Challenge to Traveller legislation

New legislation allowing gardaí to forcibly remove and confiscate Traveller caravans without a court order is to be challenged…

New legislation allowing gardaí to forcibly remove and confiscate Traveller caravans without a court order is to be challenged in the High Court, it emerged yesterday.

The move is in response to gardaí in Ennis, Co Clare, removing and confiscating four Traveller caravans on local authority property from residential areas of Ennis on Tuesday. It is the first time the recently enacted Housing (Miscellaneous Provision) Act 2002 was enforced. The four male owners of the caravans were arrested and later charged with trespassing on Ennis Town Council property. Under the new legislation, if found guilty, individuals may face a fine of €3,800 and/or a prison term of one month.

However, the solicitor for the Travellers, Mr Charles Foley, confirmed yesterday that he is preparing an application in relation to the case for the High Court.

At Tuesday's sitting of Ennis District Court where the Travellers appeared, Mr Foley said his clients are now effectively homeless. He said: "They have no houses, their caravans are confiscated and they have nowhere to go." The Travellers opted not to reclaim their caravans from gardaí fearing the caravans would be re-impounded.

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Yesterday, the Irish Traveller Movement (ITM) was making efforts to get accommodation for the families.

On Tuesday night, one of the four couples, Patrick and Julie McDonagh, slept in their car, while the Mongan family with nine children were given the use of a floor in a community hall by the local friars - the other two couples were accommodated in B&Bs.

Gordon Deegan

Gordon Deegan

Gordon Deegan is a contributor to The Irish Times