I have no idea why people whose judgement I usually regard as sound consider Kevin MacNamara’s remarks to be in any way uncalled-for. As far as I can see, the Conservative Party’s new policy on gypsies is utterly odious; the Conservative Party themselves are not particularly similar to the Nazis, but their policy on Gypsy camps is sufficiently similar to be worthy of the analogy. Michael Howard (who created this problem in the first place by removing the obligation on local authorities to provide sites for Gypsies) has said, in public, that he intends to repeal or alter the “so-called” Human Rights Act in order to deprive Gypsies of their right to due legal process in challenging refusals to give planning consent for campsites on land that they have bought. This is scandalous. The Human Rights Act, among other things, guarantees due process for anyone who finds themselves having legal restrictions placed on their ability to do what they want with their property, or to have a home for themselves and their families in a community of their choice. In matters of planning disputes, Gypsies have rather more need for judicial review than most of us, because local authorities tend to racially discriminate against them. But what Michael Howard is saying is that he will alter the law so as to have the effect of removing this protection from Gypsies, because he wants non-Gypsies to be able to prevent Gypsies from living near them and regards this as more important than the public
policy issue.
If you are planning to create legislation to with the intention of making an ethnic group into second class citizens, and you know that this ethnic group has historically been the victim of extremely serious persecution, and you are doing so in order to jump onto a newspaper bandwagon which is stirring up hatred of this group, then you are planning to do something which is a) very wrong indeed and b) really quite similar to what the government of Germany did between 1934 and 1945. Nazi comparisons are overdone, but some policies actually are “quite like the Nazis”, and denying civil rights to Gypsies is one of them.
There certainly is a “whiff of the gas chambers” about this, the Gypsy Council also thinks that there is, and Kevin MacNamara should be congratulated for having the courage to say it out loud; God knows that there are no votes in it as Gypsies aren’t very well represented on electoral registers. Michael Howard might or might not find Nazi comparisons particularly wounding given that his family were Jewish refugees from the Nazis, but if he does, then all one can say is, well let him bloody well be offended then. He’s planning on changing the law so as to facilitate the removal of people from land that they own by force and the destruction of their homes, and he’s backing a really quite virulent campaign in the Sun and the Mail, so he can wear it. Note that nobody’s called him a Nazi; just this particular policy, because it is. Everyone else’s dumping of litter, petty theft and what have you is kept under to control by the criminal law of England and Wales plus the occasional ASBO, so to claim that there is any particular problem with respect to Gypsy communities is to claim that there is something particularly and congenitally criminal about them. That’s racism, if anything is, so Howard can wear that one as well.
Look, this is not just a matter of knockabout party politics. There is a law in England against incitement to racial hatred (under which, by the way, both Roma and Irish Travellers are considered to be racial groups, and the Gypsy representative bodies simply do not make the deep principled distinction between these two communities which some people seem to determined to draw on) and it is there for a reason. That reason is that this country has a history on race
relations which is in the broad sweep of things quite admirable, but which has certainly been punctuated by some very unpleasant episodes, many of which were stirred up by exactly the kind of opportunistic convergence between mindless newspapers and calculating politicians which we are seeing here in its infancy.
Caravans, as a form of housing, are not very secure and highly vulnerable to fire and anyone who wants to tap into the rage of Middle England ought to be damn careful about what he is playing with. I suspect that the odds are rather better than ten to one that this particular shameful episode ends up in a tragedy, probably somewhere in the South of England, this side of Derby Day.
{ 12 comments }
abb1 03.23.05 at 2:27 pm
…Irish Travellers…
Is Pitt’s character in “Snatch” one of them? ‘The fucking pikey’, right?
Andrew Boucher 03.23.05 at 3:51 pm
I don’t know about England but in the U.S. there are zoning laws, and one can’t simply do with one’s land as one sees fit.
Denying due process does sound scandalous, but “refusals to give planning consent for campsites on land that they have bought” seems fine with me, so long as these are refusals of the campsites and their particularities and not of the people who might inhabit them.
In any case I’d use more care before one trots out a phrase like “whiff of a gas chamber.” Denying a group of people their basic human rights is one thing; trying to exterminate them quite another. Shame.
Daniel 03.23.05 at 4:33 pm
so long as these are refusals of the campsites and their particularities and not of the people who might inhabit them
Yeh, but if you think that gypsies are getting a fair shake in Home Counties planning applications, then I’ve got a mock-Tudor mansion next to a gypsy camp to sell you.
Denying a group of people their basic human rights is one thing; trying to exterminate them quite another
Check out the Sun, man. Closer than you’d think.
Daniel 03.23.05 at 5:24 pm
This is a test comment because a few people have told me that they’re having problems with comments; if you can see this, they might be working.
Andrew Boucher 03.23.05 at 5:48 pm
” ‘so long as these are refusals of the campsites and their particularities and not of the people who might inhabit them.’
Yeh, but if you think that gypsies are getting a fair shake in Home Counties planning applications, then I’ve got a mock-Tudor mansion next to a gypsy camp to sell you.”
