Agenda item 2 is our second evidence session in our review of progress on Gypsy Travellers. I welcome Dr Gwynedd Lloyd and Dr Pauline Padfield from the Scottish Traveller education programme; Dr Rafik Gardee and Martha Kennedy from the National Resource Centre for Ethnic Minority Health; and Dave Simmers from the Traveller Education and Information Project (North East). We have a lot of work to get through, so we will go straight to questions. I thank the witnesses for their written submissions, which have helped the committee to think about some of the issues and which will be fed into our report.
Can I correct something? I am actually from the Gypsy/Traveller Community Development Project in Maryhill.
That project is an important programme with which we work closely. The success of our work is dependent on the community's support and help.
Clearly, the community development project is vital. We will ensure that the information is correct in the Official Report.
Schools get stacks of guidance, all of which is equally important. The key issue is not so much why the guidance has not been taken up, but what can be done to encourage schools to take it up more effectively. The important issue is the extent to which the use of the guidance and its impact on practice in schools are monitored. Her Majesty's Inspectorate of Education has recently published a document that relates to "How good is our school?" called "Taking a closer look at: Inclusion and Equality—meeting the needs of Gypsies and Travellers", which means that, when inspections take place, HMIE will look for evidence that schools are responding to the guidance and to issues to do with Gypsies and Travellers. That is a positive step.
Yes, because if HMIE takes the issues into account, schools will have to follow the guidance.
In the area where I am a family support worker, the local primary school that Gypsy Travellers go to is to be closed down. I have written to the director of education to state that those primary-age kids will be withdrawn from primary education. The council proposes an on-site facility, which is all good and well—half of the Travellers will probably want that, but the rest will not. That proposal is social exclusion, not inclusion. I know that money is going into super-schools and that they are popping up all over, but they are aimed at a certain group of people. Primary education is really important.
In some cases, it is the only education that children receive.
Exactly.
Has the local authority said whether it will make travel arrangements for kids who have to go to another school when the existing one closes down?
The new plan has not been finalised. As soon as it is, the director of education will give us the details. However, the plan has just been flung together. There is a long history of Gypsy Travellers using the school, but they will not go to the super-school. Therefore, some provision will have to be made. Generally, trying to get on-site provision is like getting blood out of a stone, but the council is now saying, "Here, take an on-site facility and educate yourself." That is exclusion, not inclusion.
The Scottish Traveller education programme's research shows that local authorities could try harder to ensure that transport arrangements between sites and local authority schools are in place. Does that reflect the local authorities' lack of understanding of the requirements or are there other reasons, such as funding? That relates to the issue that Martha Kennedy raised about local authorities perhaps not understanding the implications of their decisions in relation to Gypsy Traveller families and communities.
To give another example from my area, a new transit site is proposed on a landfill site. The transport issue will arise again. The piece of paper says that there has been consultation, but there has been none. We have virtually been told that it is that site or no site. What consultation is that?
So the council said, "Take it or leave it" and there was no consultation. That perhaps reflects a lack of understanding of the needs of the communities.
Martha Kennedy's point is profoundly important. In documents that describe the conditions on sites, I often read about roads that people will not take transport down, and which taxi drivers will not go down, because they are in such a poor state. Also, where transport arrangements are put in place but the family moves, or where transport arrangements are not needed for a while because there are no children, there is difficulty with the need constantly to revisit the problem and ensure that transport arrangements are set up.
Local authorities tend to think that transport is about distance, but for many Traveller parents it is about safety. It is about their kids being safe when they go to school.
My questions are directed to the Scottish Traveller education programme. In your report, you express strong concerns about the lack of testing and attainment of Gypsy Traveller pupils in national examinations. You state that
Do you mean the reasons for the lack of testing or the reasons for the lack of comment?
Both.
A reason for the lack of comment might be that the schools were asked a considerable number of questions in the questionnaire.
I am not sure that the word "testing" is useful in the context. Our research evaluates what the Executive asked us to evaluate, but there is a much wider question about the lack of educational achievement of Gypsy Travellers and the difficulties that schools face in assessing where pupils are and providing them with appropriate learning opportunities when they arrive in a school. We still hear stories about children being given things to colour in.
We have an adult education co-ordinator who fills out a learning plan when a child is in the area. She is not supposed to work with the child because she is concerned with family literacy, but she completes a work plan to see where the child is in their schooling and the learning plan is available for the child to take to their next school.
Please could you give us some information on that? That would be helpful to the committee.
Okay.
In the report that STEP has produced, you stress the need for more effective partnership working—you have just alluded to that—and the need to broaden that out between other agencies such as housing and health and the Gypsy Traveller families to deliver against the committee's recommendation for education. Why is that partnership working currently lacking, and what should be done to achieve it?
