Introduction

1.  We welcome the Government's review of accommodation policy, although we want to emphasise the need for swift progress in order to show both the Gypsy and Traveller community, and settled community, that the Government is willing to make difficult decisions and tackle these issues head on. (Paragraph 12)

Definitions

2.  Many Gypsies and Travellers now live increasingly sedentary lifestyles. The current definitions imply that those within the community who do not adopt a nomadic lifestyle are not actually Gypsies and Travellers. Any new definition should comprise both the alternatives of ethnic origin or similar, and nomadic lifestyle. However, we advise the Government to exercise caution in considering applying different definitions for different policies. There is already a lot of confusion surrounding definitions of Gypsies and Travellers and we would not want to see a situation where multiple definitions add to the confusion. In addition we are concerned that the issue of defining Gypsies and Travellers may be over-emphasised. The Equality of Opportunity Committee at the National Assembly for Wales recently argued that Gypsies and Travellers should have the right to self-identify. We agree with this approach, but believe that self-identification must be supported by evidence. This may enable all parties to move forward and address the problems associated with accommodation provision. (Paragraph 63)

The Gypsy Caravan Count

3.  We welcome ODPM's sponsorship of research to identify ways in which the accuracy and usefulness of the bi-annual count of Gypsy caravans and families can be improved. We also welcome ODPM's progress on implementing improvements to the count, which were piloted in May 2004, and implemented in June 2004. The count is one of the only ways that demand can be quantified; completion should therefore be made compulsory. It is important that all local authorities recognise the importance of accurately completing the count. The Government must recognise that there may be political reasons for authorities to complete the count inaccurately; and must ensure improvements to the count to guard against this. A verification process should be included to ensure that all interested parties are satisfied with the credibility of the statistics. (Paragraph 72)

Demand for Sites

4.  An effective way to help reduce unauthorised camping is to have enough legal sites. There is too little accurate information on the levels of need required. The bi-annual Gypsy count is widely viewed as inaccurate. Even if the count is improved, it should be recognised only as a snapshot of what is occurring at time of completion. It may be out of date very quickly due to Travellers moving into, or out of the UK, as new employment opportunities arise or due to changes in the housing market. Consequently, planning policies should strive to produce a surplus of sites rather than a continuing under-supply. (Paragraph 79)

Types of Accommodation

5.  A range of accommodation options should be available through private and local authority provision including stopping places, transit sites and permanent residential sites. A number of transit sites are needed close to the major motorway networks. We recommend that the Government work with local authorities and Gypsy and Traveller representatives to trial the feasibility, usefulness and manageability of a network of short-stay sites. These sites will require firm and visible management in order to ensure appropriate behaviour. (Paragraph 100)

6.  Group housing may also be appropriate in some areas of the country. We were impressed with the examples we visited in Ireland. We appreciate that in addition to the financial resource implications of such a scheme, there is a land availability issue which is perhaps less apparent in Ireland. However we recognise that with sufficient political will, land and resources could be found. We recommend that consideration be given to piloting comparable group housing schemes in some of the former industrial areas of England which have large areas of empty homes and/or brownfield land. (Paragraph 101)

The Planning System

7.  There is wide support for a regional approach towards assessment of need and provision of accommodation for Gypsies and Travellers. However any new system, including that of housing needs assessments and regional spatial strategies, will take time to have an effect and will need monitoring to ensure production of real change on the ground. We are not convinced that the Minister's proposals will bring about increased provision of sites. Provision of accommodation for Gypsies and Travellers remains too political an issue. If the department pursues this approach, the Secretary of State will need to show strong leadership and reject all regional development plans that fail to make adequate provision for Gypsies and Travellers. (Paragraph 114)

The Political Dimension

8.  There is a need for improved communication between the Gypsy/Traveller and settled communities. Politicians must play a lead role in furthering this communication. Politicians must also be prepared to take tough decisions to ensure they address the needs of all of those for whose welfare they are responsible. However, we recognise that this will not be easy, and may be more acceptable within a national framework of required provision. We welcome the idea of a Gypsy Taskforce to spearhead accommodation provision, and recommend that the Government takes immediate steps to create such a group. The first task of such a group should be to consider the re-introduction of a statutory duty to provide accommodation for Gypsies and Travellers. In response to this report we recommend the Office of the Deputy Prime Minister outlines proposed membership and terms of reference of this group. (Paragraph 123)

A duty to provide?

