The High Court has given five Travellers one week to move themselves and their vehicles from any area within a mile radius of a special school in Co Clare. Otherwise, the five face imprisonment for "grievous contempt" of court orders.
Mr Justice Lavan found them in grievous contempt of the High Court because they failed to obey an order preventing them from parking their caravans or vehicles within a one-mile radius of St Claire's special school, Gort Road, Ennis.
However, instead of sending them to prison immediately, Mr Justice Lavan put a seven-day stay on his orders for committal, which, he said, would be ample time for the Travellers to "address their problems". A solicitor for the Travellers had said they had nowhere else to go.
Yesterday's hearing was one of several concerning Travellers placing their property on lands at St Claire's school.
In January 2002, Mr Justice Smyth granted Clare County Council an order restraining two named Travellers and "any other persons having notice of the making of the order" from entering on St Claire's lands.
Yesterday, five Travellers, who were said to have had notice of the 2002 order for five months but had failed to obey it, were brought by gardaí in a bus to the High Court, where they faced proceedings taken by the council for contempt and committal.
Before the court yesterday were Mr Martin Ward and Ms Mary Ward; Mr Patrick McDonagh and Mr Thomas McDonagh; and Mr Kevin Maughan. In its various proceedings, the council has named 25 Travellers.
Sgt Séamus Ruane told the High Court he had arrested the five at 6.40 a.m. yesterday.
Orders to bring three others, Ms Kathleen Maughan and Ms Margaret Maughan and Ms Ellie McDonagh, before the court were not effected as two of the women were heavily pregnant and had medical certificates stating it would be unsuitable for them to travel to Dublin, he said.
Mr James Connolly SC, for the county council, said two others on the site had left before gardaí arrived yesterday morning.
Mr Kevin Brophy, solicitor for the Travellers, said those before the court were not party to the 2002 proceedings and had not had an opportunity to defend themselves in relation to the original order.
That order had effectively bound his clients and any other persons for all time even though it was only an interlocutory order and not a final and permanent order, he said.
Mr Brophy said the Wards had been homeless in the Ennis area for more than 20 years and had instructed Mr Brophy to issue proceedings against the council. He asked the court to exercise its discretion and grant a stay on the committal proceedings until after the Ward action had been heard. He added that the difficulty was that if the families did move they would simply trespass elsewhere and the problem would not be resolved.
Mr Justice Lavan said: "That is a threat and does not sit easily in the High Court, a statement from a legal practitioner that his clients would commit a legal wrong."
Mr Brophy said two Travellers had moved from the site and were trespassing elsewhere.