Every committee in the Parliament is probably addressing the question of joined-up working and how difficult it is. It is about political will within the councils. Our report shows that some councils are much further ahead than others in that practice, and that some local areas are further ahead than others.
Joined-up working is fundamental to the whole exercise. Health service reforms—especially the development of community health care partnerships as single structures—mean that local authorities are now part and parcel of the wider context of decision making at health board level and at community partnership level. That allows us the opportunity to work in an integrated setting. It is a not a new way of life, but it is important.
It is also important that people in education understand that there is no point in considering education on its own, as it is tied up with accommodation and health, which need to be considered together.
As a family support worker, I have been invited to attend meetings of the school board of the school that we are trying to save, but nobody will invite the parents of the Gypsy Traveller children. They will invite a project and a representative, but they will not invite the parents. Until they start to get the parents involved, it is "us against you".
That is a suspicion around education as well.
Several years ago, we produced the important "Fair for all" report, which examined the disadvantages of the various marginalised communities, and Gypsy Travellers were part of the whole exercise. Out of that came an important document from the Scottish Executive—a Health Department letter that suggested what was expected generally of care services. Only when such documents can be translated into practical processes will the system work, and it is important that that is done jointly with the communities at large.
All these things are important. On the ground, where it seemed to work was where people had good relationships with those people in other areas of their local authorities. For example, health visitors would see a family camped and would phone the education workers—the Traveller teachers—or the site managers would phone up the school to say that they had a new family on their site. If something does not happen at that profound level, nothing happens. Travellers ask for assistance, but their requests fall on deaf ears.
That point is important. We often concentrate on where things are not working well, so it is good to hear about where things can work well. Do you have any specific examples of that? Do you feel that we have made progress over the past four years? If so, in what areas?
I think that substantial progress has been made, but you are talking about progress in relation to a really huge issue—centuries of prejudice and discrimination. A little chip has been made in that. It is wonderful that the Scottish Parliament is pursuing this inquiry. The more that public figures in Scotland affirm their association with the idea that Traveller culture is part of Scottish society, the better things will be.
Our project has a scheme running in South Lanarkshire that is an alternative to school for teenagers. That is normally unheard of, because Gypsy Traveller children of secondary school age do not normally go to school. The group runs twice a week and covers what is appropriate for the kids who go to it, not what is generally taught in the high schools or secondary schools. They have made a DVD for training purposes, which we are going to use for the awareness-raising training that we do.
STEP has produced some short case studies, including one of that project, which might be of interest to you. There is good practice. Also, the Scottish Executive is funding, through STEP, the development of blended—including online—learning opportunities for young people who want to participate in education but who do not necessarily want, or who find it difficult, to be in school.
Yes, we would be interested in those case studies. Thank you.
Teachers told us that they thought that the South Lanarkshire universal connections programme was wonderful. They enjoyed working with the children, but they pointed out that there were children in the high school who were not Gypsies and Travellers but who would benefit from that kind of provision. Addressing the needs of Gypsy Traveller children there has demonstrated that there are other children who have similar needs, although not for the same reasons.
It is important that the Executive sets the policy agenda and resources such projects, as local authorities can have various policy commitments. The three local authorities in the north-east, where I work, all have good equalities policies and Traveller action plans; however, in reality, it is left to individual officers who have a sympathetic position to make things happen. As long as we leave the organisation of such things at the local level, nimbyism will prevail.
We will talk a bit more about that in a few minutes.
I want to pick up on education, outsourced learning and Gypsy Traveller children learning where they live, rather than having to go to school. We have heard conflicting responses on that. The STEP report to the 2001 Equal Opportunities Committee mentioned outreach working, and you bring it up again in your latest report. Are we letting these kids down? Is there more work to be done and is it coming on? Has there been any improvement? I also open that question to Martha Kennedy. If the replacement provision for the local schools in Glasgow that have been closed lacks any back-up, does that produce a conflict?
There is probably evidence of some improvement, but education is still a huge issue. We argue that it must be approached from two related points of view.
I see that Phil Gallie wants to ask a question, but we will first hear Martha Kennedy's response to Sandra White.
I do not know how to answer Sandra White's question. My project covers six council areas and we get a good response in some areas and dreadful responses, including the phone being hung up on us, in others. In some areas, our Gypsy Traveller tutors are able to go on site to help the kids. We generally use driving theory tests as a carrot to bring people out of the woodwork. As everyone wants to get a driving licence, we can get people on board in that way and that can lead to other things. Much depends on the individual council and some councils are really good. In my area, the site is visited by a computer bus, which allows people to get IT skills and welcomes parents and their wee ones. However, other areas have nothing.
