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Section 12: Options for the New Millennium

The Starting Point for the Future

12.1 By the time the Advisory Committee's ninth term came to an end the capital grant scheme for site provision had come to a conclusion. Initial activity during our term of office was concentrated on overseeing the winding down of the grant scheme and encouraging completion of those outstanding sites applied for within the scheme's timescale. By December 1999, a large proportion of the targets set by the Scottish Executive had been met, with the final group of outstanding applications being processed. One of the Committee's main functions therefore had come to an end.

12.2 Another main function, in light of the eighth Committee's recommendation, was reflected in our remit 'to make recommendations for the future role of CoSLA and local authorities with regard to provision for Travellers and to ensure a co-ordinated approach throughout Scotland'. It was therefore necessary for the Committee to explore possible future scenarios in order to identify a way forward which would ensure that Traveller interests were adequately safeguarded.

12.3 Over much of its term of office the Committee explored what the future role of CoSLA might be. At the same time it considered what could happen under other circumstances. These included, firstly, the 'do nothing' scenario, recognising the demise of both grant scheme and Committee with nothing taking their place, and secondly, a perpetuation of the status quo - i.e. re-appointment of a Committee in its current format - and, finally a completely new approach. This final section of the report assesses the main features of these alternatives and recommends a way forward following consultation with other organisations towards the end of the Committee's term of office (see paras 12.20-12.24).

Future Role for CoSLA

12.4 The Committee set up a joint working party with CoSLA to explore its potential future role in Traveller affairs. From CoSLA's perspective, the publication of its Housing Task Group report (Housing into the New Millennium: A New Agenda for Councils) in March 1998, had considered provision for Travellers and provided the basis for a joint agenda. Discussion eventually concentrated on three areas of the Advisory Committee's remit in which there appeared to be potential for progress:

• encouraging effective and efficient management of official sites and renewing advice and guidance to local authorities;
• liaison with local authorities and other agencies on the social needs of Travellers; in particular to encourage the use and expansion of education and health facilities for Travellers;
• identifying need for further guidance on any aspect relating to Travellers and recommending how that need might best be met.

12.5 While CoSLA did not see the issue as part of its core business, it accepted that it must be involved in some way in the future provision of services to Travellers. The main points emerging from the working party discussions were that:

• CoSLA could not be expected to replicate the role of the Committee;
• CoSLA would deal with Traveller matters at a strategic level; operational matters would be dealt with by individual local authorities.

12.6 Recognising the potential changes arising from the ending of the grant scheme, it was also clear from the discussions that responsibility for services to Travellers would still require input from a variety of bodies such as the Scottish Executive, individual local authorities and any Traveller organisations. The Scottish Executive would continue to be involved in terms of:

• enquiries relating to any replacement for pitch targets, toleration policy and liaison with Crown Office;
• the twice-yearly count of Travellers and ongoing research matters;
• the completion of new/upgraded sites for which grants had been obtained;
• responding to complaints or representations from Traveller organisations and lobby groups.

In turn, if local authority staff were to accept responsibility as the main point of contact for Travellers, they would seek operational support in terms of:

• training and management;
• clear policy guidelines which their local authority should follow.

Responsibility for the following issues would also need to be resolved:

• liaison with Travellers, the Police, SGTA, SCF and others representing the interests of Travellers;
• the source of good practice/advice to local authorities, including site managers;
• dealing with complaints/appeals from Travellers lying beyond the responsibility of the local authority;
• advice on funding of Traveller organisations.

12.7 The Committee was encouraged that CoSLA was willing to undertake a co-ordinating, facilitating role with regard to provision for Travellers. However, it recognised that CoSLA is primarily a membership organisation and does not have the resources to support a more pro-active role. During consultation on possible options for any replacement for the Committee, some consultees in the voluntary sector noted that they would not wish to see CoSLA replacing the Advisory Committee; this was partly because CoSLA represented local authority interests and not the whole range of service providers for Travellers. These consultees also wanted a more fundamental review of provision for Travellers (see para 12.24).

The 'Do Nothing' Scenario ?

12.8 The 'worst case' scenario considered by the Committee envisaged a vacuum following the ending of the grant scheme and the Committee's final term of office. The Committee considered what the impact might be on levels of provision for Travellers.

