Vol. 538 No. 5
151 Mr. B. Smith asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to concern about the illegal parking of vans and caravans on private property, mostly by people involved in commercial trading, where in some instances access was hindered to places of business and schools; the proposals he has to deal with these problems; if compensation is available where damage occurred; and if he will make a statement on the matter. [18466/01]
152 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the number of prosecutions taken under section 2 of the Prohibition of Forceable Entry and Occupation Act, 1971, in each of the past five years; if he has received any representations requesting action in this regard; the number of successful and unsuccessful prosecutions; and if he will make a statement on the matter. [18467/01]
153 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the number of successful and unsuccessful prosecutions taken under section 3 of the Prohibition of Forceable Entry and Occupation Act, 1971; if he has received any requests for action under this legislation; and if he will make a statement on the matter. [18468/01]
I propose to take Questions Nos. 151 to 153, inclusive, together.
I am informed by the Garda authorities that where caravans and vans are parked illegally on the public highway appropriate action, including prosecution is taken by the Garda. Such prosecutions are taken for alleged breaches of the Road Traffic Acts, 1961, as amended.
Where caravans and vans are parked illegally on private or public owned lands it is a civil matter and, for the most part, falls to be addressed by means of civil remedy. The question of compensation is then a matter for the courts.
I should state that there are circumstances where trespass may also be dealt with under the criminal law. It is an offence under the Criminal Justice (Public Order) Act, 1994, 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.
Moreover, 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. Where offences under the criminal law are detected, including relevant road traffic provisions, appropriate action, including prosecution, is taken by the Garda Síochána. I am informed by the Garda authorities that there have been no prosecutions for breaches of sections 2 and 3 of the Prohibition of Forcible Entry and Occupation Act, 1971, in respect of the years 1995 to 1999, inclusive. Statistics for 2000 have not yet been published.
