IHRC can be heard in trespass case

The Irish Human Rights Commission (IHRC) has been granted the right to be heard in a High Court challenge to the trespass legislation…

The Irish Human Rights Commission (IHRC) has been granted the right to be heard in a High Court challenge to the trespass legislation frequently used against Traveller families camping on local authority land.

The case concerns a Traveller family called Lawrence, which is taking the case against Ballina Town Council and the State and is likely to be heard later this year.

The IHRC was granted leave by the High Court to appear as a "friend of the court" in the case, which will involve an examination of the provisions of the 2002 Housing (Miscellaneous Provisions) Act. It sought permission to appear in order to draw both constitutional and international human rights principles to the attention of the court.

"The commission welcomes the High Court's decision today to allow it to appear," said Dr Maurice Manning, president of the IHRC.

READ MORE

Dr Alpha Connelly, chief executive of the commission, said: "This case raises important issues regarding the human rights of Travellers. It is on this basis that the commission has sought liberty to appear before the High Court."

The Irish Traveller Movement welcomed the successful application of the Irish Human Rights Commission challenging the validity of the criminal trespass legislation. The legislation criminalises trespass when accompanied by the bringing of an object on to public or private land, the ITM said.

Catherine Joyce, ITM co-ordinator said: "This law was introduced in 2002, when there were over 1,000 Traveller families living without official accommodation and forced to live with or without permission on unofficial encampments.

"All those families were immediately at the mercy of local authorities who wished to move them on, as they could simply make a complaint to the gardaí and have them moved without any need for a court order or any determination of the respective rights as between the family and the local authority.

"ITM believes that the majority of complaints resulting in Traveller families being moved have emanated from local authorities."