Twentieth century policies affecting Gypsy/Traveller communities in Scotland: archival research

Executive Summary

Introduction

This report outlines the results of archival research commissioned by the Scottish Government in March 2023 and conducted to explore 20th century policies affecting Gypsy/Traveller communities in Scotland, specifically those policies that are colloquially known as the ‘Tinker Experiments’ (TE).^[1] The abbreviated aims of this research were:

• To establish a timeline of key events involved in the implementation of these policies.
• To identify any available records on key decisions made by National Government departments as well as the roles of collaborating institutions/stakeholders including Scottish local authorities and the Church of Scotland.^[2]
• To estimate the extent to which these policies were implemented.

The tender document also recognised the need for ‘high quality analysis’ which is something that was prioritised in the tender bid, as well as throughout the subsequent research process.^[3] Additionally, it was recognised in the tender document that the aims of the research would be refined and operationalised during the research process, and also that in addition to forced housing in substandard sites across Scotland, the policies under examination may have resulted in the forced removal of children from Gypsy/Traveller communities, and that evidenced instances of this should be highlighted in the subsequent report. Finally, the tender document required that this report have a clear explanation of the methods used alongside clearly articulated findings and actionable recommendations.^[4]

Clarification of the Research Aims

As previously stated, this research began with three initial aims. The research tender required an understanding of how these aims would be refined and operationalised, the results of which were the following:

1.The TE was initially thought to be a series of largely government-sanctioned and -led policies for the forced housing of Gypsy/Traveller families in substandard accommodation and on substandard sites, across Scotland that may have also resulted in the forced removal of children from Gypsy/Traveller communities. This present research uncovered clear evidence that this relationship between forced housing and forced child removal was much clearer than had been anticipated. Examples of this forced transfer of children included:

• the removal of children from their families to be placed in temporary care.
• the forced transfer of children to industrial schools,^[5] sometimes in a different geographic location to that from which they were removed; and
• the permanent removal of Gypsy/Traveller children in Scotland from their families through adoption domestically or overseas.

The archival evidence demonstrated that the TE could not therefore be analysed solely as a housing policy but rather needs to be viewed as a much wider initiative.

2. While this research locates the role of the UK national government, and specifically the Scottish Office as a primary actor in the construction and enforcement of such policies, the evidence that was discovered also demonstrated that local authorities, churches, charities, the police and the media collectively assisted in constructing the environment that permitted the TE to occur.^[6] In refining and operationalising the aims of this research, the TE cannot be decoupled from the wider environment of policies of marginalisation, discrimination and persecution that have been ongoing against Gypsy/Travellers in Scotland for centuries.

3. The archival evidence demonstrated that the institutional and societal desire to forcibly assimilate Gypsy/Travellers in Scotland extended before 1940 and continued beyond the 1980s (the suggested ‘boundary points’ for the TE that were highlighted in the original tender document written by the Scottish Government). This can be seen in state-based legislation such as the Trespass (Scotland) Act of 1865, which remains in place, and in non-state initiatives to assimilate Gypsy/Travellers in Scotland, such as the Kirk Yetholm experiment. This research also highlighted a post-1969 watershed in terms of local authority site provision for Gypsy/Travellers in Scotland. A Scotland-wide Policy of Toleration and Non-Harassment (PTNH) of Gypsy/Travellers lasted between 1977 and 2001, and this report will briefly outline the way in which this operated.