This question might seem slightly aggressive, but I assure you that I just want to get these issues on the record.
It is not compulsory to go to school.
It is compulsory for them to receive an education. In the wider community, if children do not go to school, it is usually left to the parents to provide that education. Why should special arrangements be made for Travellers?
No special arrangements are made for Travellers. Everybody is entitled to home education. If people are being bullied in school—whether that is because they are black or Chinese or whatever—they have recourse to home education.
The fact that bullying exists throughout the sector is irrelevant—it is unacceptable for any child. In this context we are talking about Gypsy Travellers. One of the stunning things about the evidence on what happens to Gypsy Traveller kids in schools is that every single one of them talks about racial harassment. Many Gypsy Traveller children are successful in school, but quite a number of them are successful because they conceal their identity; they feel that they will be safe in school if they do that. A whole community is subject to bullying. We cannot dismiss that just because other groups are also bullied.
People still think that it is acceptable to make racist jokes about Gypsies and Travellers. I have worked in this area for only five years, but I have experienced violent responses from people when I have said what I do. I research education for Gypsies and Travellers. I have been astonished by people's responses. Now I take a minute to decide how I will answer people's questions. If I experience that kind of abuse—and I am not a Gypsy Traveller but working at the university—Lord knows what it must be like to be a Gypsy Traveller.
Sometimes we drop "Gypsy Traveller" depending on who we are talking to, because we know that if we use it we will get no response, whereas if we say that we are the community development project, we could be any community development project. We do not do that under false pretences; we just do not tell them about the Gypsy Traveller part.
It is common to find in health, education and social work that Gypsy Travellers are the most marginalised community. The community's distinct identity needs to be recognised. In Northern Ireland and Ireland, they are accepted as a distinct community. If they were accepted as such here, we might be able to support their requirements under the Race Relations (Amendment) Act 2000, which is a strong driver, irrespective of colour, creed, religion, background or the community people come from. It might be helpful if that right was properly recognised.
We agree. We need to move that forward.
The Race Relations (Amendment) Act 2000 has been key in making public authorities fulfil their duties. The problem is that individual members and officers are not necessarily signed up to it and still make unhelpful public statements.
To summarise, the STEP report said that there were more ways of educating children than just school. The answer I was given was that that was fine, but that it was about choice. If the children are able and want to go to school, they can do that. If they want to be taught outwith school, moneys should be made available, and that should be Executive led, not local authority led, because provision is not localised. People should have the choice to access such a service.
Most people, and many Travellers, would say that the best answer is that, in principle, children should have flexible access to schooling. Younger children are often taught outwith school because of the inadequacies of the education system but, in the long run, we would want education in school for primary-age children to be the appropriate response. There is more of an issue about choice for older children.
That was the point. The report said that there should be more outreach work, but if choice is available there must be money to back it up.
The choice is to keep their options open. It is not a choice to stay out or stay in. The choice has to be about what people need to access learning. If a young Traveller decides that they want to be a lawyer, and if they know that they will need O-grades and highers, that may well be sufficient to get them to go forward. However, they might get those O-grades and highers other than in school and still manage to become a lawyer. It is not about making being in a school building the only way for people to get to do whatever they want to do, whether that is roofing or being a lawyer.
It is also about seeing education as being wider than schooling. Some children may go to school part time or may be educated in other settings. In South Lanarkshire, for example, they are learning together in a provision that is supported by the education authority. A diversity of provision is what we need.
I am sure that Phil Gallie has succeeded in being provocative and I would like to move the discussion on beyond that basic analysis because I think that everybody here, apart from Phil, accepts where you are coming from and what your aims are.
I have worked in a concerted way with Gypsy Travellers for more than 10 years. In fact, I have worked with Gypsy Travellers for 30 years, because when I started out as a community worker I worked with many Travellers, but in my consciousness I did not see them as Travellers. There are many more Travellers than we appreciate and their numbers are much higher than the Executive's current calculations.
That point reminded me of something that I wanted to say. The Executive monitors the use of sites by what it calls the annual count. We have to stop calling it a count; it sounds like something out of colonial Africa where we counted the natives.
I return to central funding, which I think is important. There have been some successes, and where there has been central funding, particularly from the Scottish Executive Health Department, we have been immensely successful. If members have any questions on that, I would be happy to give you a broad outline.
Dave Simmers mentions transit sites in his submission. If transit sites represent a solution, why are they still being blocked? Why is there so much resistance to the idea?
