Legal Aid, Sentencing and Punishment of Offenders Bill

Baroness Lister of Burtersett Excerpts

Tuesday 24th January 2012 Lords Chamber

[Lord Elystan-Morgan]

My Lords, I find myself in total agreement with everything that has been said so far by all noble Lords who have spoken to this amendment. The arguments have been put fully, lucidly and with great force, and certainly do not need me to underline them. However, I would say two things. Many years ago, I felt that there was an equitable balance between the interests of Travellers and those of the community at large, a balance which had been brought about by the legislation for which the noble Lord, Lord Avebury, fought so valiantly over the years. It was necessary under that legislation for local authorities to provide certain basic facilities for Travellers. That balance was maintained by a flagship judgment by the late Mr Justice Peter Pain, a most humane and pioneering judge, who said to a county council in Wales: “You are seeking injunction to remove these Travellers from a lay-by whose freehold is vested in your good selves. On the other hand, you have, I think in a cavalier way, done nothing at all to implement the obligations which were placed upon you to provide for Travellers. An injunction is an equitable remedy. I exercise my judicial discretion not to grant it until I am convinced that you, too, will carry out your statutory obligation”. Unfortunately, the law has now been changed and that balance no longer remains, which makes this group of amendments all the more relevant.

The other thing that I would say, as one who exercised a family jurisdiction for some years, is how obvious it was to me that insecurity ate like acid into the lives of children of Traveller families, particularly in the context of education.

[Baroness Lister of Burtersett]

My Lords, I support the amendments. I was a member of the National Equality Panel, and one of the most shocking of our findings was the degree of educational disadvantage among Gypsy and Traveller communities. Reading the very helpful briefing that we have had from Community Law Partnership reminded me of the importance of this. A number of noble Lords have made the point about educational disadvantage and children’s need for education and security. Of course, access to justice is that much more important for a community which suffers high levels of illiteracy and educational disadvantage. As Community Law Partnership points out, we are talking about some very complex areas of law. I therefore hope that the Minister will look sympathetically on the amendments, which would protect one of the most vulnerable minority-ethnic groups in this country.

[Lord Pannick]

When the Minister comes to reply, will he clarify how these provisions will operate? Notwithstanding the provisions that are being debated today, is it the case that Gypsies and Travellers will remain entitled to seek legal aid to challenge acts or omissions of public authorities under paragraph 17 of the judicial review, and remain entitled to challenge under paragraph 20, which relates to convention rights, in the same way as other litigants? Is it the case that the provisions we are debating will not prevent Gypsies and Travellers claiming legal aid if they have proper grounds for contending that they are not trespassers? I would be grateful if the Minister would clarify those matters, because they have a considerable bearing on the fairness of the provisions that are under challenge through these amendments.