Áine Brady (Kildare North, Fianna Fail)

I am replying to this Adjournment matter on behalf of the Minister for Justice and Law Reform, Deputy Dermot Ahern, who welcomes the opportunity to outline the law on illegal occupation.

The current law is, in the Minister's view, very comprehensive and he has not been made aware of any shortcoming requiring attention. Part IIA of the Criminal Justice (Public Order) Act 1994 was inserted by section 24 of the Housing (Miscellaneous Provisions) Act 2002. The provisions of section 19C(1) of Part 2A prohibit any person, without the consent of the owner of the land, from entering or occupying the land or bringing any object onto such land where it is likely to damage the land substantially or prejudicially affect any amenity to do with the land; to prevent anyone entitled to use the land or any amenity associated with it from making reasonable use of the land or the amenity; to otherwise render the land or the lawful use of the land or amenity unsanitary or unsafe; or to substantially interfere with the land or amenity or the lawful use of the land or amenity.

A garda may arrest, without warrant, a person committing an offence under 19C(1). The law also provides for a member of the Garda Síochána, who has reason to believe that a person is committing an offence under this section, to demand of the person his or her name and address and to direct that person to leave the land and to remove any object from the land which is owned or under the control of that person. It is an offence for a person to fail to co-operate with the Garda.

A person who is found guilty of illegal occupation or any other offence under Part IIA of the Criminal Justice (Public Order) Act 1994 shall be liable, on summary conviction, to a maximum fine of €4,000 or a sentence of up to one month in prison or both. The Garda may also remove any objects from the land where the owner has refused a Garda direction to do so. Such objects may be returned to the owner following a written declaration by the owner. The Garda Commissioner has discretion to require the owner to pay for any costs reasonably incurred on removing and storing the object. The Commissioner will be entitled to sell or dispose of such objects if not claimed and removed. The net proceeds of the sale, less the cost of removal, storage and sale, may be returned to the owner.

The implementation and enforcement of Part 2A of the Criminal Justice (Public Order) Act 1994 is a matter for the Garda and the courts. Matters relating to local authority housing and the offering of accommodation are the specific remit of the Minister for the Environment, Heritage and Local Government.

On the specific issue of development lands, the Minister for the Environment, Heritage and Local Government has stated that it is primarily the responsibility of developers and the owners of unfinished developments to ensure that their sites are completed satisfactorily and that unfinished and unoccupied parts of the developments are adequately secured from unauthorised access. Construction sites are hazardous locations that, if left unprotected by proper security and perimeter fencing arrangements, can pose hazards to the public.

The Department of the Environment, Heritage and Local Government will shortly publish a consultation draft of best practice guidance on managing unfinished housing development sites. This will clearly set out the roles and responsibilities of developers and local authorities in this regard.

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