16
CONNORS v. THE UNITED KINGDOM JUDGMENT
56. In the Executive Summary, it is noted that:
“– There is no clear, widely understood national policy towards accommodation for
Gypsies and other Travellers in England; there is a general feeling that such a policy is
needed involving local authorities and others but with a strong lead from central
government.
– There are around 320 local authority sites providing about 5,000 pitches. It is
important that the existing network is retained and currently closed sites brought back
into use. ...
– We estimate that between 1,000 and 2,000 additional residential pitches will be
needed over the next five years. Between 2,000 and 2,500 additional pitches on transit
sites or stopping places will also be needed to accommodate nomadism. The latter
need to form a national network.
– There are obvious barriers to site provision, especially through resistance from
the settled community. Many believe a statutory duty and central subsidy are needed
to ‘encourage’ local authorities to make provision. Treating site provision in the same
way as housing for planning purposes could help.
– Site management is more intensive than is usual for social housing management
and requires higher staff/resident ratios. It should be ‘firm but fair’. There are areas
where greater formality might be introduced, including performance monitoring...”
57. Concerning the legal definition of a gypsy (page 7):
“The legal definition of a ‘Gypsy’ is ‘persons of nomadic habit of life, whatever
their race or origin’, excluding members of an organised group of travelling showmen
or those engaged in travelling circuses. This was clarified in the case of R v. South
Hams ex parte Gibbs as ‘persons who wander or travel for the purpose of making or
seeking their livelihood not persons who move from place to place without any
connection between their movement and their means of livelihood)’. Thus the legal
definition is explicitly concerned with habitual lifestyle rather than ethnicity, and may
include both ‘born’ Gypsies or Travellers and ‘elective’ Travellers such as the socalled New (Age) Travellers, once a sufficient nomadic habit of life has been
established.
Alongside the legal definition, there is an ethnic definition of a Gypsy or Traveller...
Romany Gypsies were accepted as an ethnic group for race relations legislation in
1989. Irish Travellers ... were accepted as an ethnic group for race relations legislation
in August 2000.”
58. Concerning travelling (page 8):
“Not all ethnic Gypsies and other Travellers travel regularly. A range of travelling
patterns exists. Frequency of travel ranges from full-time Travellers with no fixed
base, to families who live in one place most of the year, but still travel with living
vehicles for holidays or family events. Some travel long distances across regions even
countries, while some regular travellers never leave a single town. Travelling is part of
the cultural heritage of traditional Gypsies and Travellers, and is still culturally
important, even for those who no longer actively travel...