Gypsies and Travellers

Lord Elystan-Morgan Excerpts

Tuesday 6th March 2012 Lords Chamber

[Earl Attlee]

My Lords, I would be very surprised if the appropriate Minister does not have discussions with the relevant organisations.

[Lord Elystan-Morgan]

My Lords, is the Minister aware that about a quarter of a century ago a very distinguished High Court judge, the late Mr Justice Peter Pain, when hearing an application from a local authority in south Wales for an injunction to clear Gypsies from a lay-by said, “I will not grant this injunction because an injunction is an equitable remedy. To claim an equitable remedy you must be equitable. I will only grant the injunction to those local authorities which can show that they have taken seriously their statutory obligations in relation to Gypsies”.?

[Earl Attlee]

My Lords, the noble Lord makes an important and interesting point. It is much easier to have an unauthorised encampment removed if the local authority has already made appropriate provision.