John Ellis
Question:158 Mr. Ellis asked the Minister for Justice, Equality and Law Reform the rights of farmers to prevent trespass on their lands; and the action that should be taken by the gardaí where such trespass is reported. [3299/01]
Written Answers. - Criminal Prosecutions.
The legal position in relation to trespass is that it is a civil wrong and, for the most part, falls to be addressed by means of civil remedy. In that context, the usual remedy which an aggrieved landowner will seek is that of an injunction. It is also the case that because trespass to land is actionable per se, it is not necessary to show damage in order to succeed although, if monetary damages are part of the remedy sought, it would be expected that appreciable loss would be proven.
In certain situations, trespass may be dealt with under the criminal law. The criminal law provisions dealing with trespass include a range of offences under the Prohibition of Forcible Entry and Occupation Act, 1971, and the Criminal Justice (Public Order) Act, 1994. The 1971 Act makes it an offence for a person to forcibly enter land, to remain in forcible occupation or to encourage or advocate the commission of an offence of forcible entry or occupation. The 1994 Act makes it an offence for a person to enter any building or part of it, including its vicinity, with intent to commit an offence. It is also an offence for any person to trespass on any such place in such manner as causes or is likely to cause fear in another person, and the gardaí have power to direct a person to desist from acting in such a manner and/or to leave immediately the vicinity of the place concerned in a peaceable or orderly manner. It is an offence for any person to fail to comply with such a direction from the Gardaí.
Any alleged breach of the criminal law in this respect should be reported to the Garda Síochána for investigation with a view to a criminal prosecution.