A report prepared by Carta Developers for the Gypsy Council has identified that much of the legal underpinning for the proposed £18.5 million eviction operation against Dale Farm in Essex - the UK's largest Travellers’ community - may be flawed.
Residents at Dale Farm this week discovered that on 10 of the 54 properties they have a right to operate a scrap-yard. This means bailiffs Constant & Co., who are expected to be contracted at a cost of £3.5 million to bulldoze these homes cannot legally remove existing hard standing and fencing.
According to the Report the same situation applies to as many as 48 of the properties as enforcement notices issued by Basildon Borough Council are either flawed or have already been declared void by the Secretary of State for Communities and Local Government in 2003.
This leaves Basildon Council and the present Secretary of State for Communities and Local Government, as well as the Home Office - which has agreed to fund policing of the eviction - in an embarrassing situation, the Carta Report reveals. They have planned and are financing an eviction operation which appears to lack legal foundation.
The Gypsy Council expects to raise the issue on Thursday 16 June at 5pm at a meeting chaired by Lord Avebury in Committee Room 4, Houses of Parliament, with members of the All Party Parliamentary Group on Gypsies and Travellers, and with representatives of the Department of Communities and Local Government.
Notes for Editors/Background
Basildon Council proposes to take action against Dale Farm under section 178 of the Town and Country Planning Act ('TCPA'). The Council has sought and obtained grants from Central Government of about £6 million and proposes to make about £12 million of Basildon Council's money available to fund eviction of half of the estate.
On 1 June the Gypsy Council and Dale Farm Housing Association forwarded a draft report to Basildon Council and ministers in an attempt to secure consensus as to what the Council could take planning enforcement action against at Dale Farm.
The report identifies that in 2003 the then-Secretary of State said that it was lawful to stand caravans at Dale Farm, use the land for the deposit of hardcore and road scalpings and that use of certain areas of the land was formally lawful. The Secretary of State determined that notices 4 and 8 issued by the Council in 2002 were nullified, and that notice 6 issued by the Council should be modified.
Reissue of the enforcement notices first issued by the Council would have enabled the owners and occupiers of Dale Farm to identify that the site was a former scrap yard, and that the majority of the land was covered in concrete when they purchased it in around 2001. The Council failed to reissue notices and denied the travellers a right of appeal to the Secretary of State.
The report identifies that Basildon Council has been proposing to take enforcement action against Dale Farm for the last five years yet has failed to examine its own notices to determine if it actually has the right to do so.
s178 TCPA only allows a council to take enforcement action if it actually has enforcement notices. The Carta Report identifies that Basildon does not have enforcement notices which could enable it to take enforcement action against most of the Dale Farm properties.
s178 TCPA raises significant issues for the Gypsy and Traveller community. Under s178 a Council, if it claims to have enforcement notice, is able to clear land, and determine what costs are reasonable to secure clearance. Local authorities are able to act in this way without supervision.
Dale Farm is the latest example of a council seeking to use powers against the Gypsy and Traveller community, which in reality it does not have. This has involved significant resources to fund clearance of land without supervision being obtained. This time Government ministers have made funds available to clear a site despite having previously determined that the Council's acts would be illegal.
Grattan Puxon, secretary of the DFHA, said, "Issue of an enforcement notice by a council is the same as imposing a mortgage deed on a property. The council is able to foreclose on the mortgage and claim the land without any supervision. We have asked the Council and ministers to identify why they have made about £18 million available to foreclose on enforcement notices that don't exist to evict Travellers from their own land."
"This is a serious matter and we would have expected the Council to have ensured that it actually had mortgage deeds against the land before seeking to dispossess people of their land. The residents find it amazing that government ministers will make millions of pounds available based on lobbying by a council leader and a local MP."
Candy Sheridan vice chair of the Gypsy Council stated: "Dale Farm is the latest example of a council seeking to foreclose on mortgages that don't exist against Gypsies. We have sought to obtain clarification from both government and Basildon Council as to why they have acted in this way. They have failed to reply and we are raising the issue with Parliament. We have examples of other councils that have foreclosed on mortgage deeds that don't exist, and in one case the Council unreasonably stopped Gypsies clearing the site so that they could claim a mortgage and dispossess them of their land. The same Council obtained £200,000 as a grant from Communities and Local Government in 2009 and has not spent the money. It refuses to identify how the funds can be accessed to address pressing needs in the district, that have caused avoidable hardship."
