Ethnic Status
A court decision must be made on recognition as a racial group under the Race Relations Act 1976. Race relations legislation is reserved to UK Government.
Case law in England has ruled that Roma and Irish Travellers are protected by the 1976 Act. However, no Scottish test case has ever established that Scottish Gypsies/Travellers are a racial or ethnic group for the purposes of the Act.
Although for the purposes of GB race legislation other Gypsy/Traveller communities (such as Scottish Travellers and Scottish Gypsies) are not recognised as racial or ethnic groups, the Scottish Executive treats them as such, and acknowledges that all Gypsy/Traveller communities have specific requirements and require the same level of protection from discrimination and abuse in common with all of Scotland's minority ethnic communities. However it is outwith our remit to recognise Gypsies/Travellers as racial or ethnic groups within equal opportunities legislation, which is reserved.
Scottish (devolved) public bodies have a statutory duty to promote race equality. Key public bodies, including the Scottish Executive, Communities Scotland, local authorities and the police, were also required to publish a Race Equality Scheme. Race Equality Schemes must set out, among other things, their arrangements around consultation, impact assessment, ethnic monitoring and training staff in connection with the statutory duties. Along with many other public bodies, the Scottish Executive will publish a new Race Equality Scheme in November 2005.
The Scottish Executive's 'One Scotland' anti racism and awareness raising campaign website includes information about Gypsies/Travellers in Scotland - including a number of stories from Gypsies/Travellers themselves under "Tell Your Story"- as does the Young Scot sub-site.
The next phase of the campaign will include a focus on Gypsies/Travellers i.e. a radio advert and editorial material in print media.