The constitutionality of the legislation used to prevent members of the Travelling community from camping on public land will be challenged in the High Court today.
Patrick and Ann Lawrence are taking the case against Ballina Town Council, Mayo County Council, Ireland and the Attorney General, claiming that the 2002 Housing (Miscellaneous Provisions) Act, known as the Criminal Trespass legislation, contravenes their rights under the Constitution. The relevance of the EU Race Directive will also be raised.
The couple, along with their eight children, have been living in the car park of the municipal swimming pool in Ballina since 2002. They have no source of drinking or washing water, no electricity connection and no toilet facilities. They have been on the housing list of both Ballina Town Council and Mayo County Council for a number of years.
In May 2003 Mr Lawrence was summoned to appear before the local District Court under the Criminal Trespass legislation, which was invoked by the local authority to seek the family's removal from the car park. He sought an adjournment on the basis that the family was challenging the constitutionality of the legislation.
The basis of their challenge is that it discriminates against them as Travellers on a number of grounds.