A variety of factors are involved, one of which is identification of suitable places, which is quite difficult in the context of urbanisation and the build-up of roads. Our project works actively with Aberdeenshire Council and we spent a couple of days driving around and identifying locations, which we are testing. Space is a difficulty, as is nimbyism. The committee will appreciate that politicians always have an eye on the electorate; I can count on the fingers of one hand the local politicians in Grampian who have come out in favour of Travellers in any way. Even people whom I know are sympathetic to Travellers take a populist position when they speak publicly, which is most unhelpful. The political implications and the availability of land are problems and there is still not the clear political will at national level that could provide a steer.
In your submission you express concern about
It has an enormous impact. For months, the local evening paper ran what was tantamount to a racist campaign against Gypsy Travellers, which had a tremendous impact on individuals and their families. There was an increase in racial violence, stonings and verbal abuse, but I understand that when the press coverage stopped, the stonings and verbal abuse stopped. I had never before witnessed such an impact in the north-east. There is no doubt that there is a connection between the local politicians and senior officers who are influenced by the populist nonsense that has such an impact in the area. Some of the coverage was simply inaccurate. Today's Press and Journal at last contains a sympathetic article about Gypsy Travellers.
We will read it.
Dave Simmers's submission stresses the importance of site managers. Is there a lack of effective training and support for site managers? Are their current terms and conditions appropriate? What can the committee do about that? Should we consider reviewing the issue?
As I said, there is a need to review the entire official sites strategy. We need an approach that moves away from the use of more formal locations to the use of less formal low-managed locations, to allow Gypsy Travellers to get on with their lives. I have spoken to site managers over a number of years and, overall, they do not get the support, training and remuneration that are commensurate with their job, which is incredibly complex. Their work combines the jobs of police officer, social worker, educationist and information provider—they are crucial workers who undertake a gamut of activities, often without experience.
Should we consider conducting a review?
Absolutely.
I strongly believe that training and support for site managers and training to effect changes in attitude should be provided jointly with other professional agencies, rather than independently, because in a multidisciplinary learning process learners can learn from and support one another. That is fundamental to the success of any activity at site level.
Embedded in whatever decision the committee makes should be a requirement for local authorities to demonstrate that they have spoken to Gypsy Travellers, and a timescale in which they should do so. The committee should indicate not just that it intends to review site managers' activities or how managers work with other agencies but that it wants local authorities to take action by a certain time, because it will consider the matter on a certain date.
I agree. A danger is that Gypsy Travellers are among the vulnerable and excluded groups who are being consulted to death. Although I agree that they should be consulted—that is happening in some areas—there should also be action after consultation. Otherwise, people become cynical and disillusioned.
The other issue is that we are having those consultations as opposed to consulting Gypsy Travellers as parents and consumers in the proper everyday manner that schools, hospitals and other services should be doing.
The issue is dialogue and engagement.
I agree. I would like to withdraw the word "consultation".
Dialogue and engagement are what is required.
I again pick up on a point in Dave Simmers's evidence, but I would like the whole panel to respond. His submission describes the recommendations in the committee's 2001 report as a "wish list", but he and others have provided the committee with examples of best practice from different areas. Good work has been undertaken in his area. What are the key points that the committee should prioritise?
There are two. As someone who had worked with Gypsy Travellers over a number of years I could not believe the committee's recommendations first time round: they were marvellous. Of course, recommendations must be realised. I have mentioned the two priorities already. First, a national steer should be given; it is necessary that the centre take the lead, which means that resources must be provided. The second priority is a network of places where Gypsy Travellers can live safely and securely and have a home, like the rest of us.
Does anyone else want to comment?
Yes. National resourcing is fundamental to the exercise. May I give three or four examples, or will we come on to health later?
We will go on to health right now.
Thanks. I will give the committee the information.
The one single thing that would make a difference would be a strong public affirmation of the diversity and value of Scottish Gypsy Traveller culture. Public figures and significant political figures in the Executive should be seen to affirm that. Many things that the current Executive and the Labour Government in Westminster have done have been very positive in many respects for Gypsy Travellers, but they have done them by stealth because there are no votes in the issue. People should be brave. They should stand up and be seen publicly.
I would like us to be served in shops, in pubs and by taxis and not get barred from them for no reason.
That is a basic request. You are right.
I will ask questions on health issues. The Executive's response to the committee's recommendations stated:
I welcome that question. Like Dave Simmers, I congratulate the committee on the general recommendations that it made. They were brilliant, open and very exciting. Perhaps they have led to some of the actions that have been taken from the centre.
Yes.
Our problem is that we are awaiting a decision on when the record will be launched. It takes a long time to work through the bureaucratic jungle but, as the hand-held patient record is ready, it should be launched as soon as possible. That way, we would retain the confidence of the community as a whole.
