Legal Aid for Gypsies and Travellers
The Petition of the Community Law Partnership on behalf of Gypsies and Travellers,
Declares that the Legal Aid, Sentencing and Punishment of Offenders Bill, if brought into force, will have disastrous effects on the provision of advice and representation to Gypsies and Travellers on accommodation issues. Gypsies and Travellers are one of the most disadvantaged groups in the United Kingdom. The Bill denies them access to the legal advice and assistance which is available to any other group. It is due to the failures of successive central and local governments to ensure adequate site provision that some 25% of the Gypsy and Traveller population who live in caravans are on unauthorised encampments and unauthorised developments. This is through no fault of their own.
The Petitioners therefore request that the House of Commons urges the Government to ensure that legal aid in the Legal Aid, Sentencing and Punishment of Offenders Bill is available for Gypsies and Travellers to defend evictions from unauthorised encampments and to be advised and represented in the County Court and High Court planning matters.
And the Petitioners remain, etc.—[Presented by Jeremy Corbyn, Official Report, 14 November 2011; Vol. 535, c. 664.]
[P000982]
Observations from the Secretary of State for Justice:
The Government recognise that the Community Law Partnership is concerned about the potential impact on Gypsies and Travellers of the Legal Aid, Sentencing and Punishment of Offenders Bill.
Under the Bill, legal aid will generally continue to be available for any person facing repossession or eviction from a property or site where they are residing. Advice and representation will therefore continue to be available for planning matters in the County Court and High Court where that matter might result in the individual being legally required to leave their home or the land on which their home is situated.
However, the Government do not believe that providing legal aid funding for possession and eviction matters is a justifiable use of taxpayers’ money where the individual entered, and has remained on, the property or site as a trespasser.
Legal aid will also be retained for most judicial reviews.
The Government consider that the Bill’s proposed changes to the provision of legal aid are necessary and proportionate to the Government’s objective of targeting legal aid to those who need it most whilst achieving a more affordable legal aid system.
In addition, the Government are encouraging local authorities to provide an appropriate number of Traveller sites that reflect local and historic demand. Work is also under way to explore incentives for site provision and innovative ways to fund and maintain traveller sites.