NEWS FLASH: Government “fully acknowledges” recent High Court judgement on Anti-Traveller law

The government has today confirmed that it “fully acknowledges” the recent High Court decision which found that parts of the new anti-Traveller law amounted to unlawful discrimination and in breach of the European Convention on Human Rights – which the UK is signed up to.

In a statement released this morning to the Travellers’ Times, a government spokesperson said:

“The government fully acknowledges the High Court's decision. As with all decisions of this nature, we will be taking the time to consider the ruling and determine the most appropriate next steps.”

The Travellers’ Times understands that the new Home Secretary, Yvette Cooper, will decide on the future of current Home Office policies in due course.

The new police powers, part of the Criminal Justice and Public Order Act 1994 that were introduced in 2022 by the previous government, made it a criminal offence, punishable with up to three months imprisonment and/or seizure of vehicles, for Travellers to pull on to land with their homes, and then fail to comply with a request by the owner of the land to leave. The new powers also forbade anyone forced to leave from re-occupying the land within 12 months.

It was this 12 month no return part of the anti-Traveller law that the High Court said, in a judgement handed down in May earlier this year, was; “unjustified race discrimination in circumstances where there was a lack of authorised transit site provision on which Gypsies and Travellers could camp lawfully.”

The High Court challenge was brought by Wendy Smith, a Romany Gypsy, supported by Friends, Families and Travellers and the human rights campaign organisation Liberty

Chris Johnson, Wendy Smith’s solicitor, said at the time that he hoped that the High Court ruling would prompt the government to review the new law in its entirety.

“I am delighted for Ms Smith. Key parts of the enforcement powers introduced by the Police Act have been found to be unlawful race discrimination against Gypsies and Travellers,” said Chris Johnson, shortly after the judgement was handed down.

“The National Police Chiefs Council never wanted these new powers and following this judgment, it is hard to see what the new powers will add in practice. I hope that Parliament takes this opportunity to look again at the new powers as a whole.”

The government acknowledging the High Court decision is a first important step towards this happening.

The Travellers’ Times approached the government Home Office for comment last week, when we found out that the new anti-Traveller law was still being used by some police forces, even after the High Court judgement.

TT News

(Lead photograph. Appleby Fair, 2022, by Bela Varadi)