You have answered nearly all the questions that I wanted to ask. You have indicated that you have much good practice to offer us in relation to how we engage in dialogue with the Gypsy Traveller population. It might be useful for the committee to have a written account of cases of particularly good practice that we could use to persuade everyone else to come up to the standard of the best.
That is part of our programme. We are in the final stages of drafting outcome indicators, which show what we expect boards to deliver. We do not expect boards to become areas of excellence immediately, but we have set four different levels of outcome, starting from scratch and going up. The indicators should give people confidence and should be agreed jointly. There will also be a book of good ideas and practices that will include different scenarios and examples. As soon as it is published, we will circulate it to the committee, to allow members to consider it and to ensure that people respond to it quickly.
The questions that have been asked about health so far have related to health promotion. I am interested in physical delivery of health services that are culturally appropriate. I was previously a midwife, and I am aware of high-profile cases in which there have been tensions around home births, for example. What is the situation now? Are people able to access culturally appropriate health services? What is needed to move things forward? The home birth rate in the general population is less than 1 per cent. That makes it difficult to ensure that there are enough people who are prepared to deliver the service. Are there tensions around maternity care and child health? What tangible steps forward can you suggest?
From a meeting that I attended yesterday, I know that maternal and child health are very much on the agenda and that we intend to examine them. I cannot answer the member's question about home births, but I will come back to the committee on it.
I was recently on a site where the site manager is working hard to get a portakabin, because when there is a home birth or situations in which women must be seen by doctors or nurses, there is no place where they can speak privately. That is uncomfortable for everyone concerned. Although people want matters to be kept private, they become awfully public, because other people are hanging around outside the trailer. Many sites that do not have portakabins see acquisition of them as an important issue, so that people can have a place where they can speak privately about health, education and other matters. However, funding for such facilities seems to be all over the shop.
I am keen for us to move on, because we need to finish very soon.
I get the impression that most of the people who have examined the committee's previous recommendations think that the recommendations were good. What more can we do to ensure that people deliver on the recommendations? One recommendation was that Gypsy Travellers should be regarded as a distinct ethnic minority group until such time as a court decision is taken to formalise that status. We all know the difficulties that are associated with court decisions. Do you think that the recommendation has had any overall impact?
The recommendation was very positive. It was important for it to be discussed widely, because there is misunderstanding about the meaning of ethnicity. Many Gypsy Travellers who were initially reluctant to accept the recommendation now recognise that ethnicity is not the same as a narrow notion of biological race and that groups that have a shared culture should have that culture recognised. The Race Relations (Amendment) Act 2000 makes it even more important for us to assert the status of Gypsy Travellers as a distinct ethnic minority group.
I, too, welcome the recommendation. Now that it has been made, the issue is how we strengthen it generally. While we wait for a court decision, it is essential that public figures, including members of the committee, make it clear that the matter needs to be addressed as quickly as possible.
You must just keep asking the questions.
The issue is close to the committee's heart. We will continue to push on it.
Meeting suspended.
On resuming—
I warmly welcome Assistant Chief Constable Allan Burnett from the Association of Chief Police Officers in Scotland and Inspector Ian Taggart from Grampian police. I am sorry that you had a bit of a wait this morning; it is always difficult to know when to stop when we are hearing so much good evidence. I thank you for waiting.
Some progress has been made against the report's recommendations. Do you want me to list from our work plan the matters on which we have made progress and those on which work still needs to be done?
That would help.
Liaison with local authorities is very important. The big boon has been our close liaison with a number of site managers. It is good that we now have meetings at a Scottish level with site managers.
We have engaged with support organisations. It has been difficult to find national representatives from the Gypsy Traveller community. The support agencies have done an excellent job when we have engaged with them.
Ian Taggart can probably speak better than I can about the generic assessment process.
By and large, unauthorised encampments cause the most tension and the biggest issues in the settled community. We have worked to produce a form of assessment. One main task of the ACPOS sub-group has been the development of the unauthorised encampment guidelines, which work in partnership with the Scottish Executive guidelines and with local guidelines that public authorities have developed. The guidelines are holistic in comparison with previous management documents on unauthorised encampments.
The ACPOS guidance suggests that local authorities have a Traveller liaison officer to act as a point of contact, which would help to deal with the randomness of unauthorised encampments. Do you know whether such officers exist and, if so, whether they make a difference?
That role has not been progressed uniformly nationally. In my force area, the three local authorities are at different points in developing such a role. Two of the authorities have a voluntary agency—the Traveller Education and Information Project, on which you have just heard Dave Simmers's evidence—which is providing a link with Travellers in the area.
The police obviously have different roles in relation to Gypsy Travellers. To what extent does the police service depend on effective relationships with local authorities when dealing with Gypsy Travellers and how effective are those relationships in practice?
