Vol. 536 No. 5
329 Dr. Upton asked the Minister for Justice, Equality and Law Reform the steps he will be taking against groups illegally camping on private land and demanding money to move on; and if he will consider a system of licensing caravans to tackle this problem. [14973/01]
The present legal position in relation to trespass on land is that it is a civil wrong and for the most part falls to be addressed by means of civil remedy. Nevertheless, the Garda Síochána is empowered to investigate criminal behaviour associated with such trespass, including extortion. The Criminal Justice (Public Order) Act, 1994, can be used to deal with persons who demand money from property owners to end the trespass. The Prohibition of Forcible Entry and Occupation Act, 1971, 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.
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. The Garda Síochána has the 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 Garda Síochána.
Where offences under the criminal law are detected, including relevant road traffic provisions, appropriate action, including prosecution, is taken by the Garda Síochána. In relation to the Deputy's proposal that I should consider a system of licensing caravans, I have no statutory responsibility in relation to vehicle licensing. While I have no proposals to change the law in relation to trespass, my Department will continue to keep the matter under ongoing review.
