CONNORS v. THE UNITED KINGDOM JUDGMENT
21
review proceedings, which preceded the coming into force of the Human
Rights Act 1998. No opportunity was given for the submission of evidence,
hearing or cross-examination of witnesses on these matters. As a result,
there was no meaningful assessment as to whether the measures were
proportionate or justified in pursuit of any legitimate aim. Following the
Human Rights Act 1998, the cases before the domestic courts showed that
they would not apply the Convention in such a manner as to overturn the
system of security of tenure provided for in the legislation.
73. The applicant submitted that, notwithstanding the Government’s
explanations about alternative provision, there was no evidence in West
Yorkshire of any encouragement for gypsies to purchase and occupy their
own private sites. Gypsies in that area who wished security of tenure could
not move to privately run sites as there were none. On the contrary there
were many examples of enforcement action being taken against gypsies’
occupation of their own land. Nor were there any temporary stopping places
with basic facilities as envisaged in Government circulars such as 18/94.
Since the repeal of the 1968 Act, there had been a reduction of 27% in local
authority site provision for gypsies in Leeds, e.g. from 56 plots to 41. The
applicant denied that he was advocating a single statutory framework for all
sites, arguing that a particular need for flexibility in gypsy provision could
be reflected in grounds available for possession (for example, unmaintained
caravans, absence exceeding a particular period), but not by ignoring the
need to prove disputed facts. Different regimes should not necessitate that
gypsies on local authority sites lose the benefit of court protection to test,
for example, an alleged breach of licence. As a Council tenant faced with an
allegation of anti-social behaviour could argue his/her case in court, he saw
no reason why a gypsy facing such allegations should not be able to do so.
74. As regarded the Government’s policy arguments, he referred to the
October 2002 report (paragraphs 55-63 above), which noted that there was
in fact no clear national policy on accommodation for gypsies and that the
majority of occupants of local authority gypsy sites lived a largely
sedentary life, with a very low turnover of vacancies on such sites. In those
circumstances, it was not the case that these sites were needed, or used, for
the minority of gypsies who followed a substantially nomadic lifestyle and
it was appropriate to bring site provision more closely within mainstream
housing as a form of specially adapted housing for gypsies. It would be
possible to safeguard the interests of the persons of nomadic habit by
designating certain pitches for “transit” while at the same time conferring
security of tenure on the majority of the residents of local authority gypsy
sites. Similar exceptions for special purposes occurred in the Housing
Act 1985.
75. The applicant argued that difficulties of proving anti-social
behaviour existed equally on other mobile home sites, including privately
run gypsy sites, and on housing estates, to which security of tenure did