Whilst commending the contribution Gypsy/Travellers make to Scottish life and calling for better site provision Mid-Scotland and Fife MSP, Murdo Fraser, has urged the Scottish Government to support residents who are dealing with the effects of anti-social behaviour caused by illegal Gyspy/Traveller sites.
Speaking in the Chamber Murdo said (check against delivery)
“The emergence of unauthorised traveller camps is a pressing matter for Local Authorities in both Fife and Perth and Kinross.
“Members present who represent Fife and who attend the regular meetings that we have with Fife Chamber of Commerce will be familiar with the many complaints there are from businesses, and local residents, about travellers pitching up on privately owned land and refusing to move. In some instances when travellers move on, these unauthorised sites (I say unauthorised but they are actually illegal) are left in a filthy state, covered in rubbish, dog waste and even excrement. In a perverse legal twist, it is the business or land owner who is then left with the task, and cost, of clearing up the mess.
“This behaviour is not just morally and socially unacceptable, it is also illegal. The Trespass (Scotland) Act 1865, still extant, makes it a criminal offence to camp on land without the owner’s permission. So why are there no prosecutions when we see such a flagrant breach of the law?
“Because national guidance from ACPOS includes a general presumption against prosecution. So those who are victims of this behaviour, despite the fact that the law is on their side, will not usually have the assistance of the authorities. This cannot be acceptable. We cannot have a situation where the police refuse to arrest travellers who are in breach of the law.
“Now I entirely accept that the lack of traveller specific sites, without doubt, exacerbates this issue, but two wrongs do not make a right, and the rule of law should be enforced regardless of non-harassment policies. Private citizens, and businesses, should not have to suffer because of the failings of local authorities.
“Some, maybe not a majority, of travellers believe that they have carte blanche to do whatever they want without fear of prosecution from the police- this must change in order to allow a more harmonious relationship between travellers and the community in which they live.
“I am calling for some common sense on this issue.
“Residents whose lives are negatively impacted by travellers must have the backing of the police and law makers. And likewise, travellers who suffer from discrimination and hate crime abuse must also have the backing of law enforcement officials.
“Mutual respect, understanding and common sense must be the cornerstones of any future Traveller strategy. The Scottish Government has an important role to play in ensuring that gypsies are given access to clean, habitable sites and good education, but in exchange travellers must also recognise their responsibilities as part of society.”