5 Mr. Deasy asked the Minister for the Environment and Local Government if he will introduce statutory measures to control the movement of Travellers, especially convoys of caravans; and if he will make a statement on the matter. [31213/01]
Under the Housing (Traveller Accommodation) Act, 1998, a local authority has powers to remove an unauthorised Traveller encampment from a public place where it is located within five miles of an approved halting site, provided alternative accommodation is available on an approved site to which the unauthorised encampment can be moved. Subject to the same proviso regarding available alternative accommodation, there is also a general power for a local authority to remove an unauthorised encampment from a public place where this is unfit for human habitation or is likely to interfere with public or private amenities or constitutes a health hazard.
Where an unauthorised Traveller encampment is located in a public place within one mile of approved Traveller accommodation, it may be removed to a location which is not less than one mile from such approved accommodation, irrespective of whether alternative accommodation is available. These measures were designed to give assurance that areas in which official Traveller accommodation is provided should not become a focus for illegal encampments.
These legislative measures may not have fully anticipated the type of large scale movement of Travellers referred to in the question and which have raised concerns in recent years. Nonetheless, local authorities should use to the full their existing powers under the 1998 legislation, together with the range of powers they already enjoy under, in particular, litter, waste management and road traffic legislation, to secure abatement of the nuisance presented by large scale illegal encampments. I am pressing local authorities to use the powers available to them, and I am also examining the extent to which the existing legislation might usefully be amended.
The recent incidents of unauthorised encampments, in some cases by Travellers who have accommodation available to them, appear to raise issues wider than accommodation matters proper to the Housing Acts, such as issues of public order, intimidation and trespass. I have taken up this matter with my colleague, the Minister for Justice, Equality and Law Reform, with a view to exploring whether this type of incident may require to be dealt with on a broader front. He has referred these issues to the monitoring committee on the implementation of the 1995 report of the task force on the Travelling community, which in turn has set up a sub-group consisting of representatives of my Department, the Department of Justice, Equality and Law Reform, the social partners and Traveller organisations to examine the issue. Its terms of reference are to produce by a consensus approach a report on the issue of trespass by Traveller encampments and to advise what can be done to minimise the negative impact of large scale movements of Traveller groups. This examination will also extend to the adequacy of the existing range of powers available to deal with such incidents, including enforcement issues, and any changes to such powers which may be considered necessary.
I have tabled Questions Nos. 56 and 59 which embrace the same subject as this question. I do not wish to be at odds with the Minister of State but the position is chaotic. I have no doubt the problem is largely due to the fact that almost no local authority is providing sufficient transient sites. Does the Minister of State agree with that? This is the nub of the problem. I would like to see statutory controls introduced making it necessary for local authorities to provide the requisite number of transient sites for Travellers. Is there any hope that might be done?
This is the third occasion we have discussed this issue on Question Time. On both the previous occasions, I outlined my concern at the failure of local authorities throughout the country to provide transient sites. I indicated that, until local authorities provide transient sites, there is little likelihood of them succeeding in court applications when a judge has nowhere to which he can order the people concerned to move their caravans. This is a major omission on the part of many local authorities in adopting their programmes for accommodation for Travellers as they are required to do by statute. Thirty out of the 35 or so submissions made by local authorities indicated they would provide transient sites. I am concerned that, so far, only three local authorities have transient sites available. One of them is in my constituency and I am, therefore, familiar with the success of having a transient site.
The problem which arose this summer where huge numbers came to Dublin and adjoining counties and parked in enormous numbers, sometimes up to 600 people and more than 100 caravans, is something which was not anticipated by anyone during the debate on the Traveller accommodation legislation in 1998. As I have indicated in my reply, I am examining the legal position, as is the Minister for Justice, Equality and Law Reform, to see if new powers to remove unauthorised encampments should be brought forward.
In the meantime, I have had discussions with the greater Dublin local authorities regarding the provisions of transient sites. There was a major gathering of elected members and officials in this regard. We will be in touch with them again and there will be follow-up on the discussions we have had. In the greater Dublin area I am seeking that all the local authorities proceed together to provide transient sites in their areas. There appears to be a fear that, if one local authority goes ahead and the others do not, there will be an attraction for Travellers to go to that county, resulting in considerable illegal parking.
We are tackling the issue. There is a statutory requirement on each local authority. They have not been as active as I would have wished them to be. I have urged them on several occasions to be more active in this regard, most recently in a circular which issued on 1 November and in the face-to-face meeting with the Dublin local authorities.
A brief final supplementary question from Deputy Deasy.
This is a major issue.
In fairness to other Deputies who have submitted questions, we must live within the six minute rule.
This is a burning issue and it will eventually explode. Action will be taken when there are fatalities or serious injuries.
A question, please.
The Minister knows local authorities are not doing what he has asked them to do. He will have to legislate to force them to do it. I have seen people very annoyed about this.
As we have gone well beyond the time for this question, we are moving on to Question No. 6 in the name of Deputy Sargent.
In my own town last summer there was a gathering of 60 caravans. Why can the Minister not control that?
Why does the Deputy not design a halting site in Waterford?
