Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

The Minister has recounted a series of provisions that exist on the Statute Book but that do not take into account the reality of what is happening on farmland. Farmers find that when people trespass on their land, they have no remedy in the criminal law. When they contact members of An Garda Síochána, they are told that officers can only intervene if there is a threat to commit a criminal offence or if criminal damage has been done. In my constituency or that of any Dublin Deputy, if I found someone in my back garden, I would call the Garda immediately. I suspect that gardaí would regard that person as having sought to enter my house and would arrest him or her on suspicion of intending to burgle my house. However, a different law appears to apply to people who are on farmland. It is not enough for the Minister to state that trespass is a civil offence. Everyone knows that trespass is a civil offence. What is required is for the legislative measures that the Minister has stated exist to be put into operation by An Garda Síochána. That is not happening and farmers find that if someone is on their land, they are left helpless vis-à-vis the criminal law.

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