Agenda item

The Council had before it a report by the Director of Housing and Environment which sought agreement on the principle of attempting to establish a byelaw to prevent camping on sensitive areas, such as public parks, and on the draft wording of the offence to be created thereby.

The report recommended:-

that the Council -

(a)              agree the wording of the draft proposed byelaw offence contained within the report; and

(b)              request the Convener of Housing and Environment to write to the Scottish Government to seek Ministerial approval for byelaws creating such an offence. 

Councillor Townson moved as a procedural motion, seconded by Councillor McCaig:-

That Standing Order 22(1) be suspended to enable the Council to undertake an exercise to identify suitable short term halting sites, in addition to those already being proposed and being worked on, with a capacity for no more than ten caravans each, and to discuss additional sites with Aberdeenshire Council. 

On a division, there voted:-

For the procedural motion  (15)  -  Councillors Blackman, Cameron, Corall, Cormie, Dickson, Jackie Dunbar, Jaffrey, Kiddie, MacGregor, McCaig, May, Noble, Samarai, Sandy Stuart and Townson.

Against the procedural motion  (28)  -  Lord Provost; Depute Provost; and Councillors Allan, Boulton, Carle, Cooney, Crockett, Delaney, Donnelly, Lesley Dunbar, Finlayson, Forsyth, Graham, Grant, Greig, Len Ironside CBE, Laing, Lawrence, Malik, Malone, Milne, Jean Morrison MBE, Nathan Morrison, Jennifer Stewart, Taylor, Thomson, Young and Yuill. 

The Council resolved:-

to reject the procedural motion. 

Councillor Crockett moved, seconded by Councillor Donnelly:-

That the Council approve the recommendations contained within the report subject to the Leader of the Council writing to the Scottish Government rather than the Convener of Housing and Environment. 

Councillor Townson moved as an amendment, seconded by Councillor McCaig:-

That the Council take no action in respect of the proposed byelaw and instruct officers to continue to work on establishing suitable short term halting sites within Aberdeen, including consulting appropriate stakeholder groups and Aberdeenshire Council.  This will allow Police Scotland without fear or favour to apply the provisions of the Trespass (Scotland) Act 1865 across the city of Aberdeen having specific regard to Gypsy/Travellers and in accordance with guidance issued by the Lord Advocate of Scotland, namely a general presumption against prosecution of Gypsy/Travellers setting up unauthorised encampments, such prosecution only being considered:-

·        when a suitable alternative stopping place has been identified by Aberdeen City Council and Gypsy/Travellers have refused to relocate within a reasonable time; or

·        where use of a particular site by Gypsy/Travellers, or excessive size of the encampment, causes a severe road safety or public health hazard; or

·        where the same Gypsy/Travellers have been repeatedly evicted from a site by Aberdeen City Council and return after a short time.

On a division, there voted:-

For the motion  (28)  -  Lord Provost; Depute Provost; and Councillors Allan, Boulton, Carle, Cooney, Crockett, Delaney, Donnelly, Lesley Dunbar, Finlayson, Forsyth, Graham, Grant, Greig, Len Ironside CBE, Laing, Lawrence, Malik, Malone, Milne, Jean Morrison MBE, Nathan Morrison, Jennifer Stewart, Taylor, Thomson, Young and Yuill. 

For the amendment  (15)  -  Councillors Blackman, Cameron, Corall, Cormie, Dickson, Jackie Dunbar, Jaffrey, Kiddie, MacGregor, McCaig, May, Noble, Samarai, Sandy Stuart and Townson.

The Council further resolved:-

to adopt the motion.