Ian Taggart and I agree that the authorities that are dealing with the matter are doing well, so I do not think that it will come as any surprise to hear that, as a result, policing has become easier. That is why we are so keen on recommendation 8. When local authorities have measures in place, including good liaison with the police, we can provide a better service to Gypsy Travellers. The issue is as simple as that.
You have a different relationship.
Yes. We enjoy good relationships with all councils, but, to support the Gypsy Traveller community, the police need to have the formal infrastructure in place.
It is fair to say that we are trying to move into a community engagement or involvement role with the Traveller community. Prior to multi-agency working and before local authorities became the lead agency, the police service had more of an enforcement role regarding unauthorised encampments. It is important for us to engage with and assist the Traveller community.
My question refers back to the transit sites. The ACPOS guidance, under the heading "Prosecution Considerations", mentions suitable alternative stopping places. How do you deal with unauthorised encampments? There are formal sites, informal but acceptable sites and unauthorised sites. What is the relationship between them? To what extent do we need to concentrate more on finding informal but authorised alternative sites? I am getting a bit confused about the differences.
Perhaps I can help to clarify the issue. I would classify sites as "official" or "unauthorised" and leave it at that. It is recognised that accommodation is a key to service provision for the travelling community and that the identification of halting or transit sites for Travellers is important.
So in an ideal world there would be formal sites and authorised transit sites.
If the needs of the Traveller community were being met, there would not be unauthorised sites; we would have well-managed official sites that they would use.
We listened to the evidence that was given earlier, but we would not go so far as to say that there is no place for official sites in the sense in which I understood the term to be used by the person who spoke and who wanted many more of the smaller, less formal sites that are attractive to the Gypsy Travellers—perhaps I am confusing the terminology. We support proper service provision on the second tier of sites, as various authoritative documents suggest that the procurator fiscal will take into account in considering criminal prosecutions whether there is adequate provision. At the moment, there tends not to be adequate provision and so there is appropriate toleration of unauthorised sites.
The ACPOS guidance notes that failure by a local authority to assess, or make provision for, the needs of Gypsy Travellers will serve to reinforce the presumption against prosecution. Are such failures common? If so, why? I am rather confused about the issue.
The business of reporting matters to the fiscal has been ameliorated by the good policies on unauthorised sites that now exist. Your questions are difficult to answer, but, on the issue of unauthorised sites, our preference would be for more official sites to be provided. I think that we would use the word "official".
Yes.
Can you resolve most of those incidents fairly well?
In my force area, as in others, we plot the occurrences of unauthorised encampment to establish the geographic location of where Travellers come on a seasonal basis. Travellers come each year to particular areas to find work—they come for economic reasons. There are hardly any official sites in the areas to which they come each year. We plot those sites to try to establish where they are—that is the only reason.
The policies on unauthorised sites have undoubtedly followed good practice. They are subject to on-going review, which is part of our action plan for next year. One thing missing from the policies at the moment is an appropriate media strategy.
Unauthorised sites cause great problems. You said that we need to provide housing. However, some of the people whom we met earlier this year said that, although they had houses, they chose to move come the better weather. I sympathise with that approach—it is part of their culture and we have to respect it. However, local authorities do not take flexible approaches where that would be appropriate. You suggested that Travellers go to certain places to work. Why cannot we give the landowners in the areas where Travellers go to work a degree of discretion in allowing people to set up for a short time before moving on? Is that not what the Travellers require?
The vast majority of unauthorised encampments are at roadsides on public land. It is not that common for private land to be used for unauthorised encampments.
Is it your perception that the presumption against prosecution where there is no provision is placing pressure on authorities to make better provision?
Absolutely. I would hate to think that we could lose that presumption against prosecution, as it helps the police to engage with the community in a more holistic way rather than focusing on enforcement and getting into confrontations. The presumption against prosecution puts pressure—if you want to call it that—on public authorities, but it is pressure to do their duty under the legislation, be that to do with housing, homelessness or planning. I suggest that the pressure is legitimate.
Absolutely. I just hope that it is working.
Your question flags up a point that has to be in our action plan for next year, which is impact assessment. My colleague just outlined a positive impact assessment for the Gypsy Traveller community. When councils and the police look at impact assessments, we have to consider the impact of all our policies on the settled community as well as on the Gypsy Traveller community.
It would be helpful if more public land was available. The ownership of land in Scotland is a wee bit of an issue, given that most of it is owned by a tiny minority of people. Will you comment on that, given that if there were more public land, there could be more sites?
