§ Mr. Hendersonasked the Solicitor-General for Scotland if prosecution practice in relation to travelling people is the same as for any other citizens, where there have been breaches of criminal law, local byelaws or planning matters.
§ The Solicitor-General for ScotlandThe toleration policy relates only to unauthorised encampments as such. It does not relate to other breaches of the law. Where there are such complaints these will be dealt with by the police and procurators fiscal in the normal way.
§ Mr. HendersonIs my hon. and learned Friend aware that some people in my constituency will find that answer difficult to believe because they perceive that travelling people are allowed, apparently, to do things which no other people would be allowed to do, sometimes on encampments and sometimes not. Will my hon. and learned Friend agree to discuss with his right hon. Friend what action would be appropriate between the Crown Office and the Scottish Office to resolve some of the difficulties with whch we are faced in north-east Fife, particularly Cupar?
§ The Solicitor-General for ScotlandIf I may disabuse my hon. Friend's constituents of their misapprehension, no toleration policy extends to the travelling people other 1296 than in relation to unauthorised encampments. I have to say to his constituents and the travelling people that if they think that they would enjoy greater leeway in the commission of offences unrelated to encampments they should carefully consider the position, otherwise they will find themselves prosecuted in court.
§ 25. Mr. McKelveyasked the Solicitor-General for Scotland if he will make a further statement on the policy of non-harassment of travelling people.
§ The Solicitor-General for ScotlandThe Scottish Home and Health Department will shortly be circulating revised guidelines to local authorities following the policy initiative announced by my hon. Friend the Minister with responsibility for home affairs and the environment at the Scottish Office. Under the revised policy, non-harassment will be directly linked to progress in the provision of pitches for travelling people with targets fixed at district levels. In future where these are met, my noble and learned Friend the Lord Advocate agrees that the policy of toleration should no longer apply. I should also make it clear that the policy of non-harassment does not apply to larger random encampments such as those experienced at Kilmarnock and elsewhere this summer. Encampments of large groups of caravans moving outwith established travellers' patterns will not be tolerated, whether or not pitch targets have been met.
§ Mr. McKelveyWhat a splendid answer. I wonder whether the hon. and learned Gentleman would consider and perhaps clarify matters. If, for instance, Kilmarnock and Loudoun district identify a proper site which exceeds the criteria laid down by the Scottish Office and apply for a grant, at the moment of application will it be free from the obligation to operate a policy of non-harassment?
§ The Solicitor-General for ScotlandI am grateful but surprised by the hon. Gentleman's approval of the answer that I gave. I believe that the steps that my right hon. Friend the Secretary of State for Scotland is taking will be warmly welcomed by district authorities throughout Scotland. I confirm that once the pitch targets have been announced and are known, and once those targets have been met in districts and areas, the toleration policy in relation to unlawful encampment will no longer continue. I believe, and I think that the hon. Gentleman will agree, that that will go a long way to alleviate local anxiety about this difficult and ong standing problem.