Romnichal - British Acts of Legislation

British Acts of Legislation

The Enclosure Act of 1857 created the offence of injury or damage to village greens and interruption to its use or enjoyment as a place of exercise and recreation. The Commons Act 1876 makes encroachment or inclosure of a village green, and interference with or occupation of the soil unlawful unless it is with the aim of improving enjoyment of the green.

The Caravan Sites and Control of Development Act 1960 states that no occupier of land shall cause or permit the land to be used as a caravan site unless he is the holder of a site licence. It also enables a district council to make an order prohibiting the stationing of caravans on common land, or a town or village green. These acts had the overall effect of preventing travellers using the vast majority of their traditional stopping places.

The Caravan Sites Act 1968 required local authorities to provide caravan sites for travellers if there was a demonstrated need. This was resisted by many councils who would claim that there were no Romanies living in their areas. The result was that insufficient pitches were provided for travellers, leading to a situation whereby holders of a pitch could no longer travel, for fear of losing it.

The Criminal Justice and Public Order Act 1994 removed the duty of local councils to provide authorised pitches and gave the Council and Police powers to move travellers on, subject to certain welfare issues. The official response of the government was that travellers should buy land and apply for planning permission to occupy it. However, those that did so found it extremely difficult to get planning permission, with more than 90% of applications by travellers refused.

In the first phase of the Second World War, the Nazis drew up lists of Romani individuals (many of them Romanichals) and persons with Romani ancestry from the United Kingdom to be interned and subjected to Porajmos in the event of the country's occupation.

The crisis of the 1960s decade, caused by the Caravan Sites Act 1968 (stopping new private sites being built until 1972), led to the appearance of the "British Gypsy Council" to fight for the rights of the Romanichals.

In the UK, the issue of "travellers" (referring to Irish Travellers and New Age Travellers as well as Romanichal and other groups of Romani people) became a 2005 general election issue, with the leader of the Conservative Party promising to review the Human Rights Act 1998. This law, which absorbs the European Convention on Human Rights into UK primary legislation, is seen by some to permit the granting of retrospective planning permission. Severe population pressures and the paucity of greenfield sites have led to travellers purchasing land and setting up residential settlements very quickly, thus subverting the planning restrictions.

Romanichal including other ethnic groups of travellers, Irish Travellers and New Age Travellers, argued in response that thousands of retrospective planning permissions are granted in Britain in cases involving non-Romani applicants each year and that statistics showed that 90% of planning applications by Romanies and travellers were initially refused by local councils, compared with a national average of 20% for other applicants, disproving claims of preferential treatment favouring Romanies.

They also argued that the root of the problem was that many traditional stopping-places had been barricaded off and that the Criminal Justice and Public Order Act 1994 passed by the previous Conservative government had effectively criminalised their community, for example by removing local authorities’ responsibility to provide sites, thus leaving the travellers with no option but to purchase unregistered new sites themselves.