Local development plans – defining Gypsies and Travellers: interim impact assessments
Integrated interim impact assessments on a proposed definition of ‘Gypsies and Travellers’ for the purpose of local development plan regulations on evidence reports.
Interim Equalities Impact Assessment
Title of Policy/Strategy/Legislation
Consultation on a proposed definition of 'Gypsies and Travellers' for the purpose of Local Development Plan regulations on Evidence Reports.
Minister
Tom Arthur MSP, Minister for Public Finance, Planning and Community Wealth
Lead Official
Fiona Simpson, Chief Planner: Planning, Architecture, Regeneration and Place
SG Officials Involved in EQIA
Carrie Thomson, Principal Planner – Development Planning & Housing
Imesha Alawattage – Planning Regulations Manager
Directorate
Local Government and Communities
New policy and/or legislation
Following consultation and considerations of views, Scottish Government will lay regulations before the Scottish Parliament associated with the Town and Country Planning (Scotland) Act, 1997, as amended by the Planning (Scotland) Act 2019. These will provide further detail on the legislative framework for the preparation of local development plans, including the definition of 'Gypsies and Travellers' to support planning authorities in preparing their evidence reports.
Introduction
The public sector equality duty requires the Scottish Government to assess the impact of applying a proposed new or revised policy or practice. Equality legislation covers the protected characteristics of: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex (gender) and sexual orientation. An equality impact assessment (EQIA) aims to consider how a policy may impact, either positively or negatively, on different sectors of the population in different ways.
The Town and Country Planning (Scotland) Act, 1997, as amended by the Planning (Scotland) Act, 2019, sets out requirements for planning authorities to involve the Gypsy and Traveller community in the early stages of preparing Local Development Plans (LDP). This includes providing a summary of the action taken to meet Gypsy/Traveller accommodation needs and providing a statement on the steps taken to seeks views of the community, within the Evidence Report that will inform the preparation of the LDP. The Act refers that 'Gypsies and Travellers' has the meaning specified in regulations by the Scottish Ministers and requires that before making such regulations, Scottish Ministers must consult with such persons as they consider appropriate.
A consultation was carried out between December 2021 and March 2022 on proposed new regulations and guidance for Local Development Plans. That consultation proposed to hold a separate consultation on a meaning of 'Gypsies and Travellers' to be specific in regulations. This was to enable targeted involvement of the Gypsy/Traveller community and for the explanation of the specific matters associated with the requirement to be set out.
Screening
Policy Aim
The consultation is part of our wider work on planning reform and implementing the Planning (Scotland) Act 2019 (the 2019 Act). It should be viewed within the context of the overarching provisions on LDPs as set out in the Town and Country Planning (Scotland) Act, 1997, as amended by the 2019 Act.
The Scottish Government is committed to ensuring equality of opportunity for all of Scotland's Gypsy/Travellers, a particularly marginalised group. We want to ensure planning authorities properly involve the Gypsy/Traveller community in planning the future of their places.
The aim is for LDPs to contribute to the following national outcomes contained in the National Performance Framework:
- We live in communities that are inclusive, empowered, resilient and safe.
- We have a globally competitive, entrepreneurial, inclusive and sustainable economy.
- We value, enjoy, protect and enhance our environment.
- We are healthy and active.
This consultation aims to establish a definition of 'Gypsies and Travellers' to inform local authorities on who to consult in preparing the Evidence Report. By consulting members of the community and other relevant bodies, the desired outcome is an accurate and inclusive definition that enables the planning system to better support the needs of Gypsies and Travellers.
Who will it affect?
We consider there will be two main groups affected by this work, the Gypsy/Traveller community in Scotland and planning authorities. We expect there will also be wider interest from with Gypsy/Traveller community third sector bodies, other travelling communities as well as other public sector organisations.
The consultation will seek views on the proposed definition and seek views on this Equalities Impact Assessment (EQIA. An interim Business and Regulatory Impact Assessment (BRIA), interim Childs Rights and Welfare Impact Assessment (CRWIA), Island Communities Impact Assessment (ICIA) and Fairer Scotland Duty Assessment have also been undertaken and will be consulted on.
What might prevent the desired outcomes being achieved?
Defining a community is a sensitive matter. There may therefore be a wish expressed not to define the community. We are clear in the consultation that the definition relates only to the specific planning purpose of preparing the Evidence Report and will emphasise this as we engage on the consultation. We also seconded a planner with professional experience of working with the Gypsy/Traveller community to consider relevant issues as the document was prepared.
