Vol. 534 No. 5
205 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform if he has satisfied himself that the existing law on trespass adequately protects owners and neighbours from the invasion of vacant property by persons without authorisation and the conduct thereon of activities contrary to public health and amenity; and if he will make a statement on the matter. [11300/01]
The legal position in relation to trespass is that it is a civil wrong and, for the most part, falls to be addressed by means of civil remedy. In that context, the usual remedy which an aggrieved property owner will seek is that of injunction. It is also the case that because trespass to land is actionable per se, it is not necessary to show damage in order to succeed although, if monetary damages are part of the remedy sought, it would be expected that appreciable loss would be proven.
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, including its vicinity with intent to commit an offence. 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 the 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. Any alleged breach of the criminal law in this respect should be reported to the Garda Síochána for investigation with a view to a criminal prosecution.
While I have no proposals to change the law in this area, my Department will continue to keep it under review.
Question No. 206 answered with Question No. 8.
