Legal Aid, Sentencing and Punishment of Offenders Bill

Baroness Turner of Camden Excerpts

Tuesday 24th January 2012 Lords Chamber

[Lord Alton of Liverpool]

My Lords, I, too, want to add my voice briefly in support of the amendments moved by the noble Lord, Lord Avebury. Perhaps it would have been surprising if anyone other than the noble Lord had moved these amendments. I was at school when the noble Lord, as Eric Lubbock, Member for Orpington in the House of Commons, moved his Gypsies and caravan sites legislation in, I think, 1967. Many of us admired the courageous way in which he has continued over the following years to raise the plight of Travellers and Gypsies in the discrimination and racism that other noble Lords have referred to in the debate.

As a young city councillor in the 1970s, I served in Liverpool on the committee which was charged with the duty of creating a caravan sites Act. The noble Lord, Lord Storey, who is in his place, will recall the controversy that that aroused at the time. But we fulfilled our statutory duties and took on the prejudice that inevitably was raised. The not-in-my-back-yard syndrome is one with which we are all familiar. Indeed, it has to be said that the presence of Travellers or Gypsies in a community can raise a number of issues, not the least of which are questions of educational provision. In the 1970s, that provision was made, and I agree with what my noble friend Lord Listowel said about the importance of providing stability of education for the children of Travellers as they progress through life.

A few months ago we saw what happens when there is an unregulated approach to these matters. At Dale Farm there was a terrible culmination in violence that involved the use of Tasers. We saw the police having to be pitted against members of the Traveller community as they were evicted from their homes. That is not a sight that most of us want to see repeated on a regular basis. But I fear that unless amendments of this sort are incorporated, and if we deny people access to justice, which was the point made by the noble Lord in his speech, all these other things will follow. They will be the corollary. If we do not provide opportunities for resolution on planning disputes and access to amenities, as well as on questions of discrimination and the others that have been raised during this brief debate, we will see more incidents like Dale Farm. For that reason, I hope that when the noble and learned Lord comes to reply, he will tell us just how many unauthorised sites there are in the country, what is the estimated shortfall of places—that will give us a barometer of how many disputes will have to be resolved in the years to come—and the cost to the public purse through legal aid of cases which have been brought before the courts over the past decade? Without knowing what the sums of money involved are, surely it would be irresponsible of us to dismiss lightly the amendments to maintain the status quo which the noble Lord, Lord Avebury, has put before us today.

I end by returning to his point about the importance of ensuring that people have access to justice. That runs all the way through the proceedings of this Bill in your Lordships’ House, and it will continue to be the question. You cannot get justice on the cheap, and groups like these should not be left on the margins, unable to access the courts.

[Baroness Turner of Camden]

My Lords, I support the case that has been made so well by the noble Lord, Lord Avebury, and my noble friend Lady Whitaker. It is well known that the Gypsy and Traveller communities are among the most vulnerable and disadvantaged communities in England and Wales in terms of health, education and discrimination. It is almost universally accepted that these disadvantages and problems would be addressed if there was adequate site provision. Of course, that does not really happen, because it looks to me as though local authorities fail to follow government guidance on encampments, to take into account human rights considerations and to follow a proper and reasonable process in relation to sites for Travellers. If Gypsies and Travellers get involved in county court and High Court planning cases without the assistance of legal aid, they will eventually end up homeless. That is surely to be avoided and a distinct worsening of the situation. It is something that we should not be prepared to countenance. I therefore hope that the Government will give due consideration to the excellent case which has been made by my noble friends with a view to accepting it. These people deserve our support and consideration.

[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.