Irish traveller family can be evicted from site earmarked for new £100m home for Scotland's national art collections, judge rules

An Irish traveller family have been ordered to leave their home 'immediately' after the site was earmarked for a £100million Scottish art gallery.A couple and their 11 children were told they have 'no right or entitlement to occupy' the area, at Waterfront Avenue in Edinburgh.In a court ruling this week, Judge Lady Tait said 'the importance and urgency of the petitioners' objectives outweigh the severity'.It comes as lawyers for the government had sought an order from the nation's highest civil court for the removal of the family, who live at the site in three caravans.They requested a ruling that would compel the 'occupants to remove themselves, their caravans and all other goods from the site' and prevent the family from re-entering.Lady Tait heard how the family – and a number of 'itinerant workers' who live nearby – have 'no right or entitlement to occupy the site'. But the family's lawyers argued removing them without providing a 'culturally appropriate' alternative would breach their rights under articles eight and 14 of the European Convention of Human Rights – the rights to a family life and the right to not be lawfully discriminated against.They also argued that it would breach the children of the family's rights under the United Nations Convention on the Rights of the Child Act 2024. An Irish traveller family have been ordered to leave their home 'immediately' after the site was earmarked for a £100million Scottish art gallery. A mock-up of the site is pictured The Art Works is a major £100 million venue which is planned for North Edinburgh and is part of a wider regeneration of the areaThe father of the family said he and his loved ones had 'struggled' throughout their entire lives to find safe sites to stay on and had encountered racismRichard Pugh KC, for the family, told Lady Tait any decision made by the court would not only have to consider the rights of the ministers to take possession of the land – but would also have to take consideration of the family's right under human rights laws.However, in a judgment issued on Thursday, Lady Tait ruled in favour of the Scottish Ministers. She acknowledged the human rights of the travellers were engaged by the proposed eviction but concluded interference in their rights was justified and proportionate.She wrote: 'I conclude that there is no less intrusive measure than eviction and that the importance and urgency of the petitioners' objectives outweigh the severity.'In the circumstances of the present proceedings in which an order is sought for recovery of possession of the site, it cannot be said that any interference with the children's rights under Article 16 would be arbitrary or unlawful.'Having then regard to the children's rights under the UNCRC, I conclude that there is no less intrusive measure than eviction and that the importance and urgency of the petitioners' objectives outweigh the severity of the effect of the eviction.'The Art Works is a major £100million venue which is planned for North Edinburgh and is part of a wider regeneration of the area. A mock-up of the inside of the gallery is pictured. In a judgment issued on Thursday, Lady Tait ruled in favour of the Scottish Ministers She concluded Edinburgh City Council had an obligation to provide support to the family following eviction The national art collection scheme has also been awarded £8.5million pounds of national lottery fundingIt will allow visitors to see approximately 130,000 works of art which are usually kept in storage by the National Galleries of Scotland.The scheme has also been awarded £8.5million of National Lottery funding.In recent months, locals have complained about the traveller site at the proposed development.The under-fire father of the family said there was no waste collection at the Granton site and this left them with no other choice but to burn household waste. He said they didn't burn any tyres, vehicles or any 'PVC to get copper cabling'.The court heard the family did have 'occasional campfires' which are 'central to traveller culture'.It also heard there are no traveller sites with spaces in the Edinburgh area.Summarising the family's evidence, Lady Tait wrote: 'The police have not spoken to the family about the children having weapons. If the children do wrong, the respondent deals with it.'However, she said the needs of the Scottish Government to recover the land were legitimate.She concluded Edinburgh City Council had an obligation to provide support to the family following eviction.Lady Tait wrote it was not in the best interests of the children to remain at the site.She added: 'The children do not have access to basic sanitation. Their current living arrangements give rise to concerns for their safety as they live on an insecure site, occupied by an itinerant community, and they require to go outside for the toilet at night.'Lady Tait concluded the family should leave the site with 'immediate effect'.