A Brief History

Gypsy/Traveller communities have been central to Scotland’s socio-political and socio-cultural landscape, featuring in written records going back to the 12^th century. It remains likely, however, that people were maintaining a nomadic lifestyle in Scotland even prior to that.^[7] For a significant part of this time there have been policies in place in Scotland that have negatively impacted Gypsy/Traveller communities. This includes the first ‘anti-Gypsy’ law in 1541 which marked the beginning of a sustained period of discrimination where Gypsy/Travellers in Scotland faced the possibility of execution and deportation. By 1783 most of this legislation had been repealed but by then it had had a significant impact on Gypsy/Traveller communities in Scotland, forcing some to assimilate and even to deny their identity for fear of persecution Subsequently new legislation was introduced that, though it did not always mention Gypsy/Travellers in Scotland specifically, nevertheless had a disproportionately large impact on Gypsy/Traveller communities in Scotland, resulting in their assimilation and forced settlement into housing projects, campsites, and caravan sites. This history shares similarities with the experiences of other nomadic peoples facing discrimination from ‘settled’ societies.

The UK Government and the Scottish Office^[8]

Following the analysis of a wealth of archival materials, clear evidence was found of three distinct forms of government activity impacting Gypsy/Traveller communities in Scotland that either directly connect to the TE or that laid the foundations for the policies associated with the TE to be able take place.

1. Legislation that directly impacted the social, economic, and cultural welfare of Gypsy/Traveller communities in Scotland:

This report specifically highlights four pieces of legislation: the Reformatory and Industrial Schools Act (Scotland) of 1854; the Trespass Scotland Act of 1865; the Children Act of 1908 and the Caravan Sites and Control of Development Act of 1960. These four pieces of legislation, though not specifically targeting nomadic peoples, nevertheless made it increasingly difficult for Gypsy/Travellers in Scotland to find legal stopping places and contributed to a hostile environment towards Gypsy/Travellers. This legislation also created the possibility that Gypsy/Traveller children could be taken from their families if they did not ‘settle’, which contributed to wider assimilation efforts.

2. National government/Scottish Office-led committees:

This report focuses on several national government/Scottish Office-led committees, namely the Departmental Committee on Habitual Offenders, Vagrants, Beggars, Inebriates and Juvenile Delinquents first convened in 1894; the Departmental Committee on Tinkers launched in 1917; and the Departmental Committee on Vagrancy in Scotland, whose report was published in 1936. This report highlights the significance of the work of these committees including evidence that the Report of the 1895 Departmental Committee on Habitual Offenders, Vagrants, Beggars, Inebriates and Juvenile Delinquents was especially significant given the recommendations that it made that were later used to guide policy and discussion. This effectively provided a mandate for key government, local authority and civil society actors to manage, and intervene in, the lives of Gypsy/Travellers in Scotland. Witness statements given to the 1895 Committee frequently used language that was dehumanising and made calls for assimilationist policies that are reflected in the Report’s final recommendations. Similar language was used in subsequent committee reports that are also evidenced here.

3. Direct public commentary on Gypsy/Traveller communities in Scotland in both Houses of Parliament.

During the research period, there was evidence uncovered of debate in the Westminster Parliament, often concerning the housing and education of Gypsy/Travellers in Scotland, with Gypsy/Travellers frequently being referred to as a ‘problem’. The sentiments expressed demonstrate that overall, the commentary in Parliament largely added to the narratives that appeared present within the legislation pre- and post-1895 rather than dissenting from it. These kinds of comments also demonstrate that policy-oriented discussion around the treatment of Gypsy/Travellers took place both within Scotland and at the UK-wide level.

The Scottish Local Authorities

This report outlines evidence that local authorities were at the heart of how policies relating to Gypsy/Travellers in Scotland were actioned, and how the experiences of the TE played out. Specifically, local authorities enacted policies that were clearly sanctioned, and that were sometimes undertaken in collaboration with, the Scottish Office. This is evidenced by the existence of policy recommendations from Committees, memos from the Secretary of State for Scotland and national government reports. At the same time, the UK government, and the Scottish Office, saw local authorities as a key stakeholder in ‘dealing’ with the issue of Gypsy/Travellers in Scotland.

