Traveller groups are seeking the President's intervention to block a legal provision aimed at combating illegal Traveller encampments which, they claim, breaches the Constitution.
The measure, which makes trespassing a criminal offence punishable by a month in prison and/or a €3,000 fine, is aimed at curtailing large-scale illegal Traveller encampments in the summer which have in the past necessitated costly clean-up operations.
The move has angered Traveller groups who held further public protests yesterday, claiming the "racist" measure seriously threatened their nomadic way of life and was introduced in a deceitful manner without consultation. Three Traveller organisations yesterday faxed a letter to the President highlighting their concerns that the Bill flouted equality provisions in the Constitution.
The legislation is part of a housing Bill which passed its final stage in the Seanad yesterday, after its introduction at short notice. It is due to be presented to the President, Mrs McAleese, next week for her signature. If she feels legislation infringes citizens' constitutional rights, she has the power to summon the Council of State to consider referring it to the Supreme Court to test its constitutionality, before signing it.
The Minister for Justice, Equality and Law Reform, Mr O'Donoghue, yesterday met representatives of the three Traveller groups who protested outside an anti-racism conference in Dublin.
Mr O'Donoghue denied claims that the measure was introduced by the Department of the Environment without consultation. "This legislation is aimed at a small group of people who are more often than not coming in from abroad, who are going into private property and causing real difficulty and leaving the place in a dreadful state.
"You cannot expect people to tolerate the kind of mayhem that was being caused on private land. People have entitlements to amenities but no one has the right to destroy those amenities."
He said the amendment was not aimed at penalising people parked on the side of the road or on lay-bys and stressed the Government's ongoing commitment to providing adequate accommodation for all Travellers.
Travellers however claimed the provision would effectively make it "illegal to be a Traveller" and expressed fears that it would be used against all Travellers in every circumstance by local authorities.
"People are of the opinion that Travellers groups and activists are not concerned about anti-social behaviour in the community, but we are and we condemn that but we are also saying this law targets all Travellers," said Ms Rosaleen McDonagh of the National Traveller Women's Forum.
Mr Martin Collins from Pavee Point said the legislation would "worsen the situation for Travellers and settled people because it is just a policy of continuing to move people on without any alternatives being given."
He said the Government had promised 2,200 Traveller-specific units of accommodation for Travellers by 2000 under a 1995 task force, yet only 111 new units have been furnished to date.
A member of the Human Rights Commission, Mr Michael Farrell, described provision as a "classic case of dealing with the symptoms rather than the cause of a problem".