Stage 1: Framing
The Scottish Government's Planning, Architecture and Regeneration Division has led on the preparation of the consultation. A collaborative approach has been adopted in developing the consultation package, with input from the Equality Unit and a secondee with experience working with the Gypsy/Traveller community.
Human Rights
The European Convention on Human Rights (ECHR) is a binding international agreement which sets out basic human rights. Key rights relevant to the proposed regulation and consultation relate to a right to free expression, a right to free association, and a right not to be discriminated against. The Human Rights Act (HRA) incorporates the ECHR rights into UK law.
Scotland's National Performance Framework includes the human rights outcome – 'We respect, protect and fulfil human rights and live free from discrimination'. One of the indicators of this relates to 'influence over local decisions' and is measured as the percentage of people who agree with the statement "I can influence decisions affecting my local area". The Scottish Household Survey provides data for this: it shows that in 2019, 17.8% of people agreed with the statement, down from 20.1% in 2018.
Participation is an important underlying principle in applying a human rights based approach. The consultation seeks to implement the provisions of the 2019 Act, which requires planning authorities to seek the views of the Gypsy/Traveller community when preparing the evidence report. This supports this indicator of influence over local decisions, and providing a comprehensive definition in regulations further embeds this influence for the community by allowing them to be visible, identifiable and empowered.
Engagement
The responsibility for the consultation lies with the Planning, Architecture and Regeneration Division and the proposals have been developed with the assistance of the Equality Unit within the Directorate for Equality, Inclusion and Human Rights.
A town planner with professional experience of working with the Gypsy/Traveller community was seconded into Planning, Architecture and Regeneration Division. They supported the drafting of the consultation document, provided advice on engagement with the community and provided input to the interim impact assessments.
Initial Findings Summary
This is an interim EQIA and is not intended to be a definitive statement or a full assessment of impacts. It does however, present preliminary and indicative impacts that will require further consideration by the Scottish Government to inform the decision-making process on the definition of 'Gypsies and Travellers' after the consultation has taken place and prior to it being finalised.
In this interim EQIA we look at published evidence available and gathered so far under the protected characteristics as listed within the Equality Act 2010. It is important to note that the protected characteristics listed are not independent of each other and some people may have to deal with complex and interconnected issues related to disadvantage at any one time.
Initial reflections indicate that the proposal may potentially have an impact on the Gypsy/Traveller community in different ways. The level of impact differs based on the intersection of people's protected characteristics.
The evidence relation to age provides an initial indication that young Gypsy/Travellers often feel the least empowered in the decision making process within the planning system. Their needs in terms of access to transport for school, neighbourhood integration and play facilities lead to social exclusion and poor educational outcomes, that can have long impactful negative consequences for them in adult life. Gypsy/Travellers have a much younger age profile than other ethnic groups, thus young Gypsy/Travellers present a significant portion of this ethnic group whose needs must be addressed.
The evidence in relation to disability provides an initial indication that Gypsy/Travellers were more likely than the general population to have a limiting long-term health problem or disability (28 per cent compared to 20 per cent) despite the fact they had a much younger age profile. This indicates that provision of access to public transport and proximity to healthcare facilities are of increased importance.
The evidence relating to race provides an initial indication on how Gypsy/Travellers feel about their empowerment within the planning system. Research indicated that they want to be consulted about where sites should be, that they should be part of the planning process to allow a say on what type of sites and facilities are wanted, and there should be more opportunities to take part in decision making and for voices to be heard. Demographic evidence shows that this ethnic group are least likely to own a home, more likely to live in insufficient housing and face poorer health, education and housing outcomes than the rest of the population. In England, the definition of 'Gypsy and Traveller' has been challenged by members of the community for its perpetuation of exclusion to site provision.
The evidence in relation to sex/gender for Gypsy/Travellers is limited but provides an initial indication that female Gypsy/Travellers are regarded as a more vulnerable group to domestic abuse. Evidence on the overall population provides an initial indication that whilst women can find it more difficult to engage in planning processes, they are slightly more likely than men to become involved, particularly in development management.
The evidence relating to sexual orientation for Gypsy/Travellers is limited. However, evidence regarding the overall population provides an initial indication that as a whole, this group had no special needs or requirements when it came to planning. However, more recent research and guidance suggests that our understanding of the needs of marginalised groups is developing.
The evidence in relation to religion/belief for Gypsy/Travellers provides no indication that this characteristic affects their positionality within the planning system.
Extent / Level of EQIA Required
The potential impact on each of the protected groups has been considered using the information in the Scottish Government's Equality Evidence Finder and other relevant sources.
