First Travellers Sentenced under Anti-Trespass Act

cork | rights, freedoms and repression | news report

Monday November 24, 2003 02:45

by David McCarthy - Traveller Visibility Group

tvg at indigo dot ie

The Glen, Cork.

021 4503786

It is a crime to be homeless

Just so you know, the 2002 Anti-Trespass Act has been used by Cork City Council to convict members of two Traveller families in Cork District Court. Michael Faulkner and Kathleen Delaney were both sentenced to a month in prison, suspended for two years and one year respectively. This raises a constitutional concern regarding basic human rights to shelter and liberty, both of which are threatened by this bizarre anomaly in legislation.

Constitutional Concern
On Tuesday November 18th, two Travellers were given suspended prison sentences in Cork District Court. They were convicted under the Criminal Justice (Public Order) Act 1994, as inserted by Section 24 of the Housing (Miscellaneous provisions) Act 2002, commonly known as the Anti-Trespass Act. The sentences were suspended for two years.
There is concern about the constitutional implications of these convictions and sentences. Michael Faulkner and Kathleen Delaney, the two Travellers who were given the suspended sentences, should not have been charged under this law. When the Dáil passed the law in 2002, it was to prevent large groups of Travelling traders from spoiling public amenities. The Faulkners and Delaneys are just two ordinary families on the local authority accommodation waiting list. They have nowhere to go in the meantime. This was stated in the court. Cork City Council brought this prosecution against them for parking their caravan homes illegally, even though both families are on the City Council’s own accommodation waiting list. What protection do homeless Traveller families have when they are prosecuted by Cork City Council for parking their homes illegally, while that same Local Authority is processing their applications for accommodation under the 1998 Traveller Accommodation Act? This use of the anti-trespass legislation in these particular circumstances by Cork City Council raises questions about Travellers' constitutional rights to shelter and liberty. The actions of Cork City Council show that the situation of homeless Travellers is that they can be jailed simply by living, because there is nowhere legal where they may exist.
The TVG wants to ensure that this bizarre legal trap is removed from the statute books immediately, so that no further prosecutions like this can happen.
Contact is being made with all of the political parties to ask for assistance in seeking a Dáil decision to amend the Criminal Justice (Public Order) Act 1994 - as inserted by Section 24 of the Housing (Miscellaneous provisions) Act 2002 - to give protection from the act to families and individuals who have no place to go in order to avoid prosecution.
We are asking the parties to say:
1: If they are broadly in agreement with TVG's position, and if not, what other factors influence their opinion in this matter
2: If they can advise on how to proceed in seeking a Dáil decision to amend the 1994 legislation
3: If they are in a position to provide any practical assistance in achieving this.