12.9 In terms of site provision, the ending of the grant scheme could lead to an absence of new activity by local authorities in terms of site provision or upgrading. While in theory outstanding proposals would work their way through the system, in practice it seemed likely that without pressure from an Advisory Committee or similar body, local authorities could either reduce activity or possibly renege on previous commitments. New site initiatives would be unlikely since local authorities had not generally been forthcoming with their own money in this area. Standards on existing sites could degrade, causing problems for their inhabitants, for the local authorities administering them and for their neighbours in the settled community.

12.10 Under the 'worst case' scenario, the Committee feared a general winding down of support for Traveller matters within the Scottish Executive with no Advisory Committee or grant scheme to be serviced. The Committee felt it had fulfilled a valuable buffer role over the years and without it the Executive would be left in the firing line.

12.11 It must also be remembered that the Committee's role and remit has always extended into wider Traveller interests of education, health and relationships with the settled community. Throughout, it has functioned as the principal catalyst for most of whatever movement there has been in these fields. Given the size of the Traveller community relative to other aims/claims, under this scenario their needs would be likely to go unobserved or, alternatively, voices on their behalf would be limited to possibly unrepresentative and partisan voluntary organisations.

12.12 From certain perspectives the 'do nothing' scenario might be seen as advantageous in removing expenditure on infrastructure and devolving responsibility for policy and provision to a purely local or community-based level. Nevertheless the Committee sees potential for damaging fragmentation of provision of services.
For what is a diverse nationally based disadvantaged group, this could lead to variable standards of provision and possibly increased discrimination. Finally, there would be no ' national' hook on which to hang co-ordination between statutory and voluntary services.

Maintaining the Status Quo ?

12.13 Under a 'do nothing' scenario, the Committee's past pledges could be perceived as false promises and our hopes for the future of Scottish Travellers could be jeopardised. Travellers themselves have revealed fears about what might happen if there is nothing to replace some or all of the roles which the Advisory Committee has played over the past twenty-eight years.

12.14 In light of these possibilities, consideration was given to the possible benefits of a continuation of the Advisory Committee for a further period. Throughout its life the Advisory Committee has been advising local authorities on ways to provide suitable accommodation for Travellers to maintain their traditional way of life. A substantial network of local authority sites has now been created. If this investment, from the public purse, is to be protected there is an increasing need for advice on management and operational aspects of Traveller sites to be provided on a co-ordinated national basis. Local authorities and Travellers themselves also need advice and guidance on educational, health and social issues.

12.15 Over the years, the Committee's independent status, the experience and geographical spread of its membership has enabled it to develop close links with local authorities, at both official and elected member level, and with voluntary bodies with a direct interest in Traveller issues. Its independence has allowed Traveller issues to be tackled on a non-political and non-partisan basis with impartial advice being given to central and local government alike. As a voluntary body itself, its expertise and its links have been developed and maintained at low cost to the public purse. Continuity would give confidence to both Traveller and settled communities Scotland wide, while liaison with voluntary bodies would allow them the opportunity to play a constructive role and enable any concerns to be addressed at a national level.

12.16 However, the 'status quo' scenario has advantages and disadvantages. On the good side, is the fact that the Committee is familiar, independent and well-established and has a long track record of achievement at low cost. At the same time the Committee accepts that its role has been criticised in some quarters and, as noted earlier in the report, it has also felt constrained in the extent to which it can directly influence events. In some circles it may be perceived as isolated and insufficiently inclusive in its membership. Furthermore it has always existed on fixed terms of appointment, leading to uncertainty about its continuity. The Committee has also always recognised that it neither had, nor could have had, executive powers.

A New Context - A New Approach ?

12.17 Given the problems associated with each of these scenarios it was necessary to try to find an alternative approach which would ensure that the needs of Travellers would be adequately met. The arrival of the new millennium brings with it new structures and new opportunities. Scotland now has its own Parliament which is already looking at new policies and ways of assessing needs. High on the list of important issues is that of achieving greater equality throughout Scottish society within the social inclusion agenda.

