Dáil Éireann debate -
Wednesday, 8 Nov 2000

Vol. 525 No. 3

Written Answers. - Parking Regulations.

Austin Deasy

Question:

139 Mr. Deasy asked the Minister for the Environment and Local Government the persons who have the power to move on travellers who are illegally parked and behaving in a socially undesirable manner; if it is the responsibility of the Garda, the health boards or the local authorities; and if he will give clear guidelines in this regard in view of the fact it is causing considerable problems. [24832/00]

Minister of State at the Department of the Environment and Local Government (Mr. Molloy)

My main function in relation to travellers is to ensure that there is an adequate legislative and financial framework within which local authorities, voluntary bodies and travellers may provide for or be assisted in the provision or management of accommodation for travellers. Local authorities are now in the process of implementing their local accommodation programmes as required under the Housing (Traveller Accommodation) Act, 1998. The increased provision of accommodation resulting from the implementation of the programmes should diminish the incidence of unauthorised traveller encampments around the country.

Section 32 of the Housing (Traveller Accommodation) Act, 1998, provides local authorities with new and improved powers to deal with the incidents of unauthorised traveller encampments on public land and on the roadside. Briefly, section 32 empowers local authorities to act where an unauthorised temporary dwelling is within five miles of a serviced site provided by any housing authority or voluntary body with the assistance of a housing authority, an unauthorised temporary dwelling is in poor condition or interferes with amenities or is likely to be a risk to personal or public health or safety, an unauthorised temporary dwelling is within one mile of any traveller accommodation provided by the housing authority or approved voluntary body. The purpose of these provisions is to protect residents in traveller accommodation and those resident in the vicinity of that accommodation. Guidelines have issued to local authorities in relation to these provisions.

There are other powers available to local authorities such as those available under the planning Acts in relation to unauthorised development and under the Local Government (Sanitary Services) Act, 1948, in relation to the prohibition of temporary dwellings in certain areas. Controls under environmental, litter, public health legislation and the legislation relating to the control of dogs and horses are also available to local authorities to deal with unacceptable behaviour which may arise from the use of temporary dwellings. A local authority's powers to make by-laws in relation to the use of temporary dwellings under the Local Government (Sanitary Services) Act, 1948, have been strengthened under the Local Government Act, 1994.

Under the roads Acts vehicles must not be parked in a manner which interferes with the normal flow of traffic or which obstructs or endangers other traffic. The Road Traffic Act, 1961, expressly prohibits the parking of a vehicle in a dangerous manner. Enforcement of these provisions is generally a matter for the Garda Síochána.