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Dáil Éireann díospóireacht -
Wednesday, 15 Nov 2000

Vol. 526 No. 1

Written Answers. - Trespass Laws.

Andrew Boylan

Ceist:

248 Mr. Boylan asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the growing problem of travelling groups taking over private land to park their mobile homes and living vans for long and short-term parking without permission from the land owner; if he has satisfied himself that the laws are sufficient to prevent this trespassing; and if not when he will amend the present laws to safeguard private property. [26039/00]

The present legal position in relation to trespass on land 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.

Trespass may also be dealt with under the criminal law in certain circumstances and the criminal law provisions dealing with this matter include a range of offences under the Prohibition of Forcible Entry and Occupation Act, 1971, and the Criminal Justice (Public Order) Act, 1994.

While I have no proposals to change the law in this area, my Department will continue to keep it under review.

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