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Dáil Éireann debate -
Tuesday, 22 Oct 1991

Vol. 411 No. 4

Adjournment Debate. - Caravan Parking Controls.

A Cheann Comhairle, I thank you sincerely for allowing me the opportunity of giving expression to this important matter. I ask that one minute of my time be given to Deputy Sherlock.

Is that satisfactory? Agreed.

I rise to give expression to the anger and concern of elements in the community, local authorities and others, on the growing volume, and absolute explosion, in the number of caravans, mobile homes, vans and so on, that can congregate on public roadways and on some private and public property.

The tragedy is that, heretofore, people who lived in caravans were in need of rehousing but this is no longer the case. Many of those on the roads at present have left houses and others are adequately housed. To demonstrate the reckless and irresponsible nature of some of those people I will refer to two incidents which occurred in my area recently. A week ago eight or nine luxurious mobile homes invaded the CIE property and took up residence there, seriously inconveniencing bus passengers. They ignored pleadings from the company officials and the local authority until an injunction was secured. When the injunction was granted they moved to the precincts of a local housing estate.

Four weeks previously there was a huge invasion of a football playing pitch by a substantial number of people with caravans, jeeps, trucks and so on. Again they refused to answer any appeals to go and after about a week or ten days an injunction was successful in having them removed. They left behind a trail of damage and destruction costing the landlords concerned in the region of £3,000 to restore the grounds. It is clear that many of these people believe they are above the law. Unless we urgently introduce some adequate control the interests of the community and the local authorities will not be protected.

It is well known that local authorities have become involved in huge amounts of expense nowadays to preserve car parking facilities and amenity areas close to towns and cities from being invaded by these people, so that they can be used by the general public. The actions of these travelling people in the main are irresponsible and reckless and we should introduce legislation to provide realistic control in a situation that is rapidly getting out of hand.

The outcome of the High Court action was that neither local authorities nor the Garda could move such people in the absence of halting sites. However, it is impossible to provide halting sites for the volume of travellers on the road today. The provision of halting sites depends to a major extent on the goodwill and co-operation of local communities. This co-operation was there before the High Court action. Great progress was made by every housing authority in housing these people. We have now gone into reverse and we will require legislation to ensure that local authorities and the Garda can provide security and safety so that people for whom they are responsible can have confidence in them.

I thank Deputy Moynihan for giving me the opportunity to speak on this issue which is a major problem in Cork as well as in Kerry, particularly in the north Cork area where we have had it for all of this year. It is not easy for the local authority to implement by-laws because of the court's insistence that an alternative site must be made available. I would ask the Minister to set up an agency to take this matter out of the hands of the local authority. The problem at the end of the day must be resolved by the provision of halting sites. It would be difficult for the local authority to provide halting sites because of pressures brought to bear on them. Even though a 100 per cent grant is available from the Department of the Environment to the local authorities halting sites are not being provided in most areas and therefore we have this major problem. The transient families, the smaller groups, are not a great problem and that problem could be resolved easily enough but the larger groups who are travelling and trading in a big way are causing this great problem and we should make every effort to help to resolve it.

I can assure the House, that where breaches of the law, such as the illegal parking of caravans or mobile homes, come to notice, they are dealt with appropriately by the Garda. It is a matter for the Garda to enforce the law in such cases in the same way, as they do, when any other breach of parking or traffic law, is detected by them. I should explain, that in order for a parking offence to be committed, the person or people concerned, must have parked on a public roadway which has been so designated by a local authority. No breach of the parking regulations, or indeed any other road-traffic-related regulations, or by-laws occurs unless the vehicles in question are parked on a public road. Vehicles parked on a piece of ground, which is either privately owned or used by a public organisation such as a local authority, health board, IDA etc., are not committing any offences, under the parking laws or regulations.

The question of removing caravans or mobile homes, from private property is a civil matter and as such, it would not be open to the Garda to intervene. In such circumstances, it would be open to the owner of the property, to seek a court injunction, to have the trespassers removed. The serving of court injunctions or other court documents, is also a matter for the owner of the property, or his agent, and the Garda have no function in the matter. However, I understand that, if requested, the Garda will attend the scene to prevent breaches of the peace, or the commission of any other criminal offence, which could arise.

As I have already said the enforcement of the law, in relation to the parking of caravans and mobile homes is a matter for the Garda. However, I should finally add that any question of change in the law controlling such parking would be a matter for my colleague the Minister for the Environment.

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