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Dale Farm: A Case for the UN

The welcome news is that Cesare Ottolini, director of the Italian-based International Alliance of Inhabitant (who helped get 500 more signatures on the Save Dale Farm Petition) has sent the Report below for inclusion on the agenda of the *World Urban Forum* in Vancouver, on 19-23 June.

"Case 4: Dale Farm" *is now among those being submitted to the Forum in Canada by the *UN Advisory Group on Forced Evictions.

Gypsies and Travellers in the UK: Dale Farm

Case 4 in Report 2006 of the Advisory Group on Forced Eviction of the United Nations:

Submission to the World Urban Forum, Vancouver
June 19-23 2006

As reported in the 2005 AGFE report, Travellers and Gypsies are one of the most vulnerable and marginalised ethnic minority groups in the United Kingdom (UK) and continue to suffer entrenched discrimination affecting their enjoyment of a whole range of human rights, including housing rights. Dale Farm, in Crays Hill Basildon, Essex England, is one of the Traveller communities reported on in the AGFE 2005 report. Some 86 families at Dale Farm, plus more at two others locations continue to face eviction by Basildon, making a total of 120.

Dale Farm has 1,000 residents of whom 600 have been refused planning permission to live on the ground they own. Almost all are related within the Sheridan clan, which has traditionally dealt in second-hand furniture, as well as asphalting and more recently paving. But many people in Dale Farm are retired from work, elderly and unwell. There are about 150 children going to school and, currently seven pregnant mothers. The reason given for the proposed eviction is that the homes are on greenbelt.

However, a large part of the site was a licensed scrap-yard It is believed by the residents that there is an anti Gypsy campaign headed by Conservative MP John Baron supporting a petition signed by 5,000 local people. The neo-Nazi British National Party put up a candidate in Crays Hill in the May Local election, partly on an anti-Gypsy and won over 300 votes (700 in total in Basildon). It was the Labour Party council which gave planning permission to some 40 families to live at Dale Farm in the1970s

About four years ago, because of the evictions of travellers all over the UK. This was happening against a background of increasing harassment against travellers, that members of if 350,000 Gypsies, Travellers and Roma still following the nomadic way of life.

Since the 1994 Criminal Justice Act, part of which was aimed specifically at Travellers, the travelling way of life has been rendered practically illegal. Police now have powers to "move on" those attempting to encamp on roadsides, whilst local councils have increasingly used "direct action" to evict Travellers from both council owned land and land purchased by Gypsies.

This has been happening against a background of increasing harassment of the 350,000 Gypsies, Travellers and newly-arrived Roma, of whom some 60,000 are on the move at Any given time. A Government survey indicates that there is a 30 percent to 40 percent shortfall in the number of legal stopping places available
to nomadic families.

The 1994 Act withdrew the duty placed on local authorities by the 1968 Caravan Sites Act, under which some 400 caravan parks had been built. Now Travellers were advised to buy their own land but those that did faced a "catch 22" situation; local authorities refused planning permission in almost every case. Instead, councils hired outfits like Constant & Co, private security firms "specialising in removal of gypsies". As a result, under the smokescreen of planning regulations, thousands of Travellers have been evicted from their own grounds and their homes bulldozed in what is being experienced as ethnic-cleansing.

The Dale Farm community is one of a dwindling number left and the largest in the UK, with about 1,000 persons. About 50 small yards, comprising 120 homes (chalets, mobile-homes and caravans) are threatened with an eviction operation, which would involve Constant & Co., hired by Basildon at a cost of up to 5 million Euro ( 6 million if legal and other costs are added).

The Dale Farm issue began somewhere around 2000, when extension of the old Dale Farm community started on the scrap yard area. Basildon Council issued Enforcement Notices to stop development. All planning applications were refused. On appeal, Deputy Prime Minister John Prescott gave the community 2 years temporary permission. This expired in May 2005. On second appeal, he has given 12 months to ten yards (about 15 families) and the other 40 yards (66 families) are making an appeal on 1 August 2006. They will ask for a minimum of two years on the basis that they waiting for the alternative land at Pitsea (proposed by the Government but refused by Basildon Council) which will take two or event three years at least to materialise).

