Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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7. To ask the Tánaiste and Minister for Justice and Equality the steps he has taken to address the concerns raised by an organisation (details supplied) that farmers cannot avail of the criminal law to force trespassers off their land; and if he will make a statement on the matter. [49602/18]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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Many farmers live in fear of the threat and the reality of crime. In north Dublin recently, a farmer approached a number of people who were on his land. Those people subsequently viciously attacked him and he sustained serious injuries. One of the issues raised by the Irish Farmer's Association, IFA, is the fact that if farmers identify people trespassing on their land, they cannot avail of the criminal law. Under the law, what can farmers do if they find people on their land and want them to leave?

Charles Flanagan (Laois, Fine Gael)
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The Deputy will be aware that the general legal position in respect of trespass is that it is a civil wrong and, for the most part, can be addressed by means of a civil remedy through the courts. I acknowledge the interest of various farm and rural organisations, particularly the IFA, in this issue. I meet regularly with representatives of the IFA in my constituency of Laois-Offaly.

The Criminal Justice (Public Order) Act 1994, as amended, contains provisions specifically relating to the unauthorised entry onto and occupation of land, including farmland. Part IIA of that Act, comprising sections 19A to 19H, as inserted by the Housing (Miscellaneous Provisions) Act 2002, provides for offences relating to illegal trespass and occupation of land which result in a range of specified adverse consequences. Such land includes privately-owned land and public land provided or maintained by a statutory body. The legislation empowers An Garda Síochána to direct trespassers to leave the land concerned and, if necessary, remove any object belonging to them from the occupied land. A person who is guilty of an offence under this Part of the Act is liable on summary conviction to a fine of up to €4,000 or a term of imprisonment, or both.

The Prohibition of Forcible Entry and Occupation Act 1971 also contains provisions relating to trespass. Under this Act it is an offence to forcibly enter land, including buildings, or remain in forcible occupation, or to encourage or advocate the commission of such an offence. The word "forcibly" is defined as using or threatening to use force in respect of persons or property, and such action is not necessarily linked to any other crime. A person found guilty under the Act is liable to a fine, a term of imprisonment or both.

There are already significant legislative provisions and penalties in place relating to trespass and I have no immediate plans to change the law in this regard. I am anxious to hear what Deputy O'Callaghan proposes in this regard.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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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.

Charles Flanagan (Laois, Fine Gael)
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I do not accept that we are dealing exclusively with civil remedies here. I have already referenced relevant statutes and would add that trespass in respect of buildings is also dealt with in section 11 of the Public Order Act 1994 . Section 13 of that Act refers to the offence of trespassing "without reasonable excuse" on a building or in the vicinity of a building in such a manner as to cause fear in another person. There is a suite of legislation available in this area but I am keen to hear more from Deputy O'Callaghan and would be amenable to a review of the law this area if I thought it might point to a more immediate remedy, as envisaged by the Deputy. I would add that the aforementioned Public Order Act empowers the Garda Síochána to request a person to desist from acting in such a manner as to amount to a breach of the peace.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The type of remedy that farmers want is to be able to tell people trespassing on their land to leave and that there will be consequences if they do not do so. They want there to be consequences for people for being on their land. There may be a civil remedy available but that requires farmers to institute proceedings against unknown individuals who then have to be brought before the courts. Farmers have to apply for injunctions before a civil court restraining those persons from coming back onto their land. That is a very complex and detailed process. Farmers require greater protection than that being afforded to them at present. Their legitimate concern is that people are coming onto their property to see if there is any valuable equipment on it and with a view to returning subsequently to try to obtain that equipment. This is something that the Minister, as a rural Deputy, will know is happening and other rural Deputies in this House tell me that it is happening frequently. There may be trespass-related provisions on the Statute Book but, unfortunately, they are not being used by members of An Garda Síochána and they are not effective for farmers.

Charles Flanagan (Laois, Fine Gael)
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I have made reference to at least four pieces of legislation and I again refer to the 1994 Act introduced by the then Minister for the Environment and Local Government. I would be happy to speak to the Minister for Housing, Planning and Local Government, Deputy Eoghan Murphy, to ensure these issues are kept under review.

I assure the House that rural crime in general is a key focus for An Garda Síochána and there is a relentless pursuit on the part of the force of those responsible for crime in rural areas. I remain very much committed to a vigorous and comprehensive response to burglary and theft. I will speak to the Minister for Housing, Planning and Local Government to see if there are issues that might form the basis of a review as envisaged by the Deputy.