Dale Farm raises major issues for the government as it unambiguously shows that mortgages claimed by Councils need to be better regulated. It shows that Councils will seek to use non-existent mortgages to engage in harassment of people.
Contacts:
Candy Sheridan, vice-chair of the Gypsy Council 0789 9723177
Grattan Puxon, secretary, Dale Farm Residents Association 01206 523528
A copy of the Carta Report can be obtained from Grattan Puxon.
Tuesday, 14 June 2011
Thursday, 9 June 2011
Iraqi Refugees On Hunger Strike
24 Iraqi refugees held in a detention centre in Oxford have started a hunger strike to protest against the government’s plans to deport them to Baghdad. More than 70 people are currently being held in detention centres around the country. Officials from the Iraqi government are currently visiting them to confirm their identities so that they can be deported, as part of an agreement between the two governments.
The majority of the detainees have refused to meet with the officials in protest at their role in the deportations.
A statement from the group, which consists of Kurdish and Iraqi refugees, says:
"Some of us don’t have any homes or nowhere to go in Iraq. If we were returned we would be left to survive for ourselves on the streets with nothing, which isn’t. Some of us don’t even know if our family members are alive or dead because we haven’t had any contact with them for a long time.
While we have been in England, for all different amounts of times, we have lived here safely and got on with our lives. We have family and friends here. Being parted from them at this time is very hard and stressful for both sides. Some of us are engaged or married, and have wives here in England. We also have children here, some of us more than one. Some of our wives are expecting babies. They need to be together as families.
Everyone has the right to be able to live in a safe country. It is not right if we are returned to Iraq. Our lives would be ended."
Dashty Jamal from the International Federation of Iraqi Refugees says:
"the UK government is responsible for the tragedy in Iraq. They are playing politics with the lives of Iraqi refugees. They are making a deal with the despotic Iraqi regime, which the Iraqi people are currently rising up against, to send people back."
There will be a demonstration outside the Iraqi Parliament in Sulaymania on Sunday 12th June to protest against the deportations.
For more information about how to support the campaign against deportations to Baghdad please go to: http://www.federationifir.com/english/En.file/camping%20against%20deport%20to%20iraq.html
The majority of the detainees have refused to meet with the officials in protest at their role in the deportations.
A statement from the group, which consists of Kurdish and Iraqi refugees, says:
"Some of us don’t have any homes or nowhere to go in Iraq. If we were returned we would be left to survive for ourselves on the streets with nothing, which isn’t. Some of us don’t even know if our family members are alive or dead because we haven’t had any contact with them for a long time.
While we have been in England, for all different amounts of times, we have lived here safely and got on with our lives. We have family and friends here. Being parted from them at this time is very hard and stressful for both sides. Some of us are engaged or married, and have wives here in England. We also have children here, some of us more than one. Some of our wives are expecting babies. They need to be together as families.
Everyone has the right to be able to live in a safe country. It is not right if we are returned to Iraq. Our lives would be ended."
Dashty Jamal from the International Federation of Iraqi Refugees says:
"the UK government is responsible for the tragedy in Iraq. They are playing politics with the lives of Iraqi refugees. They are making a deal with the despotic Iraqi regime, which the Iraqi people are currently rising up against, to send people back."
There will be a demonstration outside the Iraqi Parliament in Sulaymania on Sunday 12th June to protest against the deportations.
For more information about how to support the campaign against deportations to Baghdad please go to: http://www.federationifir.com/english/En.file/camping%20against%20deport%20to%20iraq.html
Tuesday, 7 June 2011
Demo At Barnado's Head Office
On June 6th 2011, activists visited Barnado's HQ in Barkingside Essex to protest against their involvement with the UK Border Agency. Campaigners gave out leaflets informing Barnado's staff of the work that Barnados will be doing at the soon-to-be-opened "pre-departure accommodation facility" near Gatwick and urging them to express their concerns about this to Barnado's management.
On June 6th 2011, activists visited Barnado's HQ in Barkingside Essex to protest against their involvement with the UK Border Agency. Campaigners gave out leaflets informing Barnado's staff of the work that Barnados will be doing at the soon-to-be-opened "pre-departure accommodation facility" near Gatwick and urging them to express their concerns about this to Barnado's management.