My reply: I didn’t say they are getting a fair shake – I don’t know. I am just questioning your logic – or rather lack of it. Your comment about “refusals to give planning consent for campsites on land that they have bought” needs to be buttressed by some evidence that they are not getting a fair shake, and nothing you have said in your post seems to provide any. Your comment (mock-Tudor mansion) does not add anything.
“Check out the Sun, man. Closer than you’d think.” How profound. Again, apparently you have difficulty distinguishing between violaions of human rights and extermination. Shame on you, twice.
Andrew Bartlett 03.23.05 at 6:27 pm
I don’t know that having a problem to distinguish bewteen The Sun’s campaign and the propaganda that leads to extermination is in any way a failure.
After all, in addition to their campaign to “Stamp Out The Camps” – which they argue is only ‘fair play’ because they are dealing with illegal sites – there is a parallel campaign to block John Prescott’s plan to force councils to provide planning permission on gypsy and traveller sites where appropriate.
The two campaigns are clearly designed to whip up hatred of gypsies and travellers, denying the legitimacy of any of their camps – effectively a camapaign to drive them out of existence.
Michael Howard, incidentally, is the Home Secretary who removed the regualtions that bound councils to provide a legal site for gypsies and travellers. He is directly responsible for the current shortfall in sites and is now playing on the fact that gypsies and travellers necessarily stop at illegal sites to win votes, offering solution except to engage in what can only be a perpetual crackdown – raising the levels of acceptable and letimated bigotry and hatred in the general population.
If you do not think these turns in our political culture are dangerous, and reminiscent of the first steps that cast Jews as a criminal underclass, dehumanised them and delegitimated their very right to a place in society, then the shame is on you. And you will do fine to throw your lot in with Michael Howard’s Tory Party, the same party that celebrated Tony ‘put all the gypsies in a field, surround them with barb-wire and machinegun them’ Martin as some kind of British hero.
Ethan Edwards 03.24.05 at 11:24 am
What a ridiculous set of assertions.
The conservatives want one law to apply equally to travellers and the settled community alike. You do yourself no favours by inventing such claptrap. You merely make yourself look like swivel eyed loonies.
Your solution is then to allow one group to continue to be above the law at the expense of others. Sounds pretty racist to me…..
Raimo 03.24.05 at 11:45 am
If Howard did change the Human Rights Act, the gypsies contested it on grounds that it violated the European Convention on Human Rights (Protocol 1, Article 1), how good would their chances be?
Daniel 03.24.05 at 4:06 pm
The conservatives want one law to apply equally to travellers and the settled community alike
Not so. Currently, the law on planning applications is not applied equally; it is applied in a way which discriminates against Gypsies. The human rights legal structure gives Gypsies a way to use the courts to try to achieve an equal application of the law. Michael Howard is proposing that the human rights law should be repealed so as to allow local authorities to continue to discriminate against Gypsies. The fact that, as Raimo correctly notes, he has not the ghost of a chance of doing so in a way that would survive its first encounter with Strasbourg doesn’t make him any less disgusting for going along with the Sun’s “Stamp the Camps!” campaigns.
Thomas Dent 03.24.05 at 6:19 pm
Can anyone explain why this is particularly an ‘ethnic’ or ‘racist’ problem? Did my step-sister suddenly change ethnic group as a result of going to live in a caravan rather than a house?
Jasper Milvain 03.25.05 at 5:23 am
Can anyone explain why this is particularly an ‘ethnic’ or ‘racist’ problem?Because many travellers belong to a couple of specific ethnic groups (note the bit about “Roma and Irish travellers” above), and this feeds back into the way they are seen, and treated. Your step-sister did not change ethnicity, but her neighbours might behave as if she had.My apologies if that was a rhetorical question, by the way.
Peter Clay 03.25.05 at 6:06 am
Putting the racial prejudice to one side for a moment, there are real issues that need to be resolved. Howard is and the Murdoch press are doing their best to confuse them, but that’s business as usual.
Rural local authorities refuse virtually all planning applications for new build; the aim is to “preserve the identity of the local community”. Sure, it’s parochialism, but it seems to be what people want from the planning process. It’s by no means exclusive to travellers: there was a wave of incidents in Wales recently of (legal) holiday cottages being vandalised or burnt down (while unoccupied).
Turning up, buying agricultural land, building a house on it (or establishing a fixed caravan) and living there would result in eviction and demolition, even if that would leave somebody homeless. It’s not clear why travellers should be exempted from the law. Personally, I’d like to see a liberalisation of planning law to encourage people to build their own houses rather than live in homogenous ugly new estates, but that’s unlikely to happen.
Even the Middle England in revolt wingnuts believe that council provision of traveller sites is needed.
Part of the whole issue is that Middle England gets very worked up about percieved unequal treatment: if the travellers are not held to the same legal standards of behaviour as they themselves uphold, it’s unfair. As such, they are now resorting to the HRA to protect their “traditional way of life”…
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