Views on the interim EQIA and a request for additional information will be sought through the public consultation. This will inform further development of the Gypsy/Traveller definition for regulations and support continued regard to eliminating discrimination, promoting equality of opportunity and fostering good relations.
Stage 2: Data and Evidence Gathering
Characteristic
Age
Evidence Gathered and Strength/quality of evidence
'We should be consulted about where sites should be', 'We should be part of the planning process to allow us to say what type of sites and facilities we want', and 'There should be more opportunities for us to take part in decision making and have out voices heard'. – Young Gypsy/Travellers discuss the United Nations Convention on the Rights of the Child.
"our sites are very far away from everything: swimming pools, school [we don't get transport provided anymore], cinemas, shops and places to eat".
A distinct lack of safe places to play and opportunities for older young people.
The geographical location of sites and the lack of public transport are also barriers which restrict young Gypsy/Travellers access not only to education, but to social and recreational activities. Young Gypsy/Travellers rights to associate and play are also reported as being disproportionately affected due to the lack of safe and suitable spaces for children to play on sites.
Young Gypsy Travellers experience inequalities from an early age. As a result of where they live, the relevance of service provision and/or their experiences of discrimination, children and young people often face:
- A lack of access to pre-school, out-of-school and leisure services;
- Low participation in secondary education with negative experiences/bullying given as the reason for leaving at an early age;
- Poor and declining educational attainment with low levels of literacy and numeracy;
- Uncertainty around their accommodation and potentially their relationship with people living in the vicinity;
- A sense that their needs and identities are not being reflected or met within mainstream services.
Substantial negative psychological impact has also been shown in children who experience repeated evictions, family tensions associated with insecure lifestyles and ongoing hostility from the wider population.
There is a general perception that Gypsy/Traveller pupils are more likely to be subjected to bullying and harassment in class and in the playground. Some of this is racist abuse and behaviour. Gypsy/Traveller pupils have indicated that their reluctance to come to school is often associated with the fear or reality of racism and bullying and harassment.
Source
I Witness: The UNCRC in Scotland
gypsy and travellers 2012.pdf (eis.org.uk)
Characteristic
Disability
Evidence Gathered and Strength/quality of evidence
Gypsy/Travellers were more likely than the general population to have a limiting long-term health problem or disability (28 per cent compared to 20 per cent) despite the fact they had a much younger age profile. Within this, they were also more likely to be limited 'a lot' by a long-term health problem or disability (16 per cent compared to 10 per cent).
Source
Gypsy/Travellers in Scotland - A Comprehensive Analysis of the 2011 Census - gov.scot (www.gov.scot)
Characteristic
Gender reassignment
Evidence Gathered and Strength/quality of evidence
We have not been able to gather any information regarding this characteristic.
Source
N/A
Characteristic
Pregnancy and maternity
Evidence Gathered and Strength/quality of evidence
We have not been able to gather any information regarding this characteristic.
Source
N/A
Characteristic
Race
Evidence Gathered and Strength/quality of evidence
In 2011, Gypsy/Travellers in Scotland, compared to the population as a whole, were less likely to own their own home, more likely to live in a caravan, and more likely to live in overcrowded accommodation.
Accessible, affordable legal representation and or mediation should be made available for members of the Gypsy/Traveller community so that they may gain equal access to decision making within planning processes/appeals.
A number of studies have reported that Gypsies and Travellers continue to face high levels of racial discrimination, contributing to and exacerbating the inequalities they experience.
4 out of 5 (77%) of Gypsies, Roma and Travellers have experienced hate speech or a hate crime. This ranged from regularly being subject to racist abuse in public to physical assaults.
Despite the experience of prejudice being so common for Gypsies, Roma and Traveller (GRT) only 1 out of 5 (13%) sought help. GRT people said they felt the police or legal professionals would not help them so saw seeking help "pointless".
Half of Gypsy, Roma and Traveller people have experienced discrimination in the workplace. This ranged from being fired once the company learned of their heritage to colleagues refusing to work with them because of their ethnicity.
The dominant coping mechanism Gypsies, Roma and Travellers used when trying to avoid racism was to try and hide their ethnicity (77% said they regularly attempted to hide their ethnicity).
70% of Gypsies, Roma and Travellers said they had experienced prejudice in education, with teachers being mentioned most frequently in the context of perpetuating stereotypes and overlooking bullying and racism
There has been a long-term policy and practice failure to deliver and manage Gypsy and Traveller site in the UK. The resulting shortage of sites manifests itself in unauthorised encampments, weakened community cohesion and expenditure on clearing up and eviction.
More importantly these protected ethnic groups face poorer health, education and employment outcomes and feel marginalised in society. A mutually beneficial outcome would result from appropriate levels of site provision to meet needs.
