Written Answers. - Traveller Accommodation.
Alan Shatter
Ceist:
846
Mr. Shatter
asked the
Minister for Justice, Equality and Law Reform
if his attention has been drawn to the fact that substantial disruption has been caused to various communities in Dublin during the summer months by Travellers establishing unofficial halting sites on both public and private lands; and if he will introduce legislation to provide for a new offence of criminal trespass to facilitate An Garda Síochána in addressing this issue.
[22309/01]
Alan Shatter
Ceist:
931
Mr. Shatter
asked the
Minister for Justice, Equality and Law Reform
if his attention has been drawn to the fact that substantial disruption has been caused to various communities in Dublin during the summer months by Travellers establishing unofficial halting sites on both public and private lands; and if he will introduce legislation to provide for a new offence of criminal trespass to facilitate an Garda Síochána addressing this issue.
[22279/01]
Olivia Mitchell
Ceist:
940
Ms O. Mitchell
asked the
Minister for Justice, Equality and Law Reform
his views on whether there is a need for a change in the trespass laws following the numerous instances this summer of illegal occupation of both public and private land.
[22350/01]
I propose to take Questions Nos. 846, 931 and 940 together.
I am aware of the problems to which the Deputies refer and I sympathise with the communities which have been adversely affected. I would like to emphasise at the outset that Traveller organisations themselves deplore the anti-social behaviour of some groups of Travellers because such behaviour damages the reputation of all Travellers.
In the interests of clarity I will outline the current legal position in relation to trespass. Trespass 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.
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. "Forcibly" in the context of the 1971 Act means using or threatening to use force in relation to person or property, and for this purpose participation in action or conduct with others in numbers or circumstances calculated to prevent by intimidation the exercise by any person of his rights in relation to any property shall constitute a threat to use force, and the Act also states that "forcible" is to be construed accordingly.
The 1994 Act makes it an offence for a person to enter a building, or part of it, as a trespasser, or to be in its vicinity for the purpose of trespassing thereon in circumstances giving rise to the reasonable inference that such entry or presence was with intent to commit an offence or to unlawfully interfere with any property situated there. 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 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.
It is important to understand that the problem of trespass by Traveller encampments is a problem involving complex social and cultural issues and is not a problem which can be dealt with by the criminal law acting in isolation. In this respect, as Minister for Justice, Equality and Law Reform, I have responsibilities on two fronts in relation to this issue. In my justice role I must ensure that public order is maintained and in my equality role I have responsibility to ensure that Travellers receive equality of treatment taking into account their way of life. The Minister for the Environment and Local Government has an important role to play in relation to the issue that is at the heart of the Deputies' questions, that is, the responsibility that is on each local authority under the Housing (Traveller Accommodation) Act, 1998 to have regard for the need for transient sites, as identified in its assessment of need, in preparing its Traveller accommodation programme.
I am conscious of the serious effects which unofficial halting sites can have on local communities and I would not therefore rule out the possibility that I might at some appropriate stage bring forward new criminal law provisions in this area. However, the matter requires careful consideration and debate. In June 1998, I established a committee to monitor and co-ordinate the implementation of the recommendations of the task force on the Traveller community. The committee, which is chaired by my Department, is representative of Traveller interests, social partners and relevant Government Departments. In the light of recent incidents of the type referred to by the Deputies, and in the light of a number of suggestions that the criminal law be further developed to deal with such incidents, I have asked that the issue of trespass by Traveller dealers and traders be discussed by the committee, and I understand that the issue will be on the agenda for the October meeting of the committee. I will keep the matter under review, in particular in the light of the outcome of the committee's discussion of this issue.
