McAleese passes controversial trespass law

The President has signed a controversial Bill into law dealing with Traveller encampments.

Mrs McAleese convened a meeting of the Council of State on Monday night to discuss the proposed legislation following representations from Traveller support groups who have been campaigning against it.

But this morning she decided not to refer the matter to the Supreme Court to test its constitutionality.

The proposed legislation is carried in Section 24 of the Housing (Miscellaneous Provisions) Bill (No 2), 2001, and makes trespass on land a criminal offence for the first time.

The Government has said the section is intended to deal with large-scale unauthorised Traveller encampments by traders, Travellers from abroad and others not indigenous to an area and Travellers who have other homes.

Traveller organisations, however, have criticised the section, arguing it will allow local authorities evict any Traveller or group of Travellers indiscriminately without having to fulfil their responsibilities to provide halting sites or other suitable accommodation.

Under existing law, only trespass on a building in a manner likely to put another person in fear is a criminal offence. To remove an individual or group from land, the land-owner must obtain an order through the civil courts.

Section 24 dispenses with this procedure and introduces a new penalty of three months' imprisonment and/or a fine of €3,000.