Barnardo's is the UK's largest children's charity. The protesters wanted to raise awareness among Barnardo's' customers about the charity's controversial new involvement with the UK Border Agency (UKBA). Barnardo's has accepted a government contract to run a creche at the soon-to-be-opened "pre-departure accommodation facility" near Gatwick. This is essentially a prison where asylum-seeking families with children will be detained pending a deportation attempt by the UKBA. The security at the prison will be done by G4 Securicor - the notorious firm involved in the deadly deportation of Jimmy Mubenga in October 2010.
The government are claiming to have ended child detention, and introduced a new “compassionate approach to family removals”. Barnardos' support for this process adds a veneer of respectability to the government's deception. Indeed, at the planning application meeting for the new prison, councilors said any concerns they had about the welfare of the children were reassured by Barnardos' involvement.
The protest was greeted by Barnado's' Press Team who attempted to explain away Barnado's' involvement in this new facility, claiming that they were trying to make the best out of a bad situation.
Protests against Barnado's will continue...
[Repost]
On June 6th 2011, activists visited Barnado's HQ in Barkingside Essex to protest against their involvement with the UK Border Agency. Campaigners gave out leaflets informing Barnado's staff of the work that Barnados will be doing at the soon-to-be-opened "pre-departure accommodation facility" near Gatwick and urging them to express their concerns about this to Barnado's management.
Barnardo's is the UK's largest children's charity. The protesters wanted to raise awareness among Barnardo's' customers about the charity's controversial new involvement with the UK Border Agency (UKBA). Barnardo's has accepted a government contract to run a creche at the soon-to-be-opened "pre-departure accommodation facility" near Gatwick. This is essentially a prison where asylum-seeking families with children will be detained pending a deportation attempt by the UKBA. The security at the prison will be done by G4 Securicor - the notorious firm involved in the deadly deportation of Jimmy Mubenga in October 2010.
The government are claiming to have ended child detention, and introduced a new “compassionate approach to family removals”. Barnardos' support for this process adds a veneer of respectability to the government's deception. Indeed, at the planning application meeting for the new prison, councilors said any concerns they had about the welfare of the children were reassured by Barnardos' involvement.
The protest was greeted by Barnado's' Press Team who attempted to explain away Barnado's' involvement in this new facility, claiming that they were trying to make the best out of a bad situation.
Protests against Barnado's will continue...
[Repost]
Tuesday, 31 May 2011
Trouble At Brook House IRC
On Friday evening 27th May at approximately 19:30 a group of 22 to 25 detainees began a protest at the continued holding in segregation of two detainees. According to one detainee, riot police were brought into the removal centre and at 05:30 hours on Saturday morning, 22 to 25 detainees were removed from association.
It is not known if they are still @ Brook House IRC or have been transferred to any of the immigration prisons, that is those removal centres managed by the Prison Service, Morton Hall, Lindholme, Haslar or Dover IRCs.
[http://www.freemovement.org.uk/]
It is not known if they are still @ Brook House IRC or have been transferred to any of the immigration prisons, that is those removal centres managed by the Prison Service, Morton Hall, Lindholme, Haslar or Dover IRCs.
[http://www.freemovement.org.uk/]
Wednesday, 25 May 2011
Support Clara Osagiede
RMT Representative Assaulted And Suspended
Don't Let Initial Get Away With Attacking The Right Of Underground Cleaners To Organise!
Demo this Thursday, 10am, outside the hearing at the Initial Office, 13-27 Brunswick Place, London, N1 6DX (2 mins from Old St station)
Clara Osagiede is an RMT representative employed by Initial Cleaning Services on London Underground. On 4th March 2011 Clara witnessed members being forced to clean graffiti off a tube train in the 'acid shed' at Hainault Depot. Aware that the staff involved had no appropriate training to carry out what could be a very hazardous task she raised concerns with the manager on duty who told her it was none of her business and to get out of his office.
Clara explained she was a Health and Safety rep and that it was her business. The manager became aggressive and shoved her out of the office, slamming a door behind her. She reported the incident to other management and to British Transport Police. The manager was suspended but not for long. A few days later Clara reported for work to find the manager back at work without due internal processes being completed. Terrified she withdrew to a safe place of work locking herself in an office. Clara is now suspended for standing up for vulnerable workers being made to undertake dangerous duties in the acid shed for which they are not trained.
