Original paper for: Drummond, A. (2007) ‘Keep on Moving, Don't Stop Now: Anti-trespass Laws on the Island of Ireland’, (Eds. Micheal Hayes & Thomas Acton) p; 37 - 53, in, Travellers, Gypsies, Roma: The Demonisation of Differe

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  Paper: Drummond, A. (2005)  Keep on Moving, Don’t Stop: Anti-Nomadic Laws on the Island of Ireland  , presented at 14th World Congress of Crmnolog!, August "#11, $err! %ee Centre of Crmnolog!, &n'erst! of Penns!l'ana, Phladelpha, PA, &A.  A later 'erson of ths paper as pu*lshed as a +hapter *! Cam*rdge +holars Press: Drummond, A. (200") -eep on o'ng, Don/t top o: Ant#trespass %as on the sland of reland, (3ds. +heal a!es  6homas A+ton) p7 8" # 58, n, ravellers, !"psies, #oma: he Demonisation of Difference , Cam*rdge +holars Pu*lshng, e+astle#&pon#6!ne. Keep on moving, don't stop: anti-nomadic laws on the island of Ireland  . Abstract   As a consequence of the 2002 Housing (Miscellaneous Provisions) Act in the Republic of Ireland, the traditional practice of noadis aintained b! soe Irish "ravellers becae a criinal offence# $ubsequentl!, in an! instances illegall! encaped Irish "ravellers are ordered, %ith less than 2& hours notice, to ove else%here# 'hen failing to do so, an! are  fined and soe have received suspended prison sentences, %hilst caravans have occasionall! been ipounded# ssentiall!, this Act has further eacerbated the social eclusion of noadic people %ithin the Republic#  In *orthern Ireland, if the proposed +nauthorised ncapents (*orthern Ireland) rder 200& becoes la%, noadic Irish "ravellers a!  soon be placed in the sae precarious position# In essence, these t%o  pieces of legislation ebod! the frustration of governents %ithin both  -urisdictions on the island, %ith issues and concerns created b! illegal encapents# .et, ironicall!, the! also agnif! the failure of the t%o  governent/s o%n local housing and planning authorities to consider and  provide adequate culturall! appropriate accoodation for this gro%ing inorit! ethnic counit!# "his paper deonstrates ho% noadic people have been criinalised %ithin the Republic of Ireland due to anti noadic legislation, %hilst considering the outcoes for the %ithin *orthern  Ireland should proposed legislation becoe andated# This paper highlights one aspect of my PhD research concerning Irish Travellers and criminal justice in Northern Ireland and the Republic of Ireland [to be referred to henceforth as the north and south respectively]. The theoretical perspective taen here is that !one of the primary objects of discipline is to fi"# it is an anti$nomadic techni%ue& 'Rabino() *+,-) p./01. *  Irish Travellers are a minority ethnic group indigenous to the island of Ireland and there is a lac of information on criminal  justice and Irish Travellers on the island.   Indeed) e"act figures concerning the *  Rabino() in discussion of 2oucault&s consideration of po(er and control observed throughout bureaucratic institutions such as schools) prisons) psychiatric units) housing agencies) (elfare agencies et al.   There has been an almost entirely systematic failure to collect information on Irish Travellers as either an ethnic minority or as a distinct group ie. !Irish Travellers& (ithin institutions) especially those relating to criminal justice throughout the (hole island. 3"amples of e"ceptions to this stance are4 Police 5ervice of Northern Ireland 6ommunity 5afety 7ranch 5tatistics on Domestic 8iolence) 9ate 6rime and :outh ;ffences in Northern Ireland //<=//-# *   population count of Irish Travellers in Ireland remain contentious. >ccording to The Department of the 3nvironment ) 9eritage and ?ocal @overnment it (as estiated there (ere A)++* Irish Traveller families recorded as living in the Republic of Ireland at the end of //-. <  It is confusing that the department&s figures (ere based upon families rather than individuals and as such) these figures have been disputed by the Irish Traveller Bovement (ho believe that there may be at least -/)/// Travellers in the south. -  In the north their population can only be estimated at around *//$*C//. C  ;ccasionally Irish Travellers are referred to as @ypsies. >lthough this is incorrect) they share many common traits (ith the (ider 3uropean @ypsy Traveller  A  communities. Their srcins and histories remain highly contested by academics such as 5huinear '//-1 and Drummond Donnelly '//C1. Bany used to be nomadic as  part of their culture. :et as >cton et al have observed '*++01 the majority of Irish Travellers 'and @ypsies1 no