Good quality sites are provided in some areas, but historically a number of councils only use reactive enforcement measures against encampments. In other areas there may be sites, but they are so poorly managed that they are expensive and unsustainable.
National policy and legislation has also not provided the impetus to deliver sufficient sites and is often not enforced.
The change of planning definition of Gypsies and Travellers (in England) has excluded a significant number of Gypsies and Travellers from pitch needs assessments and future provision.
Gypsy Travellers are recognised as an ethnic group. The Equality Act 2010 protects people who are recognised as a distinct ethnic group from being discriminated against on the grounds of ethnicity. The Scottish Government has made a commitment to make sure there is equality for Gypsy Travellers by integrating their needs into policies such as health, education and social services.
Gypsy, Roma and Traveller people have the worst outcomes of any ethnic group across a huge range of areas, including education, health, employment, criminal justice and hate crime. Too often local authorities and public services fail to differentiate between different groups who have different needs. Our inquiry has found that, while many inequalities have existed for a long time, there has been a persistent failure by both national and local policy-makers to tackle them in any sustained way. This failure has led to services that are ill-equipped to support Gypsy, Roma and Traveller people to use services that they need and are entitled to.Source
Gypsy/Travellers in Scotland - A Comprehensive Analysis of the 2011 Census - gov.scot (www.gov.scot)
Houses of Commons Library: Gypsies and Travellers
Briefing: Accomodation issues facing Gypies and Travellers in England
Characteristic
Religion/belief
Evidence Gathered and Strength/quality of evidence
Gypsy/Travellers were much less likely to identify as 'Church of Scotland' and much more likely to identify as 'Other Christian'.
Source
Gypsy/Travellers in Scotland - A Comprehensive Analysis of the 2011 Census - gov.scot (www.gov.scot)
Characteristic
Sex/Gender
Evidence Gathered and Strength/quality of evidence
Gypsy, Roma and Traveller Women who are trying to leave abusive homes face barriers that go beyond those that non-Gypsy, Roma and Traveller women experience. Gypsy and
Traveller women often lose their extended community network when a relationship ends. While this can be due to ostracisation, it is also likely that a woman will be living either on a site or very near to her extended family and, if she needs to leave her home, she will need to be housed far away for her own safety.
Local authorities should ensure that Gypsy, Roma and Traveller women have access to a single, trusted contact who provides them with the information and support they need. Should this contact be from a charitable organisation, local authorities must ensure that the organisation has sufficient funding to sustain the necessary support.
Source
Characteristic
Sexual Orientation
Evidence Gathered and Strength/quality of evidence
As a whole, this group had no special needs or requirements when it came to planning. However, more recent research and guidance including in the World Bank's Handbook for Gender-Inclusive Urban Planning and Design (2020) suggests that our understanding of the needs of marginalised groups is developing.
Source
World Bank Handbook for Gender Inclusive Urban Planning and Design (2020)
Data gaps identified and action taken.
Stage 3: Assessing the impacts and identifying opportunities to promote equality
This section considers the potential impacts – negative, positive and neutral – that the proposed definition might have on each of the protected characteristics. It has been undertaken using the evidence gathered to date. This is indicative of the potential impacts and will be subject to review following the consultation.
Do you think that the policy impacts on people because of their age?
Age
Eliminating unlawful discrimination, harassment and victimisation: Positive
Advancing equality of opportunity: Positive
Promoting good relations between different age groups: Positive
Reason for your decision
The proposed definition is broad, covering 'persons of nomadic habitat of life' and is inclusive in specifying this includes those who on grounds of their own or family's or dependents educational needs or old age have ceased to travel.
We have identified young Gypsy/Travellers as a key group to try and engage in the consultation which will allow them greater opportunity to make their views heard.
Do you think that the policy impacts disabled people?
Disability
Eliminating unlawful discrimination, harassment and victimisation: None
Advancing equality of opportunity: Positive
Promoting good relations: Positive
Reason for your decision
The proposed definition is broad, covering 'persons of nomadic habitat of life' and is inclusive in specifying this includes those who on grounds of their own or family's or dependents educational needs or old age have ceased to travel. The definition sits within wider regulations that aim to support the needs and aspirations of disabled people through Local Development Plans.
Do you think your policy impacts on people proposing to undergo, undergoing, or who have undergone a process for the purpose of reassigning their sex? (NB: the Equality Act 2010 uses the term 'transsexual people' but 'trans people' is more commonly used)
Gender Reassignment
Eliminating unlawful discrimination: N/A
Advancing equality of opportunity: N/A
Promoting good relations: N/A
Reason for your decision
Not assessed
Do you think that the policy impacts on people because of pregnancy and maternity?
