A Scottish judge has ordered an Irish traveller family to vacate a site in Edinburgh that has been designated for a new £100 million national art gallery. The ruling by Lady Tait stated that the couple and their 11 children have "no right or entitlement to occupy" the land at Waterfront Avenue.
In her judgment, Lady Tait stated that the "importance and urgency of the petitioners' objectives outweigh the severity" of the eviction, deeming it a proportionate measure. The Scottish Ministers had sought a court order to compel the family and any associated "itinerant workers" to remove themselves, their three caravans, and all belongings from the site and to prevent their return.
The family's legal representatives argued that removing them without a "culturally appropriate" alternative site would violate their rights under the European Convention on Human Rights, specifically articles eight and 14, concerning the right to a family life and non-discrimination. They also contended that the eviction would infringe upon the children's rights under the United Nations Convention on the Rights of the Child Act 2024.
However, Lady Tait concluded that while the travellers' human rights were engaged, the interference was justified. She wrote that "there is no less intrusive measure than eviction" and that the children's rights would not be unlawfully infringed by the eviction given the circumstances. She added that it was not in the best interests of the children to remain on the site, citing concerns about their safety, lack of basic sanitation, and the insecure nature of the occupied site where they had to go outside for toilets at night.
The Art Works, the planned £100 million venue, is intended for North Edinburgh as part of a wider regeneration project. It aims to display approximately 130,000 works from the National Galleries of Scotland that are typically in storage. The project has received £8.5 million in National Lottery funding.
During the court proceedings, it was noted that there are no available traveller sites within the Edinburgh area. The court heard that the family had struggled to find safe sites and had experienced racism. The father of the family also mentioned that the lack of waste collection at the Granton site necessitated burning household waste, though he clarified they did not burn tires, vehicles, or PVC for copper cabling. The court acknowledged that "occasional campfires" are central to traveller culture.
Lady Tait concluded that Edinburgh City Council has an obligation to provide support to the family following their eviction. The family was ordered to leave the site with immediate effect.