Dáil Éireann debate -
Tuesday, 4 Dec 2001

Vol. 545 No. 4

Written Answers. - Traveller Community.

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

The legal position in relation to trespass, including trespass arising from unauthorised encampments, is that it is a civil wrong and, for the most part, falls to be addressed by means of civil remedy. In broad terms, that civil wrong may be defined as consisting of intentionally or negligently entering or remaining on, or directly causing anything to come into contact with, land in the possession of another without lawful justification.

In certain circumstances trespass may be dealt with under 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, or 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 a building, or part of it, as a trespasser, or to be in its vicinity for the purpose of trespassing thereon in circumstances giving rise to the reasonable inference that such entry or presence was with intent to commit an offence or to unlawfully interfere with any property situated there. 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 Garda has 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.

It is important to understand that the problem of trespass by Traveller encampments is one that involves complex social and cultural issues and is not an issue which can be dealt with by the law acting in isolation. As Minister for Justice, Equality and Law Reform, I have responsibility both to ensure that public order is maintained and to ensure that Travellers receive equality of treatment taking into account their way of life. The Minister for the Environment and Local Government has an important role to play in relation to the issue that is at the heart of the Deputy's question, that is the responsibility that is on each local authority under the Housing (Traveller Accommodation) Act, 1998, to have regard for the need for transient sites, as identified in its assessment of need, in preparing its Traveller accommodation programme.

In June 1998, I established a committee to monitor and co-ordinate the implementation of the recommendations of the task force on the Traveller community. The committee, which is chaired by my Department, is representative of Traveller interests, social partners and relevant Government Departments. At my request the issue of trespass by Traveller dealers and traders was discussed at the meeting of the committee in October last, and a subgroup of the committee has now been established to consider the matter more closely. This subgroup has already had one meeting and is due to meet again this week. I will keep the matter under review, in particular in the light of the outcome of the committee's consideration of the matter.