Mr. Hammond: To ask the Parliamentary Secretary, Department for Constitutional Affairs (1) what the total cost to public funds of
providing legal advice, assistance and support in relation to planning applications and appeals in respect of Traveller encampments
was in the last period for which figures are available; [216647]
(2) in how many legal cases no longer before the courts and involving a Traveller or a group of Travellers appealing against a
decision by a local planning authority the Community Law Partnership has given advice. [219514]
Mrs. Spelman: To ask the Parliamentary Secretary, Department for Constitutional Affairs (1) what the eligibility requirements for
legal aid are for (a) Travellers and (b) home owners; [219917]
(2) what support the Legal Services Commission (LSC) provides to Travellers; and how much the LSC has spent on such support in each
of the last five years; [219918]
(3) how many full-time equivalent staff in his Department deal with issues relating to Travellers; [219949]
(4) pursuant to the answer of 7 February 2005, Official Report, column 1296W, whether the Travellers' legal helpline provides
advice in relation to (a) eviction actions and (b) planning enforcement actions; [220172]
(5) pursuant to the answer of 7 February 2005, Official Report, column 1296W, on Traveller sites, when the Government began
funding the Community Law Partnership to provide legal support to Travellers; and how much funding was provided in each year.
[220187]
Mr. Lammy: It is not possible to identify individual grants of legal aid to Gypsies and Travellers in some categories of law because
we do not collect information to indicate whether clients are from these ethnic groups or follow any particular lifestyle.
The Community Law Partnership has held a contract with the LSC to provide publicly funded services since January 2000. It has held a
contract with the LSC since April 2002 to provide telephone advice to Gypsies and Travellers on housing matters, including eviction
and planning enforcement actions. Its grants have been as follows.
_________________________________________________________________________________________________.
£
April 2002-March 2003 131,675
April 2003-March 2004 131,675
April 2004-March 2005 50,000
_________________________________________________________________________________________________.
In addition, Legal Help, which provides for basic advice and assistance on questions of English law including, planning applications
and appeals, is available subject to satisfying the statutory tests of the applicant's means and the merits of the case. The LSC
does not hold data on how much Legal Help is awarded to Gypsies and Travellers.
Legal Representation at planning applications and appeals is generally outside the scope of legal aid. However, since April 2000,
funding can be made available in exceptional cases under section 6(8)(b) of the Access to Justice Act 1999, when the relevant
criteria are satisfied, for example, where the case concerns the applicant's home. This protects the applicant's fundamental rights
and ensures a fair hearing. It is not possible to give a precise figure for total costs but, since April 2000, a maximum of £45,000
plus VAT (excluding Legal Help costs) has been spent on planning applications in relation to Traveller encampments. The costs over
the last five years break down as follows.
_________________________________________________________________________________________________.
£
April 2001-March 2002 14,600 plus VAT
April 2002-March 2003 7,000 plus VAT
April 2003-March 2004 0
April 2004-March 2005 23,644 plus VAT
_________________________________________________________________________________________________.
According to our records, legal aid has been granted to the Community Law Partnership for representation in 16 such cases. We do not
know whether all these cases have concluded.
The Ormiston Children and Families Trust and the Fenland Citizens Advice Bureau has received a Partnership Initiative Budget grant
to pilot the provision of information and advice services on social welfare law specifically to Gypsies and Travellers in
Cambridgeshire. LSC funding amounted to £5,050 in 2003-04 and £17,200 so far in 2004-05.
The eligibility criteria for legal aid for Gypsies and Travellers are the same as for other individuals in England and Wales.
Allowances are given within the financial eligibility tests for civil legal aid to disregard equity held in a homeowner's principal
home up to a limit of £100,000, in addition to payments for a mortgage of up to £100,000.
No member of staff at the Department for Constitutional Affairs deals solely with issues relating to Travellers.