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Dáil Éireann díospóireacht -
Thursday, 16 May 1991

Vol. 408 No. 6

Adjournment Debate. - Parking of Travellers' Vehicles.

I raise this matter with a certain amount of frustration — and indeed anger — because I have to demand some kind of action from the Minister by way of legislation or regulation. I do not know whether responsibility lies with the Minister for the Environment or with the Minister for Justice, they are probably equally responsible.

Cork Corporation have, over the last number of years, fulfilled their obligations to travellers. I have been a member of the sub-committee for travellers for 11 years and in less than that time we have housed approximately 100 travellers in corporation houses in our area. We have also implemented a policy of providing four halting sites in the city boundary. Needless to say, discussions with residents groups have been long, protracted and bitter as the location of halting sites is a very emotional issue. Nevertheless we persevered and with the goodwill of many residents' groups and community associations we established the fact that four areas of the city would take a halting site each to cater for 40 families who were on our register at that time.

Three of those halting sites are now up and running and a fourth is at the planning stage. However, that is only the beginning of our problems because, while we have built three halting sites, there is now indiscriminate parking of caravans and trailers along city roads or on corporation property off the roads, about which the Garda apparently can do nothing. We obtained a prohibition order but it appears that this is not worth the paper it is written on. The officials of Cork Corporation are frustrated. They reported the matter to the Garda who have told them that they are powerless to act because they are not a hindrance to traffic as they are on public property.

What is needed to resolve this major problem once and for all is legislation which the local authorities will be able to implement rapidly. Approximately one month ago to clear space of ground in Cork city on which travellers had parked their caravans was cleared but last night the occupants of ten caravans filled in the trenches dug the night before in the presence of members of the Garda Síochána to prevent illegal parking. They are now parked in that property.

This is a very serious matter for us in Cork city. I have written to Ministers and to the city manager who has informed me that he can do very little under the present legislation except go to court to obtain an injunction but this takes up a lot of time and money. However, at the end of the day the Supreme Court have ruled that unless another halting site is available people cannot be moved on. We are bound by that ruling.

I maintain that Cork Corporation have met their obligations and have provided sites. It would appear however that Cork is a soft touch for traders and travellers, who arrive in convoys in Cork city. They can do what they like. They can park and trade where they like and create a huge mess. Residents' associations have pleaded with me to raise this matter at national level. I ask the Minister of State to contact his party colleagues in the area who I am sure would tell them the same story. I demand that the Minister of State give a commitment to introduce some legislation to prevent the indiscriminate parking of caravans in local authority areas.

I would like to take this opportunity to place on the record of the House my role, the role of the Minister for Justice and the role of the Garda Síochána in relation to the parking of vehicles by members of the travelling community and others who travel from town to town offering various goods for sale, primarily during the summer months.

It is quite simply this: if a person, whether a member of the travelling community or otherwise, commits a parking offence such as parking in a dangerous manner; parking in a place prohibited, parking in an obstructive manner etc., it is a matter for the Garda to enforce the law in the same way, as they do when any other breach of the parking or traffic laws is detected by them. However, in order for a parking offence to be committed, the person or people concerned, must have parked on a public roadway, which has been so designated by a road authority. I must make it absolutely clear to the House, that no breach of the parking regulations, or indeed any other road traffic related regulations, or by-laws, occurs unless the vehicles in question, are parked on a public road. In the circumstances, vehicles parked on a piece of ground, which is owned either by a private citizen, a public organisation such as a local authority, health board, IDA etc., are not committing any offences, under the parking laws or regulations. Needless to say, when no offence is committed, the Garda do not, or cannot act.

The question of removing alleged trespassers from property is a civil matter, and as such it is open to the owner of the property, to seek the intervention of the courts, to obtain an injunction against the alleged trespassers. In any event, this being a civil matter it is outside my remit and the remit of the Garda. I understand that in some cases, owners of property have obtained injunctions against trespassers. The serving of injunction papers or other court documents is also a matter for the property owner, or his agent and again, the Garda have no function or role in the matter, however, I have been assured by the Garda authorities that if requested, gardaí will attend the scene, to prevent breaches of the peace, or the commission of any other criminal offence, which could arise. I have to reiterate that the Garda have no function beyond this. For example, they cannot intervene to force trespassers to leave property, even though the courts have ordered the trespassers to quit.

That is the broad picture in relation to parking of caravans, and other vehicles by members of the travelling community.

As regards the specific situation in Cork — I do not intend to communicate with my party colleagues as I do not doubt the Deputy's sincerity and bona fides in raising the matter — the Garda authorities have advised me that at present a total of 79 caravans owned by members of the travelling community are parked in the precincts of Cork city, none of which is parked on a public road. For the reasons I have outlined the Garda cannot act against these nor indeed do they have any function in relation to them. I also understand that in the case of 44 caravans parked on property owned by Cork Corporation, the corporation have instituted court proceedings, to have them removed. As I have indicated, neither I nor the Garda have a function in relation to any aspect of these matters and in any event I am precluded from commenting on a matter which is the subject of court proceedings.

I share the frustration of the Deputy and that of many other Deputies who are charged with the responsibility under various Acts of providing proper accommodation for the travelling community. I have made a detailed submission with special recommendations to the Minister for the Environment. I have asked him to consider introducing some kind of registration system which may preclude the kind of people we are talking of from travelling from place to place. I am not sure if this is feasible under the law but the matter is being considered by the Minister. I trust that this adequately explains the situation with regard to the entire legal process for the Members of the House.

The Dáil adjourned at 5.20 p.m. until 2.30 p.m. on Tuesday, 21 May 1991.

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