Oireachtas Joint and Select Committees

Thursday, 21 March 2024

Committee on Key Issues affecting the Traveller Community

Traveller Accommodation: Discussion (Resumed)

Ms Mary Heavey:

I might take a couple of those. On the first point, regarding whether there is a way of resolving matters that is quicker and more efficient than having to go to the courts to vindicate your rights, a key part is the role of education. If individuals know their rights, and equally if local authorities know their statutory obligations and apply them in a consistent and fair manner, that could do an awful lot to limit the number of disputes that might arise and to protect people's rights. There is a core aspect relating to education.

We believe the civil legal aid scheme should include that remit.

Turning to the point about the trailer loan scheme, I do not think there needs to be legislative reform in order to introduce a scheme. A couple of points arise from our report. The first point, to which reference was made, is that there has to be engagement with the Traveller community. They have to be involved in consultations about the roll-out of any standardised scheme and there needs to be a consistent and standardised approach across local authorities in how such a scheme is implemented. That is a core piece of the roll-out of any successful scheme.

One of the recommendations in our report relates to the potential introduction of a rental scheme. Our colleagues in National Traveller MABS have also called for such a scheme. It may require legislative reform. There is a clear statutory basis in section 25 of the 1998 Act which allows local authorities to make provision for loans for the purchase of trailers but I am not clear whether there is a statutory basis for the introduction of a rental scheme. I am aware anecdotally that some local authorities are operating a rental scheme. If a rental scheme was to be introduced, it would be important for it to have a clear statutory basis. There would be a need for regulations governing the minimum standards of trailers in orders that tenants availing of the trailer loan scheme would have the same protections, such as security of tenure and protection from eviction, as other tenants of local authorities. Legislative reform is not required in order to roll out an enhanced trailer loan scheme but there does need to be substantive consultation with the Traveller community. If a rental scheme was to be introduced, there may be work to be done around legislative reform.