Tougher laws in Policing Bill to crack down on unauthorised encampments risk breaching human rights of Gypsies, Roma and Travellers, MPs warn

Tougher laws to crack down on unauthorised encampments could breach the human rights of Gypsies, Roma and Travellers, a group of MPs and peers has warned.

There is a 'significant risk' measures put forward by the Government as part of its Police, Crime, Sentencing and Courts Bill could have a 'disproportionate impact' on the rights of such communities, according to the findings of a parliamentary inquiry.

The wide-ranging legislation is part of efforts to overhaul the justice system, cut offending and make streets safer, the Government said.

But the Joint Committee on Human Rights has made a number of recommendations for amendments to the Bill - which includes proposals to give police more powers to tackle unauthorised encampments which interfere with the ability to use land.

Committee chairman Harriet Harman said: 'This Bill takes a major step in making it a criminal offence for Gypsy, Roma and Travellers communities to be on private land without consent.

MPs have been warned that stricter measures on unauthorised encampments could breach the human rights of Gypsies, Roma and Travellers

Campaigners previously warned the proposals in the Bill are based on 'racial hatred' and would threaten the communities' right to live a traditional, nomadic way of life

'The JCHR has made a number of proposals to clarify and limit these new offences to ensure that the human rights of these communities are respected at the same time as landowners have their property rights protected.'

Although the Government must protect the rights of all concerned, they 'should not use criminal law to address what is essentially a planning issue', the findings said, adding: 'Gypsy, Roma and Traveller communities often have little option available to them other than unauthorised encampments, because local authorities are failing to build a sufficient number of authorised sites.'

If proposals to criminalise unauthorised encampments are pursued, the Government should 'reintroduce a statutory duty on local authorities to make adequate site provision for traveller communities. 

'This would likely have a much greater effect on reducing the number of unauthorised encampments than the imposition of a new criminal offence'.

The report warned that without changes, the Bill is 'likely to be in breach of the right to respect for private and family life' under Article 8 of the European Convention on Human Rights, the committee warned, adding: 'To criminalise unauthorised encampments without providing sufficient authorised sites would be contrary to the Government's obligation to facilitate the Gypsy, Roma and Traveller way of life.'

It proposed instead that criminal action should only be brought against those where an authorised site has been made available by the council for the area as a more 'proportionate' option.

The proposals could also be in contravention of Article 14, 'that human rights and freedoms be secured' as some clauses of the Bill 'have the potential to discriminate against Gypsy, Roma and Traveller people, putting at risk their right to practice their culture without being unfairly criminalised' and this would 'likely to be subject to legal challenge, if unaltered', the report said.

Plans for police to seize property and vehicles must 'never be used to make Gypsy, Roma and Traveller people homeless, particularly children and older people', it added.

The committee said: 'The Government can do better to protect that way of life and do more to tackle the discrimination that Gypsies, Roma and Travellers continue to face.

'While a small minority of the travelling community pose challenges for local authorities and law enforcement, the vast majority of Gypsies, Roma and Travellers are law-abiding exponents of a centuries-old way of life.

'The Government must take particular care to ensure that its actions do not exacerbate the discrimination that continues to be faced by the Gypsy, Roma and Traveller community.'

Some campaigners previously told the committee the proposals in the Bill are based on 'racial hatred' and would threaten the rights Gypsy, Roma and Traveller people have to live a traditional, nomadic way of life.

Travellers who broke into a park less than a mile from Windsor racecourse were moved on just 24 hours after being ordered to relocate 30 caravans from the 'Queen's front garden', Windsor

Police were at the scene of the latest traveller site in Dedworth in June, before the group were moved on

They called for more authorised encampments and approved stopping or transit sites to avoid those unauthorised sites being set up on private or public land.

A Home Office spokesperson said: 'The vast majority of Travellers are law abiding, and we recognise their right to follow a nomadic way of life in line with their cultural heritage.

'Unauthorised encampments reflect badly on the law-abiding Traveller community - they can cause misery to those who live nearby, with communities impacted by problems such as being unable to access or use their land, and excessive noise and littering.

'It's therefore right we are giving the police the powers they need to address this issue and the government will continue its work to provide more authorised sites for Travellers to reside on. We expect police to treat all communities with respect and enforcement decisions will absolutely not be made on the basis of ethnicity or race.'

Earlier this summer, a group of 30 caravans belonging to a travelling community broke into a park less than a mile from Windsor racecourse 

In June, travellers had previously been moved on from setting up a temporary camp on The Long Walk outside the gates of Windsor Castle.

They had ignored warning signs that vehicles were prohibited from the stretch of road to park their caravans in full view of the Castle.

Police and park rangers dispersed the group within a couple of hours but not before Prince Andrew drove his Range Rover through the assorted caravans and work vehicles.