12.18 This report has highlighted the Committee's continued concern at the inequality, discrimination and lack of opportunities which Travellers continue to face in accessing public services. Social exclusion is more than poverty, it is also about stereotyped perceptions of certain minority groups, engendering discrimination and a lack of opportunity for them to inform and influence policies. Local authorities have been reluctant to recognise and support the development of clear policies which take cognisance of the European Parliament's Resolutions and Recommendations on Travellers. It is important therefore, that there is a strong commitment to ensure social inclusion of Travellers in Scotland.

12.19 As one of the smallest minority groups, Scotland's Travelling People may not be heard as clearly as some other groups but, as this report has shown, their needs are considerable. The new social environment in Scotland offers an opportunity to ensure that their situation is properly recognised and appropriate provision made. The Committee therefore considered whether and how its wider advisory functions could be continued in a new model within the Scottish Executive's agenda on equality and social inclusion. Its initial preferred option was for a standing advisory panel to provide guidance and promote Traveller issues.

Consultation on Package of Provisional Recommendations

12.20 Towards the end of 1999, the Committee had developed a package
of provisional recommendations on re-placements for pitch targets, the toleration policy and the Committee itself. These provisional recommendations, were:

• that the future needs of Travellers should be assessed by local authorities as part of the community planning process;
• where accommodation needs of Travellers were not so met, a co-operation policy should come into play. This would set out conditions on which Travellers would be allowed to camp on publicly owned land;
• for a new model sitting within the Scottish Executive's agenda on equality and social inclusion, the preferred option being a standing advisory panel.

12.21 In the later part of 1999 the Committee consulted widely on this package, seeking the views of Travellers' representatives, the TSMA, the voluntary sector, CoSLA, representatives of the police and the Crown Office. The Committee consulted with these organisations individually and jointly in a seminar in November 1999 (see Appendix E). Whilst there was a measure of support for some of the underlying principles, the consultation revealed a wide variety of sometimes conflicting views on individual elements. In light of this the Committee modified its provisional recommendations on the co-operation policy and the panel. Its reasons are summarised below.

Co-operation Policy

12.22 The proposed co-operation policy was criticised on a number of counts:

• it was seen as perpetuating the former toleration policy which, while sometimes misunderstood, in turn had been widely condemned as discriminatory and prejudicial to the Traveller community;
• it was also regarded as difficult to implement without a clearly defined mechanism. Assessment of accom-modation needs of Travellers through the community planning process would not produce the sort of target or trigger which would make it clear to the police or Procurators Fiscal whether the co-operation policy was to apply in a local situation;
• even if a suitable trigger were identified, it was agreed that different approaches to the assessment of accommodation needs by adjacent local authorities could lead to the lack of a consistent approach in operating the co-operation policy.

The Committee has therefore proposed a new system of guidelines for local authorities and others on the management of unauthorised encampments (section 6).

Standing Advisory Panel

12.23 The proposal for a standing panel was regarded as inadequate by the voluntary sector which wished for some form of body with executive powers to control and direct the actions of local authorities. The Committee's view is that within the current context the creation of such an organisation would be counter-productive, potentially divisive and would work against the interests of Travellers becoming accepted as a valued and vital component of the Scottish community. The Committee also felt that the debate for any replacement for the Committee was overtaken by the Scottish Executive's proposals for achieving social justice in Scotland and promoting greater equality for all. It believes that the commitment to social justice and mainstreaming for all sections of the community should provide a forum for encompassing Travellers needs for the future.

Review of Policies and Practices

12.24 A further issue emerging during the consultation process was a call by the voluntary agencies for an extensive review of past provision for Travellers. The Committee feels that current levels of information are sufficient to make progress and little new information is likely to emerge from a further review. This report, in itself, has taken the opportunity to assess what has happened over the past twenty-eight years and to highlight aspects on which less progress has been made than had been hoped for - and recommended by - successive Advisory Committees. This is not the time for looking back but rather to grasp the new opportunities afforded by the Scottish Executive's focus on Social Justice.

The Way Ahead

12.25 Since the consultation on the Committee's provisional recommendations, the new strategy document on delivering Social Justice in Scotland has been published by the Scottish Executive ('Social Justice ... a Scotland where everyone matters', the Scottish Executive, November 1999). Based on a life-cycle theme for long-term targeting, the Committee regards the document's aims as directly relevant to Travellers:

'Too often past strategies to tackle poverty and injustice in Scotland have been more about places than they have been about people. Both matter - and so to keep our focus on the people of Scotland we have chosen the life cycle as the way to set targets. How we grow up. How we live. How we work. How we raise families. How we grow old. By targeting poverty and injustice in each phase of our life cycle, we can stop deprivation becoming a way of life and being passed on through the generations.