We must overcome the general view that people have about Travellers. In my force area, I check frequently for crimes, disturbances or antisocial behaviour that may be attributable to unauthorised encampments. Incidents occur, but no more often than they do in the settled community, where the same issues arise. The vast majority of reports that my force receives about unauthorised encampment and Travellers are simply that an unauthorised encampment is there; the complaint is not that there is a difficulty, but just that the encampment is there. There is probably a lack of awareness of Traveller culture and a lack of understanding of how the community lives. In some ways, the stereotype that is displayed in the media has an effect on the general settled community.
In the drafting of the guidance and its implementation, it has been good to have the Crown Office and Procurator Fiscal Service on board both nationally and locally. At the end of the day, the Procurator Fiscal Service decides whether to prosecute, so the fact that the policy has been well communicated in the service is a boost.
Has the policy been implemented consistently?
The Procurator Fiscal Service is not huge, although it covers Scotland. Communication in the service has been good, so if councils make errors, the Procurator Fiscal Service is an excellent failsafe, because the fiscals understand the policy. The good understanding of the policy throughout Scotland is healthy, given that the fiscals are the final arbiters on whether to prosecute.
Paragraph 7.1 of the guidance states that the document will be reviewed annually in April. What progress is being made with the review?
Are you referring to the guidance on unauthorised encampments?
Yes.
Unfortunately, the deadline of April has been missed, mainly because I have just taken up my post. Obviously, that is now top of my priority list and will be on the agenda at next month's meeting of the ACPOS sub-group, along with a lot of ideas about issues that we might want to consider. We will take account of the Official Report of today's meeting.
A need to monitor levels of victimisation and repeat victimisation against Gypsy Travellers—for example, the number of racist incidents that are reported—has been identified. That is an important issue. Do Gypsy Travellers report such incidents and what information, if any, have the police compiled on such incidents?
We have a problem with the monitoring of racist incidents that involve Gypsy Travellers, although the issue will be tackled as part of the action plan for next year. The issue arises in relation not only to Gypsy Travellers, but to the whole diversity agenda. Some forces are ahead of others in their ability to provide such information. We will look to having all forces up to the standard of Inspector Taggart's force, which would allow us to give an informed opinion on the matter. As chair of the ACPOS sub-group, my view is that we should consider the issue nationally as well as for individual forces. However, we are dependent on the IT systems' ability to provide that information if we are not just to think about the matter anecdotally. Ian Taggart might be able to give an anecdotal appreciation of the situation as an answer to the second part of your question.
In my force, we capture data on racist incidents that involve the Traveller community, but that is a result of training that was provided to the support organisation TEIP—the committee heard from Dave Simmers earlier. I am the force's Traveller liaison officer and the support organisations make me aware of any issues. Our system is in place and it is capturing the data, but it needs to be developed and more scientific, if you like, so that we can be more certain of capturing all the data that we get.
Did you say that that will be looked at next year?
Again, I do not want to make promises that cannot be delivered. There is a problem with classification that affects organisations throughout Scotland and the United Kingdom, but depending on the outcome of that we hope to make progress and ensure that our IT systems in the future are designed in such a way that the classification issue can be properly sorted out.
On discrimination, we heard from Martha Kennedy that bars and shops sometimes bar Travellers just because they are Travellers. If there is no evidence of any other reason for barring them, what would be the police's view?
You are talking about racist incidents. We have a remote reporting system and all public authorities can report racist incidents to the police. Obviously, the law of evidence applies. If the victim perceives what happens as a racist incident and there is evidence, the incident would be reported as such. Often the victims do not want to progress to court, but we still record those cases.
Have there been any developments in the promotion of Gypsy Travellers' confidence in the police? Have you been involved in monitoring relations and has there been any progress?
There is broad recognition in the Scottish police service that community policing is the way ahead on this and a number of other issues. We need continuity and well-trained officers who understand the issues, and there is a big push on that. Areas where there are, will be, or are likely to be Gypsy Travellers are often, regrettably, adjacent to areas that attract community police officers for other reasons. Fife is in a fortunate position because it is about to get a considerable increase in the number of community police officers, and one of the factors that we will take into account is the residence, or temporary residence, of Gypsy Travellers in the area. I do not need to rehearse the benefits that we get from having good, well-trained community police officers who are aware of the issues and provide continuity to policing in an area, and that is no different in relation to Gypsy Travellers.
I know about the work that has been taking place in Fife. Geographically, there are good examples of the promotion of Gypsy Travellers' confidence in the police, but how are we doing on that throughout Scotland? What evidence are you gathering to assess whether such confidence is increasing?
I think, in truth, that it is mixed. All eight police forces in Scotland have benefited from the things that we have heard about today. Going back to the issue of unauthorised encampments and sites, one of the big boons has been the boost that the whole Scottish police service has received. That has taken away conflict throughout Scotland, and we have already heard about the consistency of the policy on non-prosecution. There are some broad areas in which there has been benefit across Scotland.