longer travel. Indeed) most are indistinguishable from the ethnic majority) having been integrated or even assimilated 0  into the settled community throughout time. 3ven so) Bc8eigh '*++01 has commented that those identifying themselves as Irish Travellers 'or @ypsies1 or being so labelled) continue to be stereotyped as nomadic by affiliation. :et as Bayall '*++C1 has observed) for centuries nomadic practices and nomadic people have been regarded (ith suspicion. They have been labelled as primarily anti$disciplinarian) anti$control and essentially anti$state. In short) the perception has been for(arded that nomadic practices or association (ith nomadic culture e%uates to criminality. This situation is e"emplified  by the media in Ireland ,  and such labelling impacts on the social e"clusion of many (ithin this community. +  Traditionally) Irish Travellers have set up camps illegally in order to continue to ply trades such as tinsmithing) tarmaccing) fortune telling) begging and harvesting. :et) in the main their nomadic lifestyles have been subjected to byla(s on the island. This meant that they (ere constantly threatened (ith eviction notices handed out by local authorities) and occasionally) private lando(ners) to move on to another area. ;ften http://www.psni.police.uk/community_safety.pdf!ml"http://www.psni.police.uk/scripts/te!is.e!e/we#inator/search/!ml.t!t$%uery"&raveller(ommunity)pr"internet)order"r)c%")id"*+ac*d+ # 8olume , of the 6ensus // Republic of Ireland) Irish Traveller 6ommunity4 Table 0 Irish Travellers enumerated in communal establishments) 'prisons in particular1 classified by type of establishment4 http://www.cso.ie/census/documents/vol_t+_0*.pdf   and the Northern Ireland 5tatistics and Research >gency 6ensus results //* http4==(((.nisra.gov.u=census=6ensus//*;utput=standardtables.html <  >ccording to figures collected (ithin the >nnual 6ount) !Traveller 2amilies in ?ocal >uthority >ssisted >ccommodation and on unauthorised sites& (hich too place on the A=**=/-. Eritten reply received from Danny Bc3lhinney) Traveller >ccommodation Fnit) The Department of the 3nvironment ) 9eritage and ?ocal @overnment) /-=/C=/C. -  3mail communication estimating population count based on large Traveller family siGe eg. ,$*/ pesons per family) received from David Hoyce of the Irish Traveller Bovement) Dublin) /=*/=/-. C  In a recent reply to my %uestion regarding the e"act Traveller population in Northern Ireland) the Northern Ireland 9ousing 3"ecutive revealed that !Due to their nomadic lifestyle it is difficult to put an e"act figure on the number of Travellers resident in  Northern Ireland at any given time&. '(ritten reply received from >idan 7rannigan) Traveller Project Team) /-=/C=/C1.   A  @ypsy=Traveller is a generic term) accepted by these communities and academics alie to describe Irish) 3nglish) 5cottish) Eelsh or Romany Travellers. 5ee >cton)T. et al '*++01 !ps! Politics and "raveller Identit!  Fniversity of 9ertfordshire Press. 0  By understanding of integration is to retain culture=identity=religion (hilst competing as an e%ual (ithin society. >lternatively) in my vie() assimilation means competing as an e%ual (hilst choosing to relin%uish cultural obligations or affiliations and identity. ,  The situation is identical in 7ritain and all 7ritish media is (idely available on the island. +  ;utside the la( 6omment) '/,=/A=/-1 "he Irish Independent,  p.,# 2arrell) N. !Traveller faces sentence for stabbing at school)&  1elfast "elegraph, A=/C=/- p.*A.   Travellers stayed in these illegal encampments) moving just before the date set by (hich they (ere liely to be evicted or summoned to court for failure to comply (ith  by$la(s. :et as civil la( cases could often tae (ees to compile and come to fruition) Travellers could encamp and move on fre%uently (ithout necessarily being fined. Today) illegal encampments of nomadic Travellers are fre%uently visible on the island. 5o too are the caravans and trailers of those (ho reside on official and often  poorly maintained sites. These are placed very often close to main roads or) conversely) out of sight ne"t to garbage tips. In cities in the south thousands remain trapped on official sites that are overcro(ded due to the reticence of government to  provide sufficient Traveller specific accommodation such as group housing schemes) halting and transit sites. >s (ill be made clear) this situation has also been further e"acerbated by anti nomadic legislation. >lternatively) in the north) although fe(er in number) illegally encamped Travellers reside on the outsirts of urban areas a(aiting urgently needed accommodation provision. >ny visitor to the north or south of Ireland may observe huge boulders at the sides of roads blocing lay$bys and entrances to fields that have for hundreds of years been traditional stopping areas for this community. 