§ Mr. Home RobertsonTo ask the Secretary of State for Scotland what guidance has been given to procurators fiscal concerning action to move on travelling people from unauthorised encampments in districts where official sites are available for travelling people; and if he will make a statement on the encampment by the A198 road at Prestongrange, East Lothian. [33060]
§ Lord James Douglas-HamiltonSince 1 April 1985, the toleration of unlawful encampment by travelling people has been linked to achievement by local authorities of provision of pitch targets set by the Secretary of State for Scotland on the basis of recommendations by his Advisory Committee on Scotland's Travelling People. My noble and learned Friend the Lord Advocate has issued instructions to procurators fiscal to the effect that, in considering the appropriateness of criminal proceedings in relation to unlawful encampment by travelling people, they need not have regard to the policy of toleration where the relevant local authority has met its pitch target. These instructions relate to the consideration of criminal proceedings where a report has been received from the police. The procurator fiscal at Haddington has yet to receive a report from Lothian and Borders police in relation to any encampment by the A198 road at Prestongrange, East Lothian.