Written Answers. - Departmental Legislation.

Olivia Mitchell

Question:

917 Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform if he will have considerations made into changing the law in respect of trespass in order that the cost and responsibility of establishing the right of occupation falls on the trespasser rather than on the land owner. [20064/00]

As a general principle, there are always certain matters which a plaintiff must establish if he or she is to be successful in any court action which they may take and actions which relate to trespass do not differ from any other in that regard. Equally, while the matter of costs is always within the court's discretion, and costs would not always be awarded against an unsuccessful party, it is again a general principle that costs follow the event. It is not my intention, at this time, to intervene by way of legislation to disturb these well established principles.