Oireachtas Joint and Select Committees

Tuesday, 22 November 2022

Select Committee on Justice and Equality

Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage

Photo of Martin KennyMartin Kenny (Sligo-Leitrim, Sinn Fein) | Oireachtas source

The Minister of State mentioned rural areas where people pass through owners' land. In some cases, they are not there for recreation. They come back or send people back later on who carry out crimes such as robberies. A lot of people, particularly in the farming community, are very concerned about that and want reassurance that they have the right to be able to ask somebody what they are doing there, who they are, what their name is, why they are on the owner's property, and for that to stand up. I heard of a case a number of years ago involving a mountainous area adjacent to a beauty spot. People continuously crossed this farmer's land, much of which was very rocky and dangerous. He challenged one couple with children. The couple got very abusive and left. He tried his best. He went to An Garda Síochána and tried to find out who they were and why they were on his land because he had seen them on his property several times but he was unable to find out who they were. While the countryside should be open for people to walk in and enjoy, it should not be abused, and in the case of the small minority who do abuse it, there needs to be some recourse to ensure landowners can come back at it in that respect.

Regarding slips and falls in supermarkets or similar premises, I take the point that they are retail outlets. Somebody is going in there to purchase something. They are open to the public and are not properties on which people trespass. The situation is entirely different when trespass is involved. It is an area we need to get to grips with and find solutions.

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