9.  In our report into the draft Housing Bill, published in July 2003 we recommended that within two years the Government should re-introduce a statutory duty on local authorities to make or facilitate provision of sites for Gypsies and Travellers. In their response in November 2003 the Government stated, "it is actively considering the most effective mechanism for the provision of such sites to ensure that the accommodation needs to travellers are met." We are not satisfied that sufficient progress has been made by the Government since this report. There are a number of mechanisms that should have generated greater provision of sites, including the Gypsy Sites Refurbishment Grant programme. Yet over 3500 Gypsies and Travellers still have no legal place to stop and unauthorised encampments continue to cause disruption and frustration in many parts of the country. This situation is unlikely to change without some form of Government intervention. The evidence we have received points to the need for the Government to re-introduce a statutory requirement for local authorities to provide accommodation for Gypsies and Travellers resorting to or residing in their areas. The Local Government Association suggests that the duty should not be imposed on all local authorities. However, without a requirement on all authorities, the situation will continue where some authorities meet the needs of the whole of the Gypsy and Traveller community. There must be a national response with a duty imposed on all local authorities based on assessment of need at regional level. The Government should establish a Gypsy and Traveller Taskforce to ensure site vacancies are co-ordinated across the region and throughout the country. The Minister has outlined his hopes that regional spatial strategies and regional plans will be used to assess and provide for that need. We recommend he goes one step further and places a requirement on local authorities to meet that need. The Government must provide a statutory framework, political leadership and capital funding. We recommend that a capital grant is provided to ensure local authorities are able to develop new sites which are consistent with revised design guidelines. Local authorities who do make adequate provision for Gypsies and Travellers in their areas should be rewarded with additional non ring-fenced funding. Consideration might also be given to encouraging motorway contractors and other employers of large groups of Gypsies and Travellers who may have land available, to provide sites for the duration of their employment. (Paragraph 138)

The Gypsy Site Refurbishment Grant

10.  The Gypsy Sites Refurbishment Grant scheme has improved the condition of many local authority Gypsy and Traveller sites in England, and we are pleased that ODPM has extended the scheme into 2004-5. One consequence of the modernisation of sites has been the reduction in the number of pitches available. Although we welcome the extension of the scheme to allow grant applications for development of new transit sites and emergency stopping places, there is still a need to allow applications for the development of new residential sites. If the Government does not re-introduce a statutory duty on local authorities to provide accommodation for Gypsies and Travellers, then we recommend the grant scheme should also be extended to include applications for the development of private sites, including those built by registered social landlords. (Paragraph 147)

Sites

11.   Most of the witnesses to this inquiry argued that smaller Gypsy and Traveller sites integrate better with the local settled community, and are easier to manage. In the Committee's view permanent sites should have no more than 18 pitches. We therefore recommend that all sites should be small and not disproportionate to the size of the community in which they are placed. We suggest that when planning permission is given for a site, a cap should be placed on the number of people who are resident on the site, whilst allowing some flexibility for natural increase. The number of long-term visitors on a site should be controlled by planning powers and enforced by the site manager. (Paragraph 152)

12.  The locations of many existing Gypsy and Traveller sites are poor in respect of isolation from services and/or proximity to noisy or polluting land uses. It is important to remember that Gypsy and Traveller sites are residential. We recommend they should be located only in areas considered appropriate for general residential use. Sites should be within realistic access of services and allow interaction between the Gypsy and Traveller and settled communities. (Paragraph 157)

13.  The current guidelines relating to site design and standards urgently need updating in the light of modern space standards and services, health and safety provisions and requirements for catering for disability. Guidance should cover both residential sites and transit sites and stopping places. We are pleased that the Government has recognised the need for swift action on this issue. Given the amount of research and literature already available, not least the Republic of Ireland's design guide, we recommend that the Government publish a draft revised guide for consultation along with the response to this report. (Paragraph 163)

