Axe the act

AXE THE ACT - A campaign for the removal of Section 3 of the Trespass (Scotland) Act from Government Guidelines relating to Gypsy/Travellers.

Using Scottish Government guidance, Local Authorities and Police Forces are using section 3 of the ancient Trespass (Scotland) Act 1865 to move on Gypsy/Travellers from transient/temporary/halt sites.

Essentially, the Act empowers Police officers to arrest, detain and present before a magistrate Gypsies and Travellers who are camped on unauthorised sites. This includes charging 16 year olds (classed as children under the United Nations definition of a child) and adults who have family members under the age of 18.

We believe this practice contravenes Article 30 of the United Nations Convention on the Rights of the Child which says that “Young people have a right to learn and use the language and customs of their families, whether or not these are shared by the majority of the people in the country in which they live” and Article 8 of the European Convention on Human Rights which states that “ everyone has the right to respect for their private and family life, their home and their correspondence.”

In "Do the Right Thing", the Scottish Government's response to the United Nations Committee on the Rights of the Child's recent observations on the state of Children's Rights in the UK, it committed to reviewing its guidance on site management for Local Authorities.

As part of that review, Article 12 in Scotland's Young Gypsy Travellers' Lives Project is launching a campaign which calls on the Scottish Government to remove the Trespass (Scotland) Act 1865 from all future guidance on the management of transient/temporary/halt sites. 

Scottish Gypsy/Travellers are a mobile community. Travelling, particularly in the summer months, is an integral part of their culture and lifestyle.

The Scottish Government's website itself states: "Although for the purposes of GB race legislation [....] Scottish Travellers and Scottish Gypsies are not recognised as racial or ethnic groups, the Scottish Executive treats them as such, and acknowledges that all Gypsy/Traveller communities have specific requirements and require the same level of protection from discrimination and abuse in common with all of Scotland's minority ethnic communities."

Fine words, which appear to recognise the distinct lifestyle of Gypsy/Travellers as worthy of protection. However, these words are meaningless in the context of the Guidelines For Managing Unauthorised Camping By Gypsies/Travellers In Scotland (2004) which actively encourages Local Authorities and Police Forces to use outdated legislation to deny the Scottish Gypsy/Traveller community the right to practice their customs whether or not these are shared by the majority of the people in the country in which they live.

We are calling on your support for our campaign to urge the Scottish Government to remove the Trespass (Scotland) Act 1865 from all future guidance on the management of Gypsy/Traveller transient/temporary/halt sites. 

 Signing the petition will demonstrate to our Government that the Gypsy/Traveller community has wide ranging support for its traditions and culture. The petition is available to sign on-line at the Scottish Government e-petition site: 

http://epetitions.scottish.parliament.uk/view_petition.asp?PetitionID=378