The Basildon Labour Party, in opposition to the Conservative administration, has said that force should not be used and that the eviction plan "could be tainted by racism". Meanwhile, the UK Commission for Racial Equality is supporting the Dale Farm residents in a Judicial Review of the decision to evict (expected to place in October2006). A similar Judicial Review concerning the eviction of families at Gipsy Hill, Hovefields Drive, near Dale Farm, heard in May, went in favour of the Travellers. An appeal has been entered by Basildon council Malcolm Buckley, the Tory leader of the council states that he will go ahead with the eviction of Dale Farm when legally allowed to do so.

Continued events and threats

On 5 May 2005, the community was faced with eviction again, since the two years granted by the Deputy Prime Minster had expired.

In June 2005, the Basildon Council voted for the eviction to go on and hired Constant & Co. to draw up the eviction plan at a cost of 50,000 euro. The eviction was expected on 1 August 2005 but only the police showed up.

24 January 2006 Basildon Council voted to bulldoze the homes of some 1,000 Travellers living in the area. The decision was made to carry out evictions, despite a pending judicial review of council policy and despite pleas to await the outcome of a proposal by UK Deputy Prime Minister John Prescott to re-accommodate families at Pitsea. The decision to evict "contravened the latest Council of Europe recommendations on two vital points. The CE said no evictions should take place without an injunction from a judge and only when an acceptable alternative was being provided." (Source: Ustiben report, ETHNIC-CLEANSING VOTE THREATENS UK GYPSIES, Grattan Puxon, 25 January 2006)

22 March 2006 - Basildon council demolished the homes of four families at Five Acre Farm, near Gipsy Hill, in its plan to spend up to five million euro to remove unauthorised caravans from the district. Nearly 100 families are at risk of eviction from nearby Dale Farm.

Deputy Prime Minister John Prescott has exposed the shortfall of at least 4,000 plots or pitches needed by Travelling families. (Source: Ustiben report, BRITAIN'S ANSWER: SEND IN BULLDOZERS, Grattan Puxon, 23 March 2006)

"A High Court Judge yesterday (12 April 2006) ruled as unlawful a decision by Basildon District Council to bulldoze further yards at Hovefields Avenue, a Gypsy colony not far from Dale Farm, Britain's largest Travellers' community which has been under siege for the past four years.

Mr Justice Ouseley said the council's use of direct action powers against Hovefield - part of plans to ethnically-cleanse 120 Gypsy families from the district - were unlawful because it had failed to take into account the possibility that property-owners could be successful in obtaining planning permission on appeal.

"Central Government policy and previous appeal decisions were not considered', Judge Ouseley ruled." Without these, the decision cannot be seen as proportional or lawful."

He criticised Basildon for ignoring the recommendations contained in the latest UK Government circular on accommodation needs of Travellers. The contents of this circular, with its emphasis on provision of suitable alternative land, were spelt out during the hearing by Richard Drabble QC., representing Josie Casey and other Hovefield residents.

Tory leader Malcolm Buckley says Basildon intends to appeal against the ruling. Meanwhile, the council have also applied for a High Court injunction to prevent further removal of earth barriers surrounding yards at Hovefields, placed their by Constant & Co. to stop previously evicted residents re-occupying their properties.

"No half measures here," commented Dale Farm spokesman Richard Sheridan. "The council want to stop owners even keeping a few chickens on that land - let alone rearing their children there."

However, it is doubtful whether the injunction in fact renders unlawful the mere movement of earth on what is agricultural land. Two other local authorities have in similar circumstances admitted that owners have a right of way for purposes of placing animals on their greenbelt properties.

As part of celebrations marking Roma Nation Day on 8 April 2006, some 30 Travellers, Roma and supporters dug away part of one of the embankments surrounding a cleared yard at Five Acres Farm. The purpose was to draw attention to the illegal blocking of the owners' right of way onto their property.

Costant & Co., assisted by H.E.Services and the Terranoba Group, cleared two yards at Hovefields on 26 July last year. A further four yards were bulldozed on 21 March. In the course of these operations, serious damage was done to the property of Mrs. Gilheaney, owner of Ash View, a property under protection of a High court injunction.