Our communities need to be supported to be able to take more ownership of their destinies. Too many Scottish com-munities......are isolated and dis-advantaged, or in danger of becoming so. We believe that every community matters and we need to work together with them to plan for a more inclusive future'.

12.26 One of the long-term targets under the theme, 'Every Community Matters', is a reduction in inequality between communities. The Committee welcomes this commitment to mainstream equality across the work of the Executive. It believes that the new Social Justice Agenda provides an appropriate structure within which Traveller issues can, and should be pursued. Within this, the aim would be to increase general awareness of Travellers' needs. In particular the structure offers mechanisms, such as the community planning process, which can ensure effective assessment of accommodation, health, educational and other needs. At the same time the Committee sees it as essential that every effort is made to encourage and facilitate Traveller access to all public services. If discrimination in all its forms is to disappear, Travellers need to be included within the new Community Safety Initiatives. Only if the legitimate needs of Travellers are addressed in this way will it be possible to meet the Social Justice target of reducing inequality between all communities.

Communities - A Two-way Process

12.27 A prevailing theme in Advisory Committee deliberations ever since it was first established has been the need for settled community and Travellers alike to work together. This long-standing theme fits well within the ideals of the new Social Justice framework. However, such joint participation calls for each side to understand and respect the other's lifestyles and aspirations. Nevertheless, while changing attitudes generated by participation can lead to greater freedoms, inevitably they also involve constraints which all need to respect. It is important for the settled community to accept that, as with others in society, Travellers have rights:

• the right to their inherited distinctive culture;
• the right to freedom from racial harassment and discrimination;
• the right to equal access and participation in all public services;
• the right to be represented in a democratic Scotland.

It is equally important for the Traveller community to recognise that it, too, has responsibilities to:

• respect the equal rights and freedoms of others;
• fulfil the duties of citizens in a democratic society;
• uphold the law and co-operate with service providers;
• use the consultative and communication channels to convey their particular situation and associated needs.

Concluding Thoughts

12.28 The continuing presence of Travellers as a feature of Scotland's life over the centuries is testament to their ability to adapt to changes in the environment in which they live, while still retaining their distinctive and valuable culture. We are confident that this adaptability will continue. At the same time we recognise the difficulties under which Travellers try to follow their movement and working patterns which have often prevented them from enjoying full access to many services, in particular those of places to live, education and health provision, which the rest of the Scottish population takes for granted.

12.29 This Advisory Committee welcomes the opportunities for change in attitudes
and action presented by the new structures
in Scotland. Commitment to fostering partnership between central and local government, coupled with the involvement of the voluntary sector, bodes well for improving quality of life for all sectors of the population. Indeed, partnership of this kind, far from being new, has always been the aim of the Committee's work since it was first established more than twenty-eight years ago. Over that time it has striven to improve the opportunities available to the Traveller community. It has done this through its involvement with the grant scheme, its advice and encouragement to local authorities, its recommendations to policy makers and its direct links with Travellers both through their inclusion as members of the Committee and through many other forms of contact. It has also tried to foster greater understanding on the part of the settled community of the particular history and culture of Travellers in the hope that this might help to break down barriers to communication and acceptance.

12.30 Over its life the Advisory Committee has seen significant advances in provision for Travellers. Public awareness of their culture and needs has improved. Support of various kinds from public, private and voluntary sectors has grown. Nevertheless, much still remains to be done and many attitudes still need to change. If the benefits of the progress to date to both Travellers and the settled community alike are not to be eroded it will be essential to maintain, and even hasten, the momentum of change. It is our earnest hope that now, after twenty-eight years, the new structures and the commitment of the Scottish Executive will at last be able to achieve effective inclusion of Travellers within our wider community, without their unique identity being lost. The Advisory Committee places its faith in the Scottish Executive and all the other players to carry forward this essential work in the hope that a better future does indeed await Scotland's Travelling People.

Postscript

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