Specifically, this report highlights evidence of three forms of forced and/or discriminatory housing policies used against Gypsy/Travellers in Scotland, namely:

1. Specific sites designated for the use of Gypsy/Travellers in Scotland, including the provision of an assortment of ‘built’ housing (e.g. Nissen and Nissen-type huts, repurposed military infrastructure, disused houses). These were known by government agents to be substandard including that they were frequently without amenities such as electricity and plumbing. This category also includes later purpose-built housing that was also deemed to be substandard (e.g. for reasons of over-crowding).

2. Specific sites designated for the use of Gypsy/Travellers in Scotland, but with no provision of ‘built’ housing, nor of facilities, and often located far from local amenities (e.g. council-run campsites).

3. The use of military sites, sometimes in urban areas, for emergency housing for Gypsy/Travellers in Scotland to live together with others. Such housing was again substandard (e.g. the former Castlehill Barracks in Aberdeen which is frequently referenced as ‘slum housing’) and could result in the ‘ghettoisation’ of Gypsy/Travellers, alongside other under-privileged groups.^[9]

On the basis of the research conducted for this report, and without the benefit of being able to utilise the ‘lived experiences’ of the victims/survivors of the TE (which was the remit of a second research tender that was never awarded) archival evidence strongly suggests that the provision of the previously defined ‘built’ sites (form 1) was more prevalent in the 1940s and 1950s and that the provision of substandard sites without housing (form 2) was more prevalent in the 1960s and 1970s.

Overall, this research found evidence of at least one of the three forms of forced and/or discriminatory housing policy used against Gypsy/Travellers in Scotland in twenty-seven of the thirty-two present-day council areas in Scotland. Of the remaining five, there was evidence that two council areas - Orkney and Shetland – had ‘solved’ their Traveller ‘problem’ some time ago with archival materials highlighting that Gypsy/Travellers residing there had already been housed. This suggests that there may have been policies of forced settlement in place in Orkney and Shetland at some point in the 19th and/or 20th Centuries. Further research is required to confirm this. Overall, the evidence that was found was extensive and was frequently underpinned by rhetoric reflecting the normalisation of assimilatory and dehumanising attitudes towards Gypsy/Travellers in Scotland.

The Churches

This report examines the role of churches in the TE, with a specific focus on the Church of Scotland.^[10] Our research uncovered evidence that central church institutions, individual congregations, as well as individual ministers and members of these congregations frequently acted upon their own agenda independent of government policy - although sometimes guided by or guiding it - to intervene in the lives of Gypsy/Travellers in Scotland. Specifically, church representatives spoke with landowners to secure land and approached the government and local authorities with ideas to address issues they perceived as important within Gypsy/Traveller communities, as well as those between Gypsy/Traveller communities and the wider ‘settled’ population. This research also found evidence of instances when church representatives contributed their opinions to governmental enquiries and worked with local authorities to ensure that certain policies were undertaken.

In looking at the actions of particular denominations, the report highlights the central role that the Church of Scotland (CoS) played in establishing schemes, often framed as ‘experimental’ and undertaken through child welfare and housing projects, to initiate the assimilation of Gypsy/Traveller communities into settled society. The report findings demonstrate that the CoS was involved in assimilatory housing and child welfare programmes for Gypsy/Travellers at both the national and local levels in Scotland. This includes the Kirk Yetholm Experiment which was the first example of a housing ‘experiment’ involving Gypsy/Travellers in Scotland. As evidenced in this report, the Church of Scotland’s continuous engagement with Gypsy/Travellers throughout the 20^th Century played a significant role in creating the social situation faced by Gypsy/Traveller communities in Scotland during that time.

The Charities

This research examined the work of multiple charities - including the Royal Society for the Protection of Cruelty to Children (RSPCC), the Aberlour Trust, Barnardo’s and Quarriers. Each of these charities had their primary focus as child welfare, and each charity played a slightly different role while operating in Scotland during the timeframe that is the focus of this report. Across the range of material that we examined we found evidence of child removal, and of subsequent placement in industrial schools and in military training ships. There was also evidence to suggest that Gypsy/Traveller children in Scotland were over-represented in child welfare institutions, and the research team also found evidence of Gypsy/Traveller children in care. We know that Barnardos and Quarriers had child migration programmes, but without the names of individual children, or records displaying the identities of Gypsy/Traveller children, we could not confirm their passage overseas. This is a fruitful area for further research, and we would also note the work already being carried out by researchers in this area.