The Dale Farm judicial review hearing is expected in October. Some forty planning appeals in respect of yards there have been scheduled to start on 1 August 2006." (Source: Ustiben report, JUDGE RULES GYPSY EVICTION UNLAWFUL, by Grattan Puxon, 13 April 2006)

Level of Community organisation of the affected community

Dale Farm has a Committee headed by Richard Sheridan and Kathleen McCarthy. There is also Dale Farm Housing Association, with the same leadership and Grattan Puxon as Secretary. Richard Sheridan is chair of the Irish Travellers Movement 2006, and a representative on the UK Gypsy, Traveller and Roma Forum, linked to the European Roma and Travellers Forum in Strasbourg (a consultative body with the European Parliament).

Supporting agencies working in alliance with the affected community

• Standing Conference of the UK Gypsies, Travellers and Roma Forum chaired by Cliff Condona, delegate with Catherine Beard, to the European Roma and Travellers Forum.
• (UK) Federation of Gypsies and Irish Travellers.
• UK Association of Gypsy Women
• National Travellers Action Group
• Irish Travellers Movement 2006
• National Gypsy and Traveller Affairs
• Trans-European Roma Federation
• Peace & Progress Party, led by Corin Redgrave and Vanessa Redgrave, UNICEF Ambassador
• Panjabi Human Rights Monitoring Team (with PakiTV), Jewish Human Rights Monitoring Team (drawn partly from the Jewish Socialist Group), and National Travellers Action Group Monitoring team, formed to come to Dale Farm in the event of an attempted eviction together with individual monitors including Vanessa Redgrave and Lib Dem MP Nick Harvey.
• International Alliance of Inhabitants, supporting the Zero Evictions Red Wheels Campaign.

Authorities implementing the eviction

Basildon District Council led by Malcolm Buckley, leader of the Conservative Party in Basildon

Actions taken so far by the community and/or supporting agencies to resist the eviction and/or to develop creative, alternative solutions.

• They have engaged solicitor Keith Lomax, who is representing the community at the Judicial Review with a barrister, now expected to take place in May 2006.
• Planning experts, Dr Ronald Kenrick, Jeremy Brown and Sarah Green have been engaged to conduct the planning appeal in May 2206.
• Assistance has been sought from the Commission for Racial Equality for the Judicial Review.
• Non-violent passive resistance to any eviction attempt. The community have indicated that they will form a human shield in front of the bulldozers to save their homes.
• Launching of the International Campaign of solidarity Zero Evictions Red Wheels Campaign.
• Both the Labour Party and Liberal Democrat councillors on Basildon Council oppose the use of force and the destruction of homes at Dale Farm. The Labour Party has stated that the decision to do so is racially tainted.

Consultations held and alternative housing and/or compensation offered by the authorities to the affected community

There has been low level consultation, with the deputy executive, but no alternatives or compensation has been offered, even though the Sheridans own the land. The Government through Mr Prescott has stepped in with the proposal to give land to the community at Pitsea which is also in Basildon. However this land lies between a railway line and a major highway - a dangerous and noisy environment.

Future Initiatives and Strategies to resolve the problem

The community feels this is a clear case of a racially biased decision by a local council in the face of a "compromise" offered by the Government for the land to be provided at Pitsea. The bulldozing of 129 homes, throwing some 1,000 people onto the streets, is seen and experience by the community as ethnic-cleansing. In this regard, follow up and strategies for future action have been discussed. Rudko Kawczynski, chair of the European Roam and Travellers Forum (ERTF), will be meeting the UK Permanent Representative in Strasbourg on the issue of Dale Farm and ethnic cleansing of Travellers. The UK delegate of ERTF will be going to Strasbourg as well in April 2006. The Chair of the Dale Farm Residents Committee hopes to meet Ruth Kelly, Minister of Local Government, to give her a clear message from the residents. Their message will be that they should be left alone. The will also try to persuade the Minister to grant them permanent planning permission for Dale Farm and to stop the hiring of Constant & Co. and other private security firms by local councils for the eviction of Gypsies from their own land when no alternative is being offered (i.e. other land houses are not wanted) to evict will cost much public money. They believe providing a site at Pitsea will cost even more.

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