Carol Nolan (Offaly, Independent)
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I move:

That leave be granted to introduce a Bill entitled an Act to amend the Criminal Justice (Public Order) Act 1994 and to provide for related matters.

At the outset, let me express my sincere thanks to Karen O'Brien in the Office of Parliamentary Legal Advisers and Owen Garvey, assistant parliamentary counsel, for their invaluable research and drafting assistance. Also, my thanks to Luke Norton in the Bills Office for his assistance, as well as Jill Gray in the Ceann Comhairle's office. I also sincerely thank my own PA, David Mullins, for his research and very hard work on this Bill.

I am delighted to introduce this Bill here today. It is aimed at addressing the offence of trespassing on farm and agricultural land. The Criminal Justice (Trespass on Land) Bill 2025 will seek to amend section 13 of the Criminal Justice (Public Order) Act 1994. The current wording of the section states:

It shall be an offence for a person, without reasonable excuse, to trespass on any building or the curtilage thereof in such a manner as causes or is likely to cause fear in another person.

Curtilage is any land immediately surrounding a house or other building which forms an enclosure around the house or building, but it does not refer to land beyond that, such as farmland. However, my Bill, if it clears all Stages, will amend the section to include the important substitution to the effect that it shall be an offence for a person, without reasonable excuse, to trespass on any building or other land or the curtilage thereof in such a manner as causes or is likely to cause fear in another person. In that sense, this Bill simply seeks to broaden the scope of existing legislation to capture not just the land on which the farm buildings and curtilage of the buildings are situated but also all farm and agricultural land. If accepted, it would introduce a greater level of legal clarity for farmers and landowners. It would also significantly expand the scope of the physical area that would be captured within the law of trespass. This is urgently required of us all as legislators.

It is vital to remember that trespass affects not only farmers and landowners but also entire rural communities, on whose agricultural land activities such as lurching or the unsanctioned use of quads, scramblers and motorcycles take place frequently. This is a huge problem, as we know from the IFA's 2024 survey, which reported trespassing as a top concern. This was expressed by approximately 50% of 1,500 surveyed farmers, with 25% having experienced civil trespass, where there would have been walkers and unauthorised hunters. We are aware that issues such as dog attacks on livestock often blur civil and criminal lines, but the 2024 survey found that 48% of 800 respondents reported civil trespass cases outnumbering criminal cases. It is also worth pointing out that the Criminal Justice (Public Order) Act 1994 was introduced at a time when there was perhaps a far greater level of respect for the rights of farmers and when we did not see such contemptuous disregard among a substantial number of people for the right of farmers or landowners to simply say a person cannot trespass on their land. There is now a sense among many people that they simply have a divine right to go where they like when they like and to do what they like on farm land and other agricultural land. We have to counter that with all the legislative tools at our disposal, in addition to having increased Garda numbers for enforcement.

I am aware that trespassing is also a problem on State lands, such as Coillte forests in the Slieve Bloom Mountains, close to my own home, where there is a huge problem with the reckless use of quads and motorbikes. This is causing great damage to public recreational amenities. These sports and activities are perfectly legitimate – let me make that clear – but they must take place in properly sanctioned areas, not on farm land or other agricultural land without permission from the landowner. It is regrettable that we have to restate such simple, basic facts, but here we are.

This Bill is a modest but important contribution to the ongoing work of assisting farmers and landowners in dealing with the scourge of trespassing, which is continuing to make a misery of so many people's lives. I commend it to the House.

Verona Murphy (Wexford, Independent)
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Is the Bill opposed?

Mary Butler (Waterford, Fianna Fail)
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No.

Carol Nolan (Offaly, Independent)
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I move: "That the Bill be taken in Private Members' time."