6onversley) halting sites are often surrounded by high (alls or mud mounds to hide these communities from vie( of the sedentary masses. 6onse%uently) the forced termination of an ethnic cultural  practice) that being nomadism) is thus embodied not only (ithin legislation but also (ithin physical impediments to continuity of that culture. Boreover) alongside Irish Travellers) (e the sedentary classes) cannot help but read the message of these  boulders) mud mounds and high (alls) being that Traveller lifestyles are unacceptable. 2or me the irony of this situation is that it typifies the violence of the la() and surely 5arat J Kearns et al '*++C1 (ould have something to say about such  practices. 2or if Travellers themselves (ere to put in place such physical obstacles they (ould certainly been found guilty) at the very least) of obstructing the high(ay or of breaching planning la(s. >lthough nomadism is an important part of Irish Traveller culture) there has never  been a right to a nomadic lifestyle on the island of Ireland. Neither the 6onstitution in the south nor la(s in the north contain provisos for nomadism. 3ven the 9uman Rights >ct *++,) incorporated (ithin the la(s of the north in ;ctober /// and (ithin the south in //<) offers no right to travel as a lifestyle. >s such) the re%uest  by Irish Travellers and Irish Traveller support groups to the recognition of nomadism as a valid (ay of life) must be a thorn in the side of both governments. :et as (ill be made clear) government departments in both parts of the island have at times accepted that nomadism is a part of Traveller culture and have vo(ed tenuousl!  to mae  provision for nomadism. <  >s already stated) although the practice of illegal encampment continues today) the circumstances of nomadic Irish Travellers in the south have altered drastically (ith the introduction of the 9ousing 'Biscellaneous Provisions1 >ct //. Boreover) this may soon be replicated in the north if the proposed Fnauthorised 3ncampments 'Northern Ireland1 ;rder //- is mandated. The 9ousing 'Biscellaneous Provisions1 >ct // criminaliGes trespass on public and private land. The main thrust of this >ct in the south is that it made illegal encampment a criminal offence. This is despite the fact that the Irish government in the south have failed to provide ade%uate accommodation provision for Irish Travellers. */  6onse%uently) this failure) coupled (ith the deleterious effects of the 9ousing 'Biscellaneous Provisions1 >ct // has forced Travellers to have contact (ith the criminal justice system in a negative sense (hilst criminalising them at the same time. The ramifications of the 9ousing 'Biscellaneous Provisions1 >ct // are that Travellers can be moved on (ith less than - hours notice. If they refuse to move on) they may be arrested (ithout the need for a (arrant. 2ailure to comply (ith a @ardai&s **  re%uest to leave an illegal encampment can result in Travellers receiving fines up to L </// or) being imprisoned for a month or both. Boreover) caravans and vehicles may be impounded and charges are levied for each day that a vehicle or caravan is ept in storage. In addition) the courts are rarely consulted (ithin the frame(or of this legislation as the @ardai have e"tensive po(ers to decide (hen an offence has been committed and they do not need to consult the judicial process. 5ubse%uently the use of this la( is undocumented# un$monitored by the legislator) courts and the e"ecutive. The Irish Traveller Bovement believe this legislation to be a gross interference (ith the 6onstitutional rights of Travellers. >lso) it is discriminatory contrary to the 3%ual 5tatus >ct /// *  in the south (hich offers  protection to members of the Irish Traveller 6ommunity as (ell as other named groups on grounds of access to services and goods. In addition) the >ct is in opposition to the 3uropean Fnion Race Directive '///1 !implementing the principle of e%ual treatment bet(een persons irrespective of racial or ethnic srcin.&'@oldston) //C) 3RR6 (eb site document1. In many instances local authorities have a duty to provide permanent and transient accommodation to Travellers. 3ven so) this >ct is allo(ing them to avoid their responsibilities.   >s the Irish Traveller Bovement legal department mae clear) t(o >cts of la( passed previous to the // >ct in the south proposed that a transient lifestyle be catered for. 7oth the 9ousing 'Traveller >ccommodation1 >ct *+,, and */   In *++C The Report of the Tas 2orce on the Travelling 6ommunity recommended that <)*// ne( units of Traveller specific accommodation and standard housing be provided by ///. ;f these <)*// the Tas 2orce identified a need for )// halting site  bays and transient bays leaving a remainder of +// units to be used for standard and group housing. :et) very little progress has  been made since *++C. In total) */A, families (ere provided for leaving a shortfall of /<. 7y //< this shortfall had gro(n to )CCA ref4 Parliamentary %uestion No. <,- put to the Binister for the 3nvironment) 9eritage and ?ocal @overnment asing the number in total of Traveller accommodation units yet to be provided by each local authority under their respective C year Traveller >ccommodation Programmes for ///$//-) *,=/C=/-) Ref No. *-*</=/- **  Irish police. *  The 3%ual 5tatus >ct ///)  http4==(((.irishstatuteboo.ie=MM>,:///.html accessed /=/A=/C .   -  the 9ousing >ct *++, state that the housing authority must) in the first instance and I %uote) !& mae further provision for transient and temporary sites& and in the latter case ! !have regard to& the need for transient halting sites.& *< . :et the (ording contained (ithin both cases may be regarded as ambiguous. 7et(een Huly // '(hen the >ct (as implemented1 O ;ctober //< over *C/ evictions have been recorded by the Irish Traveller Bovement. This monitoring also suggests disruption to educational) (elfare and health provision (hilst severely impairing or destroying the chance of social integration for these families. In the north although the population of Irish Travellers is much lo(er) the situation for them is e%ually precarious as in the south. In *++A the Department of the 3nvironment for Northern Ireland established a (oring party to consider the accommodation needs of Travellers up until //A. *-  Eithin this report it is clearly stated that the Department ! accepts & nomadism) 'ibid# p. +1 (hatever this means in  practice. 2urthermore) in // The ;ffice of the 2irst Binister and Deputy 2irst Binister in !> Response to the Promoting 5ocial Inclusion Eoring @roup Report on Travellers& *C  identified the shortfall in Traveller specific accommodation and vo(ed to mae amends to this by //-. 3ven though responsibility (as later shifted from the Department of 3nvironment to that of the Department of 5ocial development) this has made no discernible difference on the ground for Travellers. *A  Indeed) despite admitting that accommodation provision for Travellers is dependent upon land ac%uisition and availability of finance) and despite acno(ledging a timescale running out in //+ by (hich to implement liited accommodation for Travellers) the Department of 5ocial Development submitted the Fnauthorised 3ncampments 'Northern Ireland1 ;rder //- to parliament in Bay //C. This (as despite criticism from the 3%uality 6ommission Northern Ireland) related to concerns at the time of the initial draft and its subse%uent submission. 5imilar to the situation (ithin southern la() these concerns related to lac of accommodation provision and the (ider impact on social e"clusion such as police discretion# lac of police accountability to the courts# the adverse impact on police=Traveller relationships) and contraventions of international la(s such as the 3uropean Fnion Race Directive '///1) the 9uman Rights >ct '*++,1 *0  local la(s such as the Race   Relations ;rder '>mendment1 Regulations 'Northern Ireland1 //< *,  and @ood Relations Duty under 5ection 0C of the same >ct. 9o(ever) at time of (riting) there is still a serious shortfall in Traveller *<  Irish Traveller Bovement document //C) "ravellers and the a%3 egislation ) ITB (ebsite. *-  Department of the 3nvironment for Northern Ireland. '*+++1 Ne( Policy for >ccommodation on Travellers. *C  http4==(((.ne(tsnni.gov.u=travellers=anne"-.htm *A  >t time of (riting this is being passed on once more to the 9ousing 3"ecutive of Northern Ireland.   *0   9uman Rights >ct *++, *++, 6hapter - http4==(((.opsi.gov.u=acts=acts*++,=*++,//-.htm *,  5tatutory Rule //< No. <-* Race Relations ;rder '>mendment1 Regulations 'Northern Ireland1 //<) http4==(((.opsi.gov.u=cgi$bin=htmhl.plD7opsiJ5T3BB3RenJE;RD5raceQorderQ//<QJ6;?;FRRedJ5T:?3sJFR?http4==(((.opsi.gov.u=sr=sr//<=//</<-*.htmmuscathighlighterfirstmatch C
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