The Police

The evidence collated for this report suggests that the police played a multi-faceted role in 20^th century policies impacting Gypsy/Traveller communities in Scotland. They upheld the legislation that the national government put in place, enforced local authority byelaws, and acted as key informants for the national government (Scottish Office) and local authorities in the surveillance of Gypsy/Traveller communities. There are two key roles that the police played that we would specifically highlight.

1. There were numerous instances within the archival materials of police visiting and monitoring Gypsy/Traveller sites, mobility, and educational provision.

2. The police played a significant role, backed by the legislation, in the enforcement of Gypsy/Traveller sites in Scotland, often being the primary actor to implement the closure of ‘unauthorised’ sites and the subsequent removal of Gypsy/Traveller families to other locales.

Additionally, evidence was also found of police representatives who gave evidence, and other opinion, including that which appeared to support the idea of separating Gypsy/Traveller children from their parents.

Conclusion & Key Findings

This report marks the first time that the Scottish Government as a devolved institution has sought archival evidence on 20th century policies specifically affecting Gypsy/Traveller communities in Scotland. The evidence presented in this report on the policies, events, and actions that led to, and implemented, the ‘TE’, and how they were actualised, is only a fraction of the evidence that exists in archives across Scotland, and outside of it. Moreover, of the extensive range of archival materials that were gathered and analysed in reaching the conclusions of this report, only a fraction are specifically quoted here given the need to keep this report to a manageable length.

Most significantly, this report is based on archival research and so does not include the lived experiences of Gypsy/Travellers in Scotland, whose voices are essential to establishing a full picture of the TE. This report does, however, establish a mandate for future research into the historical persecution of Gypsy/Travellers in Scotland. In the end, it must be recognised that no archive can represent a single experience, and no history can be told through a single narrative, especially for such a diverse set of communities living in virtually every part of Scotland today. This report therefore cannot purport to be representative of everything that occurred, but rather is the beginning of qualifying why and how the ‘TE’ took place.

This research locates three significant patterns that answer these latter questions: the unequivocal dehumanisation of Gypsy/Travellers in Scotland, especially in being categorised as a people that collectively practiced a backwards or undeveloped way of life; the practice of systematic control, primarily by government-based key stakeholders, in forcibly segregating, surveilling, and/or managing the everyday actions of Gypsy/Travellers; and the forced assimilation of Gypsy/Travellers into the wider settled population of Scotland. On this latter point, the connection between the forced assimilation of minority and Indigenous peoples and cultural genocide is one that has been gaining wider traction amongst both legal and academic scholarship, with even some governments going so far as to admit this connection themselves. In the case of the ‘TE’ and their intent to erode the collective cultural practices and identity of Gypsy/Travellers, there is need to consider, and to explain, that the context within which the TE occurred is best understood as cultural genocide.

“The tinkers are the forgotten people of Scotland. Although as a race, or a mixture of races, they form an ancient part of our society, their way of life is so alien from that of the overwhelming majority that they have in effect been ostracised from society. The very word ‘tinker’ is derogatory, they prefer to be called the travelling people…

… In the past tinkers have been treated as a caste, all of whom should either be neglected or forced to conform. The road to a solution of the problem and to happier times for those who want to help is to treat them as individual families. Families who are anxious to preserve the traditional itinerant ways must be allowed to do so. Those who are sunk in the listless degradation of permanent camps must be given a chance of housing and regular employment. Otherwise they will remain refugees in their own land.”

The Scotsman, Saturday 30 December,1967^[11]