only be provided if a statutory duty is reintroduced and we would recommend that the Legislative Competence Order is brought into force and then used to ensure that that duty is returned to the statute book in Wales as soon as possible.
We believe that it is also essential that a timeframe is introduced for the identification of locations for sites in line with Welsh Assembly Government Circular 30/2007.
Generally speaking we are very pleased to see the Welsh Assembly Government’s positive attitude to the provision of sites. However fine words alone will not be sufficient and we urge the Welsh Assembly to adopt the above suggestions to ensure that local authorities comply with their obligations.
Chris Johnson, Travellers Advice Team at Community Law Partnership and Marc Willers of Garden Court Chambers .
The Travellers Advice Team at the Community Law Partnership runs a Community Legal Advice Funded Telephone Helpline (0845 120 2980) which is available Monday to Friday 9.00 am to 1.00 pm and 2.00 pm to 5.00 pm.
Thanks also to our TAT Administrator, Emma Westwood, for organising this blog.
[1] Pat Niner of Birmingham University who previously did a report on the situation in Wales.