Site Licence Fees

14.  Many residents on Gypsy and Traveller sites are in receipt of housing benefit. On county council sites the rent service sets the level of benefit provided. We have received evidence from many groups that the levels set are lower than the rents charged because of the system the rent service uses to assess comparative local rents. Site residents are themselves responsible for paying the difference although we have been told many are unable to meet the extra costs and may be forced back onto the road unless the debt is erased. The county council are then left to absorb the rent arrears and other charges. This situation is at odds with Government policy which seeks to move Gypsies and Travellers off the roadside onto approved sites. The Government have been aware of this anomaly since 2001. We are shocked by the procrastination and lack of co-ordination between Government departments over this issue. The Department for Work and Pensions has now set up a research group, expected to report in summer 2005 to "consider the feasibility of a single set of Housing benefit controls to apply to all Gypsy sites". This is unacceptable. The issues are well known; the National Association of Gypsy and Traveller Officers has already undertaken a research project examining site rents and has proposed a series of recommendations to address the current anomalies. Lord Avebury has also conducted extensive work on this issue and is well placed to offer advice. In the response to this report the Government must respond to the recommendations made by the National Association of Gypsy and Traveller Officers and Lord Avebury. They must also explain why it has taken so long to tackle this issue, and why it is necessary to conduct additional research. Finally, they must outline a timeline of action, including proposed amendments to current legislation. (Paragraph 173)

Security of Tenure

15.  Gypsies and Travellers are keen to secure better security of tenure, which would mean they would be given longer notice periods if asked to leave a site. A recent European Court ruling suggests Gypsies and Travellers on local authority sites will gain greater security of tenancy. We recognise that many Gypsies and Travellers may have been resident on permanent sites for long periods, and accept that minimal notice periods are unjust. However, managers of sites must be able to move people on quickly if conflicts emerge. We are concerned that the recent European court ruling, and decision of ODPM to refer the matter to the Law Commission may place local authorities and Gypsy/Traveller site managers in a difficult position should evictions become necessary before the issue is clarified. We recommend that ODPM immediately issue legal advice to all local authorities. (Paragraph 176)

Site Management

16.  Effective site management is key to the success of Gypsy and Traveller sites. There is no real consensus as to whether a particular management arrangement works better than any other. Some believe that Gypsies and Travellers make better managers because they understand the culture of the residents, but others argue sites managed by Gypsies and Travellers operate harsher management regimes and selective lettings policies. Whichever management approach is adopted, regular site presence by a manager is vital. Ideally sites should have a residential manager. Site management should be firm, fair and consistent, treating all residents equally and taking action early if residents break site licence agreements. Site managers should seek to involve residents in management issues so that they take on more responsibility for their site. Local authorities should consider running capacity building programmes on sites to generate the necessary skills, perhaps using funds available through the ODPM Supporting People programme. The Government must emphasise the importance of good site management and must be prepared to offer guidance, and facilitate assembling and sharing of good practice materials. Any Government funded programmes, such as the Gypsy Sites Refurbishment Grant, should require assessment of site management before awards are granted. (Paragraph 185)

17.  We welcome the initiative of the South-West region in developing training opportunities for Gypsy and Traveller site managers. Unfortunately such schemes are few and far between, and lack recognition. The Government and Local Government Association must make efforts to provide training opportunities for Gypsy and Traveller site managers as they do for Registered Social Landlords in mainstream housing management. National frameworks should also be established which will allow managers to benchmark their performance against other site managers. Mechanisms should be available to allow officers to share good practice. We welcome the intention of the Local Government Association to develop web-based networks to facilitate this. We recommend that the Office of the Deputy Prime Minister update us on the progress of this project in their response to this report. Career paths must be developed for site managers and local authority officers involved with Gypsy and Traveller policy areas. A regional approach to provision of sites would generate more opportunities, as would closer interaction between neighbouring authorities. (Paragraph 190)

