Dáil Éireann Debate, Wednesday - 26 April 2023
127. Deputy Niall Collins asked the Minister for Justice his plans, if any, to review and update the laws around trespass given the matters raised in correspondence (details supplied); and if he will make a statement on the matter. [19619/23]
View answerTrespass is a civil wrong and, for the most part, falls to be addressed by means of a civil remedy. Trespass may be dealt with under criminal law in certain circumstances and a range of offences are provided for in legislation.
There is already robust legislation in place in relation to trespass and I have, therefore, no plans to change the law in this regard, but the situation will be kept under review. For the Deputy's information, outlined below are a variety of legal provisions in place with regard to trespass:
• The Criminal Justice (Public Order) Act 1994, as amended, contains provisions specifically relating to the unauthorised entry onto and occupation of land. Part IIA of that Act, comprising sections 19A to 19H, as inserted by the Housing (Miscellaneous Provisions) Act 2002, provides for offences in relation to illegal trespass and occupation of land. Such land includes public land provided or maintained by a statutory body or held in trust primarily for the enjoyment of the public and land covered by water. The legislation empowers the Garda Síochána to direct trespassers to leave the land concerned and remove any object belonging to them from the occupied land. A person who is guilty of an offence under this Part of the Act is liable on summary conviction to a fine of up to €4,000 or a term of imprisonment of up to one month, or both.
• Trespass in relation to buildings, as well as land, is also dealt with in the 1994 Act. Section 11 of the Act provides that it is an offence for a person to enter a building or the vicinity of a building as a trespasser with the intention of committing an offence or interfering with property. A person who is guilty of an offence under this section is liable on summary conviction to a fine of up to €2,500 or imprisonment for a term of up to 6 months, or both.
• In addition, section 13(1) of the same Act provides that it is an offence for a person, without reasonable excuse, to trespass on a building or in the vicinity of a building in such a manner as causes or is likely to cause fear in another person. Section 13(2) empowers the Garda Síochána to request the person concerned to desist from acting in such a manner and to immediately leave the place concerned in a peaceable and orderly manner. It is an offence not to comply with a direction given by a member of the Garda Síochána under section 13(2). A person who is guilty of an offence under section 13(1) is liable on summary conviction to a fine of up to €2,500 or imprisonment for a term of up to 12 months, or both. A person who is guilty of an offence under section 13(2) is liable on summary conviction to a fine of up to €1,000 or imprisonment for a term of up to 6 months, or both.
• The Prohibition of Forcible Entry and Occupation Act 1971 also contains provisions relating to trespass. Under this Act it is an offence to forcibly enter land, including buildings, or remain in forceful occupation, or to encourage or advocate the commission of such an offence. A person guilty of a first offence under the Act is liable on summary conviction to a fine of up to €500 or imprisonment for a term of up to 6 months, or both. A second or subsequent offence under the Act is punishable, on summary conviction, by a fine of up to €1,000 or imprisonment for term of up to 12 months, or both. Conviction on indictment for an offence under the Act can result in a fine of up to €5,000 or a prison term of up to 3 years, or both.
I am advised by the Garda authorities that all incidents of trespass reported to the Gardaí are subject to thorough investigation and receive the utmost attention.
In relation to specific claims of trespassing raised by the Deputy, I sought information from An Garda Síochána regarding such incidents of and was informed that there have been four incidents of trespassing reported in the Newcastle West Area in the twelve month up to March 2023, with only one of these incidents refers to hunting. It was noted that none of these reported incidents refer to the Ardagh area.
Everyone has the right to feel safe in their local communities and such acts to undermine people’s safety will not be tolerated. I am very conscious of the impact that such criminality can have on the quality of life for local communities and am assured that all incidents to the Gardaí are subject to thorough investigation and receive the utmost attention.
The vision of the Government’s ‘Rural Safety Plan 2022 – 2024’ is for people and communities in rural Ireland to feel safe and be safe in their homes, their places of work, and their local environments. The Plan brings together and strengthens all of the various strands of work being carried out in relation to rural safety, and enforces the importance that is rightfully placed on the welfare of rural Irish communities. The Plan identifies 5 main priorities in relation to rural safety:
• Community Safety
• Burglary and Theft
• Roads Policing
• Animal Crime
• Heritage Crime
My Department convened a meeting on 13 February 2023 between National Parks and Wildlife Services, An Garda Síochána and members from the Irish Farmers Association and the Irish Creamery Milk Suppliers Association to discuss arising issues in relation to rural safety such as trespassing and illegal hunting. Arising from this meeting my Department are now examining the possibility of holding a public campaign to raise awareness and educate the public on what can be done in situations of trespassing and illegal hunting and to contact An Garda Síochána in such circumstances.
