Terence Flanagan (Dublin North East, Fine Gael)
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Question 427: To ask the Minister for Justice and Equality if he will respond to correspondence (details supplied) regarding a legal loophole; and if he will make a statement on the matter. [33997/11]

Alan Shatter (Dublin South, Fine Gael)
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The position is that trespass to land is a civil wrong or tort, which for the most part, falls to be dealt with by a civil remedy, usually a court order directing the trespasser to leave the land in question. The nature and scope of any such order is a matter for the courts to determine.

Separately, in certain circumstances trespass may be dealt with under the criminal law. The Prohibition of Forcible Entry and Occupation Act 1971 and the Criminal Justice (Public Order) Act 1994 (as amended) provide for a range of offences in relation to trespass to property. In particular, Part IIA of the Criminal Justice (Public Order) Act 1994, as inserted by section 24 of the Housing (Miscellaneous Provisions) Act 2002 provides, inter alia, for offences relating to the unauthorised entry onto and occupation of land, including land provided or maintained by a statutory body or held in trust primarily for the enjoyment of the public. The legislation also empowers the Gardaí to direct trespassers to leave and remove any object (including any temporary dwellings and animals) belonging to them from the land occupied. Failure to comply with such a direction is an offence. Section 69 of the Roads Act 1993, which is the responsibility of my colleague the Minister for Transport, Tourism and Sport, prohibits the placement or retention of temporary dwellings on or at the side of a public road.

In relation to the specific case raised by the Deputy's correspondent, I would suggest that the civil and criminal provisions outlined above be explored to the greatest extent possible to address the matter. In particular, any alleged breach of the criminal law should be reported to the Garda Síochána. My Department will, of course, continue to keep the law on trespass under review.