(2 days ago)
Lords ChamberMy Lords, Manchester’s famous Christmas markets are now in full swing. If you’re visiting my city any time in the next few weeks, until the last few days before Christmas, you are most welcome to patronise them. However, that was not the case for a number of young people from Gypsy, Roma and Traveller backgrounds this time last year. They were turned away by police at the railway station on the supposition that they must have come to commit crime. Children were seen being forced on to trains heading to unknown destinations, separated from family members, and subjected to physical aggression. That included shoving, hair-pulling, and handcuffing. Several individuals reported officers making disparaging remarks about their ethnicity.
It is a sad fact that in 2025, it remains acceptable in our society to treat Gypsy, Roma and Traveller people in ways that seek to drive them to the margins of society. The Police, Crime, Sentencing and Courts Act 2022, which amended the 1994 Criminal Justice and Public Order Act in respect of unauthorised encampments, included changes in respect of which, as we have just been reminded by the noble Lady, Baroness Whitaker, the High Court has made a declaration of incompatibility under Section 4 of the Human Rights Act 1998. Police powers were expanded beyond the original provisions of the CJPO Act, allowing officers to arrest, seize vehicles, and forfeit property if individuals failed to leave when directed. The PCSC Act also extended those powers to cover land on highways, increased the no-return period from three months to 12 months, and broadened the types of harm that justify eviction, removing the previous need to demonstrate threatening behaviour or damage.
I opposed those changes in your Lordships’ House then, and I do so still. The overwhelming reason why illegal encampments take place is simple. As the noble Baroness, Lady Whitaker, has just reminded us, it is down to the continuing failure of local authorities across the nation to provide sufficient legal sites. There are few votes for local councillors in providing Traveller sites; alas, there are many more votes for those same councillors in closing or refusing permission for them. That is a direct consequence of the same prejudiced attitudes against the Gypsy, Roma and Traveller community which underlay the distressing treatment of the young people in Manchester last year. Amendment 49 can be a first step towards rectifying that institutionalised injustice.
I hope that in responding to this debate, the Minister, can give us some indication of how His Majesty’s Government intend to legislate, both in this Bill and elsewhere, to tackle the persistent levels of discrimination against the Gypsy, Roma and Traveller community.
My Lords, I wish to speak in support of the noble Baroness, Lady Whitaker, and thank her for tabling this important amendment. The noble Baroness has laid out the arguments extremely carefully and clearly. Romany and Traveller people experience stark inequalities. They are subject to a wide range of enforcement powers against encampments. Part 4 of the Police, Crime, Sentencing and Courts Act, introduced in 2022, created a new criminal offence relating to trespass and gave police tougher powers to ban Gypsies and Travellers from an area for up to 12 months, alongside powers to fine, arrest, imprison and seize the homes of Gypsies and Travellers.
This draconian amendment was tabled and supported by the previous Conservative Government. It took no account of whether elderly relatives or children were on site, or whether a woman might be in the late stages of pregnancy. It was a broad, sweeping power which the police had not asked for; nor did they want it.
On several occasions I called on the previous Government to require all local authorities to provide adequate permanent sites for Romany people and Traveller people, as well as temporary stopping sites to accommodate the cultural nomadic lifestyle—but to no avail. His Majesty’s official Opposition prefer the scenario where, due to the absence of authorised stopping places or sites, illegal camping is dealt with in a draconian manner. The Gypsies and Travellers are evicted and thrown in prison; their caravan homes and vehicles are seized; and their children are taken into care—all a burden on the taxpayer, with no thought to the humanitarian impact on the Romany people and Travellers themselves. Making a nomadic, cultural way of life a criminal activity was and is appalling and is out of all proportion, and it is in breach of Section 4 of the Human Rights Act 1998.
In Somerset there was previously adequate provision of both temporary and permanent sites for the Traveller community. I am pleased to say that I worked very hard to get those sites up and running, against huge opposition. Some of those sites have since been closed. I now live in Hampshire, where I am to all intents and purposes surrounded by Traveller sites. They live round the corner; they live at the bottom of the road I live in; their children go to the local schools, both primary and secondary; their babies are baptised in the church. One baby girl was baptised yesterday, surrounded by over 100 well-wishers from her extended family. We bought our logs from the man who lived down the road. Sadly, he died earlier this year, and we now buy from his grandson, who has taken over his grandfather’s business. There is nothing but good will and respect between the Travellers and the rest of the community.
There will, of course, be those who live close to very large, unmanaged, sprawling Traveller sites. I have some sympathy with those people. However, if their local authority had made adequate provision in the first place, with sites having adequate toilet and water facilities, maybe they would not be in the current unfortunate circumstances we hear about.
I thank the right reverend Prelate the Bishop of Manchester for reminding us how Gypsies and Travellers are still treated. It is a disgrace. It really is time that proper provision be made for those who have a culture different from those of us living in bricks and mortar. Now is definitely the time to ditch the legislation of 2022. It was not needed then, and it is not needed now. I fully support this amendment and look forward to the Minister’s response.