Travellers may take court action against local authorities

A solicitor will this week issue High Court proceedings against four local authorities on behalf of 50 Traveller families who…

A solicitor will this week issue High Court proceedings against four local authorities on behalf of 50 Traveller families who live on roadsides in counties Clare and Mayo.

Solicitor Mr Kevin Brophy outlined his intentions in a letter to the Minister for the Environment, Mr Cullen, dated October 3rd.

He also notified Mayo County Council, Castlebar Town Council, Clare County Council and Ennis Town Council.

The proceedings have been issued under the Housing Act 1966 and various amendments, the last of which is the Housing Traveller Act 1998.

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Mr Brophy will claim that the constitutional rights of the Travellers have been breached, particularly those of Traveller children in relation to their rights to be educated by the State.

"Many of the children for whom I act - and they are in their early teens - have never had the basic facility of even a toilet or running water," Mr Brophy said.

"Their primary childhood experience has been that of being moved from pillar to post by local authorities."

In his letter to the Minister, Mr Brophy explained that his clients would be prepared to issue a moratorium on the proceedings if certain actions were taken by the councils to alleviate the Travellers' immediate accommodation requirements.

He proposed an emergency meeting between the relevant parties, but no such talks have yet taken place.

"The irony is that the provision of a tap and a toilet by the local authorities would have satisfied some of my clients' immediate needs," he said.

"The costs of these legal actions will be extremely substantial, possibly hundreds of thousands of euros. All of these Travellers are living on the side of the road, or in the gardens of relatives, with not even basic facilities. Their only realistic hope is legal action."

Mr Brophy has said he was outraged at the "bizarre" claim by Clare County Council that a Traveller housing development would cost €400,000 for each house.

"It is such a cynical exercise by the council to seek media publicity about this proposed development. Their record has been appalling, we're suing them and now they make this proposal.

"We all know that Traveller accommodation is usually substandard. The fact that Mr Considine, chairman of Ennis Town Council, admitted that he finds the costs extraordinary speaks for itself."

Ms Ronnie Fay, director of national Traveller organisation Pavee Point, says she supports Mr Brophy's action.

"It has become increasingly clear to us that the pursuit of legal avenues is the most efficient way to ensure the delivery of Travellers' human rights," said Ms Fay.

"We believe that there should be a moratorium on all evictions until local authorities have met the provisions specified in their accommodation programmes.

"We also call on the Government to review and strengthen the existing institutional mechanisms which are designed to deliver progress for Travellers," she added.