Please come and show support outside the disciplinary hearing this Thursday. Bring banners, placards and noisemakers!
Don't Let Initial Get Away With Attacking The Right Of Underground Cleaners To Organise!
Demo this Thursday, 10am, outside the hearing at the Initial Office, 13-27 Brunswick Place, London, N1 6DX (2 mins from Old St station)
Clara Osagiede is an RMT representative employed by Initial Cleaning Services on London Underground. On 4th March 2011 Clara witnessed members being forced to clean graffiti off a tube train in the 'acid shed' at Hainault Depot. Aware that the staff involved had no appropriate training to carry out what could be a very hazardous task she raised concerns with the manager on duty who told her it was none of her business and to get out of his office.
Clara explained she was a Health and Safety rep and that it was her business. The manager became aggressive and shoved her out of the office, slamming a door behind her. She reported the incident to other management and to British Transport Police. The manager was suspended but not for long. A few days later Clara reported for work to find the manager back at work without due internal processes being completed. Terrified she withdrew to a safe place of work locking herself in an office. Clara is now suspended for standing up for vulnerable workers being made to undertake dangerous duties in the acid shed for which they are not trained.
Please come and show support outside the disciplinary hearing this Thursday. Bring banners, placards and noisemakers!
Monday, 23 May 2011
Dale Farm Eviction Will Be Resisted
The residents of Dale Farm are living on land that they have bought. Travellers throughout the country were encouraged to buy land to live on after the requirement for local authorities to provide caravan sites was removed. But cruelly when they did this voices were raised to ensure that planning permission was not granted. So generations, from babies to grannies, live 'illegally' on their own land with all the uncertainties and dangers that implies.
It is claimed that they are encroaching on green belt land. This might be what appears on maps. But the truth is that prior to the community buying and settling on this land it was a scrap metal yard! The local council and the objectors know this perfectly well. Behind the smokescreen of planning rules and green belt land lies a blatant racism. Basildon Council has not formally replied to the planning applications for alternative mobile-home sites put forward by the Gypsy Council - that could be provided on government agency land at a far lower cost than this act of ethnic cleansing. It is clear that the Tories want Travellers out of Basildon district at whatever cost in human misery and tax payers' money.
On the strength of this dishonesty and bigotry, and despite pleas from the UN, Council of Europe and Amnesty International, the Tory leader of Basildon District Council trumpets the need to "Uphold the Rule of Law". He has committed £8 million pounds of council reserves to the eviction. Up to another £10 million could be spent by Essex police in assisting with the eviction.
The Council has commissioned private bailiffs Constant & Co to carry out the eviction, a company known for its brutal treatment of Traveller families during move-on operations around the country.
The residents of Dale Farm have asked supporters to establish a camp, Camp Constant, to help stop the destruction of their homes.
No Passaran!
Friday, 20 May 2011
UK Retailer Backs Campaign To End Immigration Controls
Ethical cosmetics company Lush is dedicating all of its 95 UK stores to promoting the cause of open borders and freedom of movement for all, from Friday 20th-Friday 27th May 2011.
Customers will be given a free NOII newspaper and invited to sign the No One Is Illegal Declaration:
… and make a donation to help publicise it.
Lush have produced 50,000 copies of the 4-page tabloid newspaper, and a special passport that any human being can issue to any other human being.
The passport affirms that its owner is a human being, and not an alien (or a corporate entity, or a figment of some racist’s imagination), and should be treated like one.
We hope to test the passport at a national border somewhere in the London area during the next few days.
[Repost]
Customers will be given a free NOII newspaper and invited to sign the No One Is Illegal Declaration:
“People should be free to live and work wherever they wish,
and enjoy all the same rights as all other residents.
No One Is Illegal.”
… and make a donation to help publicise it.
Lush have produced 50,000 copies of the 4-page tabloid newspaper, and a special passport that any human being can issue to any other human being.
The passport affirms that its owner is a human being, and not an alien (or a corporate entity, or a figment of some racist’s imagination), and should be treated like one.
We hope to test the passport at a national border somewhere in the London area during the next few days.
[Repost]
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