Lord Elystan-Morgan
Main Page: Lord Elystan-Morgan (Crossbench - Life peer)Department Debates - View all Lord Elystan-Morgan's debates with the Department for Transport
(12 years, 9 months ago)
Lords ChamberMy Lords, I would be very surprised if the appropriate Minister does not have discussions with the relevant organisations.
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”.?
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.