Terence Flanagan (Dublin North East, Independent)
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273. To ask the Minister for Justice and Equality her plans to review the provisions of the Criminal Justice (Public Order) Act 1994 (details supplied); and if she will make a statement on the matter. [45024/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The law on the illegal occupation of land is set out in Part IIA of the Criminal Justice (Public Order) Act 1994, as inserted by the Housing (Miscellaneous Provisions) Act 2002.

The provisions of section 19C(1) of Part IIA of the Act 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 this is likely to damage the land substantially or prejudicially affect any amenity in respect of 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 section 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 cooperate with the Gardaí.

A person who is found guilty of an offence under Part IIA 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 Gardaí may also remove any objects from the land where the owner has refused a Garda direction to do so.

The implementation and enforcement of Part IIA of the Criminal Justice (Public Order) Act 1994, as amended, is a matter for the Garda Síochána and the courts.

I have no plans at present to change these provisions. However all legislation is kept under review.