Anti-Social Behaviour

18.  Historically the Gypsy and Traveller community has protected itself in the face of racism. The relationship between the police and the travelling community has not always been easy, however tackling anti-social behaviour within the Gypsy and Traveller community will require building of trust between these groups and improved communication. On our visit to the Appleby horsefair we were told that the Gypsy organisers, council and police had established an excellent working relationship. We hope such good practice can be replicated. Gypsies and Travellers must accept some of the responsibility for eradicating the anti-social element from their communities. Without support from the travelling community, the police are unable to clamp down on the unruly and disruptive. Witnesses to incidents must be prepared to come forward and testify. The situation would be further helped if there was one overseeing body for Gypsies and Travellers, such as the Showmen's Guild for that part of the travelling community. Representative groups must set an example to the community, and must not allow historic grievances to divide the community they purport to lead and undermine the leadership they are placed to offer. (Paragraph 199)

19.  Gypsies and Travellers are not responsible for all waste crime and fly-tipping, and may be an easy target. However, there are some members of the travelling community who are responsible for such crimes. Gypsies and Travellers have a duty to dispose of waste appropriately, and to help local authorities tackle environmental anti-social behaviour by reporting waste crimes. We accept that increased site provision would reduce the number of unauthorised encampments, and by association the amount of fly-tipped waste. We welcome the steps being taken by the Department for Environment, Food and Rural Affairs, and the Environment Agency to develop more effective ways to tackle fly-tipping and waste crime. Fly-tipping is dangerous, unhealthy and an eyesore, however, householders must adopt a more responsible attitude towards having their waste removed. It is unlikely that a "man with a van" and a mobile phone is a responsible contractor who will dispose of waste appropriately. We recommend that the Government seeks Parliamentary approval for a tighter system of registration for waste carriers in order to clamp down on irresponsible contractors who undermine legitimate, responsible businesses. Local authorities should consider using CCTV systems on vulnerable land in order to try and secure convictions for fly-tipping. The courts must award stringent penalties for convictions in such cases. (Paragraph 207)

Unauthorised encampments

20.  We have received evidence from a number of organisations and individuals highlighting the anger they feel when groups of Gypsies and Travellers camp illegally on land which they do not own. It can be a long and difficult process, entailing huge expense, to move people on. However, most illegal encampments stem from lack of legal places to stop. If the Government were to re-introduce a statutory duty, and to require local authorities to take swift action to implement the duty, then many Gypsies and Travellers would move onto legal sites. The police would then be able to use their powers to move on illegal campers much more quickly because there would be spaces on sites to move Gypsies and Travellers onto. The Gypsy and Traveller community would have a responsibility to recognise that if sites were provided, illegal encampments would not be accepted nor tolerated. With adequate site provision the legal profession should be able to support landowners seeking to evict Gypsies and Travellers from illegal encampments. We recommend that when sufficient numbers of sites are in place, the number of days that must pass before evictions can be enacted should be reduced. (Paragraph 224)

21.  We have been told that the police have sufficient powers to deal with illegal encampments provided that there are enough sites. However we have concerns that the police may have insufficient powers to tackle anti-social behaviour within the travelling community. Anti-Social Behaviour Orders are not workable for Gypsies and Travellers who are not resident on permanent sites. We recommend the Government use the proposed Gypsy and Traveller Taskforce to identify ways in which anti-social behaviour within the travelling community can be addressed. (Paragraph 225)

Partnership working

22.  The Government needs to ensure all agencies, including Trading Standards, Inland Revenue/Customs and Excise, and the Environment Agency tackle any criminality within the Gypsy and Traveller community, especially relating to waste crimes, tax - including VAT - and benefit fraud. The proposed police national intelligence system. 'IMPACT' will be a useful tool in tracking and dealing with anti-social behaviour in the Gypsy and Traveller community. However, this system will not be available for at least another two years. In the meantime agencies and local authorities must work hard to develop communication channels between all relevant departments and officers working on mainstream policies which are relevant to the travelling community. Email networks, and electronic good practice forums may provide a useful framework. (Paragraph 235)