Local Development Plan evidence report – defining Gypsies and Travellers: consultation analysis

6. Responses from in-person engagement sessions

In preparation for this consultation, the Scottish Government ran a planning workshop at a Gypsy/Traveller community event in Edinburgh in November 2022. The Planning, Architecture and Regeneration Division took the opportunity of this event, which is part of a series hosted regularly to engage Gypsy/Traveller community members with government and third sector organisations, to have early engagement on the proposed draft definition and gain insight from communities. Given the nature and format of the event, a detailed record of individuals taking part in the planning workshop was not made. Approximately 10 to 15 individuals took part in the discussion. As part of this consultation, the Scottish Government also hosted three face-to-face engagement sessions with members of the Gypsy/Traveller community on the proposed definition of 'Gypsies and Travellers'. These sessions were held on three different Gypsy/Traveller sites in Fife, South Lanarkshire and Clackmannanshire from the 9^th to 11^th February 2023, and a total of 23 participants attended across all three sites. Most of these participants identify as 'Gypsy/Travellers', but the sessions also included a small number of local authority staff.

Planning workshop – community event

Participants believed that in clause (i) the reasons stated for ceasing to travel should not be limited to 'educational needs, health needs or old age' as this does not reflect the experiences of participants and members of their communities as to why they stop travelling. Most participants indicated that they do not live in a society or system that accommodates the travelling lifestyle, and therefore are ultimately forced to stop travelling. Participants also highlighted that the proposed reasons suggest that ceasing travel is a personal choice and not a result of systemic limitations. Instead of including additional reasons to this clause, participants believed it would be more inclusive to leave this broad with no example reasons as this would mean that no Gypsy or Traveller would have to prove the reasons they stop travelling to local authorities.

Participants also suggested the inclusion of an additional clause that adds a distinction for ethnic Gypsy/Travellers, similarly to how 'Travelling Showpeople' are explicitly mentioned. While they recognise that they would technically fit under the umbrella term of 'nomadic cultural tradition', they did not want to feel homogenised under a broad category. Furthermore, a couple of participants stated that they recognise themselves as Gypsies and Travellers more on the basis of ethnicity and history than by culture and tradition, and therefore would like to see that reflected.

Participants had concern on how local authorities would engage with this definition at the evidence report stage of LDP preparation, i.e. would community members have to prove their Gypsy or Traveller identification and can local authorities decide that they are not of the community despite self-identification. Conversely, participants also agreed that the definition is very broad and could risk local authorities engaging with a small pool within these communities (e.g. just one or two New Age Traveller families) and use this as a means to claim they have consulted with all Travelling communities in their area.

Participants noted that 'nomadic cultural tradition' should be scrutinised to better understand whether this reflects all Gypsy and Traveller communities (i.e. New Age Travellers, Boaters) and whether this culture has to be historical and can therefore exclude New Age Travellers.

On-site engagement sessions

The three engagement sessions on Gypsy/Traveller sites were co-organised and facilitated by MECOPP to enable optimal engagement and collaboration between the Scottish Government and Travelling community members. These visited were hosted by one member from the Scottish Government and two members from MECOPP, and took the form of 2-3 hour site visits where residents had the opportunity to read and engage with the proposed definition and make their views heard.

Fife engagement session

There were some questions from participants on whether a definition needed to be written when processes are already in place where authorities consult with the Travelling communities of their area without the aid of a definition.

Most importantly, the protection of ethnic minority status for Gypsy/Travellers and therefore the preservation of their protected characteristics was paramount to participants. Participants wished to highlight that 'Gypsy/Travellers' are already established in case law as meeting the benchmark for a distinct ethnic group and therefore protected under the Equality Act 2010. Thus, their view is that the definition should reflect this distinction to preserve this status. Participants viewed the inclusion of Showpeople and circus people underneath the same heading as Gypsy/Travellers as too broad and a detriment of 'ethnic' Gypsy/Travellers. Participants recognise the necessity to include Showpeople and circus people as Travelling persons with planning needs but believe that a separation of subheadings for Showpeople and ethnic Gypsy/Travellers would be a more accurate distinction.

Participants also raised concern over the way this definition could impose on or restrict an individual's identity, as local authorities may use the wording of the definition to claim a Travelling person is not a 'Gypsy or Traveller' or to impose the term on those who do not see themselves as Travellers. Thus, the right to self-determination was highlighted by participants as key in mitigating these potential situations, and that it would be an infringement of international law to remove this right.

Participants believed that the outlined reasons for ceasing travel do not recognise that the real reasons are not always a positive or personal choice but often a consequence of the imposition of external factors such as the erosion of traditional stopping places, lack of culturally appropriate accommodation and limited access to land.

Participants mentioned that the inclusion of 'persons with a cultural tradition of nomadism' without specifying any limitations or timescale to its practice could be misused – but ultimately participants agreed that there is no limit to self-identification and so the right to identify as a nomadic person should be respected and included.

Participants raised concern over the inclusion of clause (iii) that reads 'persons who require the provision of land for temporary or permanent living' as it is too broad and can include settled communities who require land. The recommendation from participants was to remove this section or rewrite it to be specific to Gypsies and Travellers.

South Lanarkshire engagement session

Participants were concerned that the proposed definition was homogenising ethnic Gypsy/Travellers with Travelling Showpeople and New Age Travellers, when in reality these are distinct and separate communities. Participants highlight that this can create confusion and detract from the protected ethnic status of these specific Gypsy/Traveller groups. The recommendation was to include a separate statement on 'ethnic Gypsy/Travellers' to maintain their distinct characteristics.

Participants suggested adapting or removing clause (i) that states the reasons for ceasing travel as they did not see a need to state any specific reasons. Participants believed this wording sends a negative message that one has to travel to be a Gypsy or Traveller, and for many of the participants it is their ethnic identity and therefore they are born to it regardless of travel patterns.

Participants believed that clause (iii) which includes persons who require the provision of land for temporary or permanent living is unclear as to who it relates to. They also believed that citing the Caravan Sites Act 1968 contributes to the idea that caravans are the only form of accommodation for Gypsies and Travellers and excludes the use of chalets and other forms of accommodation.

Alongside the statutory definition, participants suggested that there be further guidance developed to support the implementation of this definition for local authorities.

To further improve the processes through which local authorities engage with Gypsies and Travellers, participants suggested that members of the communities be employed to support consultation and engagement with community members, especially to reach community members living in brick and mortar housing. Participants also believe that planning processes should be more straightforward and Gypsies and Travellers should be better supported within the process. For these participants in particular, they highlight that their planning needs are more in line with having access to private yards, not the development of large sites as a business proposition.

Clackmannanshire engagement session

Participants expressed concern that the inclusion of different types of communities who are not 'ethnically' Gypsies or Travellers in the proposed definition could cause confusion for local authorities about who they have to consult with. Thus, participants recommended that 'ethnic' Gypsy/Travellers have their own statement to be seen as separate from Showpeople and New Age Travellers. This distinction is important for local authorities to know when they are engaging with groups who are recognised ethnic minorities and therefore have protection under the Equality Act.

Participants felt that clause (ii) that states the reasons for ceasing travel as unrepresentative of the real reasons that Travellers are no longer travelling which are usually more structural in nature. Participants suggested removing this point altogether or not disclosing the needs for ceasing travel.

Participants wished to highlight that the planning needs for Showpeople and circus people and the planning needs for ethnic Gypsy/Travellers are usually different and should be regarded as such, as Showpeople may need access to land for more business-related endeavours while Gypsy/Travellers have their own accommodation needs.