Shamus and Roseanna McPhee
Tribunal setback for Gypsy Travellers
By Colin Turbett
Scotland’s forgotten oppressed minority – the Gypsy Traveller community, have been dealt a blow with the finding of a recent Employment tribunal in Aberdeen.
Ken McLennan, a non Traveller, who worked for the Gypsy Traveller Education and Information Project (GTEIP), was sacked last year. Ken took the GTEIP to a tribunal on the basis that he had been dismissed for activities that had upset some of the funders of the project, but which was in the interests of this ethnic minority.
The nub of his argument was that Gypsy Travellers were a recognised ethnic minority. The GTEIP, who claim to campaign for Gypsy Travellers, took the extraordinary step of arguing that as this had never been tested in a Scottish Court they had no case to answer. In other words their dismissal of Ken was legitimate because Gypsy Travellers are not an ethnic minority and should enjoy no special protection, unlike their fellows in England , Wales and Ireland.
The Employment Judge, Nicol Hosie, then
considered old dictionary definitions of Travellers and Gypsies and concluded
that Scottish Travellers were not of Romany origin and agreed that they
were not therefore an ethnic minority who should enjoy protection under
anti discriminatory race relations law.
Until now everyone concerned with Scottish Gypsy Travellers, whether in the Scottish
Parliament, or the Commission for Racial Equality, have argued publicly that
Scottish Gypsy Travellers were of the same ethnic origin as other Travellers
in the UK. All that was necessary was a test case to put this through the Scottish
Legal System, and establish it once and for all. Whilst this would in itself
not end centuries of prejudice it would at least make it easier to challenge
modern day discrimination.
Said Gypsy Traveller activist Roseanna McPhee from Bobbin Mill site in
Pitlochry:
“This
has got to be challenged, and as quickly as possible. There are reasons why after
13 years on the supply list, I cannot get a job as a Gaelic teacher. I know what
they are and they are based in discrimination pure and simple. I am not popular
because I have spoken out, and I have suffered for it.”
Her brother Shamus,
who is faced with Sheriff Officer action over an unpaid Council Tax bill
is also in no doubt about the realities of the racial prejudice he faces
daily: “They
want thousands from me for Council Tax. This is meant to be payment for services
but until now we have had none on this site – not even the basics
of water and electricity.”
Although the SNP Government in Holyrood seem to have no interest in Gypsy
Travellers and have dropped the momentum, backed by the SSP MSPs, which
began in the last Parliament, pressure must be placed on them to look
at this again. If not then the bigots such as Central Ayrshire Labour
MP Brian Donohoe, who would almost outlaw the mobile lifestyle, will
only be encouraged.