Pregnancy & Maternity
Eliminating unlawful discrimination: N/A
Advancing equality of opportunity: N/A
Promoting good relations: N/A
Reason for your decision
Not assessed
Do you think the policy impacts on people on the grounds of their race?
Race
Eliminating unlawful discrimination: Positive
Advancing equality of opportunity: Positive
Promoting good relations: Positive
Reason for your decision
The proposed definition is broad and inclusive, covering 'persons of nomadic habitat of life whatever their race or origin'. Identifying this within regulations will provide clarity for planning authorities on whose views they are to seek in preparing the evidence report and therefore to have views heard, particularly in relation to accommodation needs. This engagement allows planning authorities to set up a permanent and progressive relationship with the community, encouraging them to participate in the planning system.
Do you think the policy impacts on people because of their religion or belief?
Religion/Belief
Eliminating unlawful discrimination: None
Advancing equality of opportunity: None
Promoting good relations: None
Reason for your decision
The definition that seeks to identify Gypsy/Travellers does not make distinction based on religion for the purposes of LDP regulations. Whilst we don't have specific evidence that participation in planning is disproportionately low for people with this protected characteristic, we would suggest that there may be value in ensuring that participation forms part of a collaborative approach to community engagement.
Do you think that the policy impacts on men and women in different ways?
Sex/Gender
Eliminating unlawful discrimination: None
Advancing equality of opportunity: None
Promoting good relations: None
Reason for your decision
The definition that seeks to identify Gypsy/Travellers does not make distinction based on sex/gender for the purposes of LDP regulations. While research on the experiences of Gypsy/Traveller men and women is limited, Local Authorities are guided under the principles of the Planning (Scotland) Act 2019 to take into account those who may be directly, or indirectly impacted by proposals, and provide opportunities for a diverse range of people to express their views.
Do you think that the policy impacts on people because of their sexual orientation?
Sexual Orientation
Eliminating unlawful discrimination: None
Advancing equality of opportunity: None
Promoting good relations: None
Reason for your decision
Evidence indicated that as a whole, this group had no special needs or requirements when it came to planning.Do you think the policy impacts on people because of their marriage or civil partnership?
Marriage/Civil Partnership
Eliminating unlawful discrimination: N/A
Advancing equality of opportunity: N/A
Promoting good relations: N/A
Reason for your decision
Not required.
Stage 4: Decision making and monitoring
Identifying and establishing any required mitigating action
Have positive or negative impacts been identified for any of the equality groups?: The interim review has identified at this stage a range of potential positive impacts. This is an indicative assessment and will subject to review following consultation.
Is the policy directly or indirectly discriminatory under the Equality Act 2010?: No
If the policy is indirectly discriminatory, how is it justified under the relevant legislation?
If not justified, what mitigating action will be undertaken?: N/A
Describing how Equality Impact Analysis has shaped the policy making process
The proposed regulation and consultation seek to define 'Gypsies and Travellers' for the purposes of the LDP Evidence Report within Planning regulations. The overall approach has been to promote inclusion, equality and good relations with the Gypsy/Traveller community throughout the consultation to ensure the definition set out in regulations is comprehensive and beneficial to the community. Equality Impact Analysis has allowed us to consider the intersections by which impact differs and highlight these groups when identifying consultees.
Monitoring and Review
Evidence gathered during the consultation will help inform the full EQIA which will be completed when we finalise work on the regulations and guidance.
Stage 5 – Authorisation of EQIA
Please confirm that:
This Equality Impact Assessment has informed the development of this policy:
- Yes X
- No
Opportunities to promote equality in respect of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation have been considered, i.e.:
- Eliminating unlawful discrimination, harassment, victimisation;
- Removing or minimising any barriers and/or disadvantages;
- Taking steps which assist with promoting equality and meeting people's different needs;
- Encouraging participation (e.g. in public life)
- Fostering good relations, tackling prejudice and promoting understanding.
- Yes X
- No
If the Marriage and Civil Partnership protected characteristic applies to this policy, the Equality Impact Assessment has also assessed against the duty to eliminate unlawful discrimination, harassment and victimisation in respect of this protected characteristic:
- Yes
- No
- Not applicable X
Declaration
I am satisfied with the equality impact assessment that has been undertaken for the Local Development Planning Regulations and Guidance Consultation and give my authorisation for the results of this assessment to be published on the Scottish Government's website.
Approved by: Fiona Simpson
Position: Chief Planner
Contact
Email: LDPRegsandGuidance@gov.scot
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