I have been involved for more than five years, and I have seen the police service and the Traveller community move closer together. Thanks to that more holistic approach, we are gaining the confidence of the Traveller community. We are only at the start of that road and we have a long way to go, as do all public authorities. It has been difficult for the police, because we have been forced into a confrontational enforcement role regarding unauthorised encampments, which is the main area of tension. We are starting to overcome that, to gain confidence and to get dialogue from within the community. There has been a positive move forward, but there is a long way to go.
I have some questions about the media and reporting, whether it is positive or negative. I know that your force has had a lot of media coverage; the committee was made aware of that in April, when we heard evidence. I am concerned about the fact that the United Nations committee on the elimination of racial discrimination expressed its concerns to the United Kingdom Government about the reporting and the Press Complaints Commission's lack of effectiveness in dealing with the type of racial prejudice against ethnic minorities that is seen in media reports. We have just heard that you are trying to build good relationships with Gypsy Traveller communities. What impact do the media have on those good relations?
It is fair to say that the media coverage strengthened the tie-in with the police. We had to deploy officers at one stage, because of the issues that were emanating from the reporting. I foresaw that negative reporting last year, for various reasons, but I could not have foreseen how vitriolic and vicious it would be or how long it would go on for. The negative reporting was worrying and it undermined a lot of good work that had been done in Aberdeen. I perceived an atmosphere of fear among the good professionals who were trying to progress those issues and to support the Travellers and get services to them. There was apprehension, at least, but some of those workers felt fear as a result of the reporting, in case they too were subjected to such coverage in the media.
I have experience with asylum seekers in Glasgow, where the same issue arose on a larger scale. It is up to anyone in authority—a council, the Scottish Executive, an MSP, a local councillor or the police—to be together and to step forward and be positive about the Gypsy Traveller community. Above all else, that is what is needed. As well as all the best practice that can be employed in trying to get positive stories in the press, everyone needs to stand together and to step forward.
You mentioned your media strategy. Is that a strategy for dealing with the media? Do the media have a responsibility to consider every aspect of a situation—just like members of the public, MSPs and authorities—and not to be negative when making reports?
It is obvious and concerning that the coverage was based on cherry picking of negative information. When it comes to the Traveller community, the attitude of the media seems to be that bad news is good news. However, the vast majority of journalists are extremely responsible and I do not think that we should stereotype the profession. We should give credit where it is due and state that there is a small minority that engages in the type of reporting that we are talking about. I would not think about interfering with the freedom of the press or the right to free speech, but I would say that responsibilities attach to such rights and that the effect of behaving irresponsibly in that regard can be damaging to minorities.
Could you say something about the media strategy that you mentioned earlier?
The idea of having a media strategy is an omission from the otherwise excellent policy documents that relate to this issue at local and national level. If people were writing those documents again, they would probably include parts about the need to establish a joined-up media strategy that would promote positive stories and address negative stories.
Do you agree that the media's right to free speech does not extend to speech that amounts to incitement to racial hatred?
Incitement to racial hatred is a crime, but it is difficult to prove; that is why there are few convictions in that regard. The question that you ask is difficult to answer.
But there is a fine line. If a newspaper's reports amount to incitement to racial hatred, we must consider what steps can be taken.
Legislation exists to deal with incitement to racial hatred. However, it is difficult to prove those cases—
Is the Scottish Executive's work on its anti-racism strategy enough to have a positive effect on perceptions and awareness of issues relating to Gypsy Travellers, or should the Executive narrow down its work to deal specifically with those issues?
I think that this is, arguably, one of the most difficult areas for the police. We are dealing with some of the most vulnerable people in society. If I were to give advice to the Scottish Executive and the marketing people who support its campaigns, I would say that there should be a particular focus on Gypsy Travellers because I think that they have special needs and vulnerabilities.
Have your statistics on the articles in the Evening Express been submitted to the Commission for Racial Equality as part of its investigation into the episode?
I have not personally done that, but I am aware that other organisations have done so. The information is in the public domain and I understand that the CRE has collated it all.
Do you agree that the committee's original recommendations are still valid? Would you like to comment on the progress that has been made on them? What are the key priorities that we should act on to progress the matter further?
The original recommendations are still extremely relevant. At the time, I was involved with the Gypsy Traveller community and believed that the work of the Equal Opportunities Committee was a strong foundation on which to make progress on Gypsy Travellers' rights. I thought that the groundbreaking work that had been done would put Scotland at the forefront of human rights development.
I thank our witnesses for their evidence.