Calls are mounting in the United Kingdom to adopt an approach similar to Ireland's to combat a significant rise in unauthorized traveler encampments. This proposed solution, dubbed the 'Irish Option,' advocates for making trespass a criminal offense, a move proponents believe would empower police to intervene more rapidly than the current civil enforcement system allows.
Official figures indicate that in January, there were 4,950 caravans on land without planning permission, marking a 73% increase over the past five years. Locals frequently report these encampments to the police, but councils are often left to navigate lengthy legal processes to clear them.
Conservative housing spokesman Sir James Cleverly supports a measure that would criminalize trespass for two or more individuals arriving on land with a vehicle and refusing to leave when requested by the landowner. He argues this would create a substantial deterrent against trespass, placing "law-breaking travelers" at risk of criminal prosecution.
Previous efforts to address the issue by the Boris Johnson administration, which made setting up illegal camps a crime punishable by up to three months in prison, were struck down by the High Court in 2024. The court ruled the law unlawfully discriminated against travelers under the European Convention on Human Rights (ECHR). Sir James has suggested that a future Conservative government would circumvent such legal challenges by withdrawing from the ECHR, noting that similar laws in Ireland have withstood judicial scrutiny.
This debate arises as concerns are raised about recent changes to national planning laws. Critics contend that updates to the National Planning Policy Framework may inadvertently ease the establishment of new unauthorized camps. Specifically, references to "long-distance travelling" and "potential environmental damage" were removed from the final version of the policy published on August 17. Additionally, a sentence about ensuring traveler sites are not "isolated from the rest of the community" and a suggestion that "locations not well-related to existing settlements may be appropriate" were also omitted. An accompanying report stated these changes were made to ensure traveler site proposals are considered consistently with other development types, including in relation to flood risk and environmental quality.
However, the Ministry of Housing, Communities & Local Government denies these claims, stating that the reforms clarify and strengthen the planning framework by giving greater weight to intentional breaches of planning rules. They assert that the reforms have not weakened environmental protections and that changes merely removed duplications, not safeguards.
The Ministry also claims the reforms have strengthened rules on intentional unauthorized development by directing councils to give "substantial weight" to whether a site was built without permission when considering retrospective applications.
While these political and legislative discussions continue, some travelers argue they have little choice but to operate outside the law due to difficulties in obtaining planning permission. Cliff Codona, who leads the National Travellers' Action Group, claims that planning applications are often immediately halted upon learning the applicant is a "gypsy."
Traveler groups have also voiced opposition to criminalizing trespass, arguing it criminalizes their nomadic way of life. A government spokesperson stated that the government is cracking down on illegal sites, providing councils with strong powers to tackle trespassing, and that their new planning rules explicitly address potential environmental damage and transport impacts, making it harder to gain retrospective permission for developments built without approval.