Jackie Cahill (Tipperary, Fianna Fail)
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96. To ask the Minister for Justice and Equality if she will review, amend and strengthen the trespass laws to protect the rights of land and property owners; and if she will make a statement on the matter. [34402/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Trespass is a civil wrong and, for the most part, falls to be addressed by means of a civil remedy.

Trespass may be dealt with under criminal law in certain circumstances and a range of offences are provided for in legislation.

The Criminal Justice (Public Order) Act 1994, as amended, contains provisions specifically relating to the unauthorised entry onto and occupation of land. Part IIA of that Act, comprising sections 19A to 19H, as inserted by the Housing (Miscellaneous Provisions) Act 2002, provides for offences in relation to illegal trespass and occupation of land. Such land includes privately owned land and public land provided or maintained by a statutory body or held in trust primarily for the enjoyment of the public. The legislation empowers the Garda Síochána to direct trespassers to leave the land concerned and 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 of up to one month, or both.

Trespass in relation to buildings, as well as land, is also dealt with in the 1994 Act. Section 11 of the Act provides that it is an offence for a person to enter a building or the vicinity of a building as a trespasser with the intention of committing an offence or interfering with property. A person who is guilty of an offence under this section is liable on summary conviction to a fine of up to €2,500 or imprisonment for a term of up to 6 months, or both.

In addition, section 13(1) of the same Act provides that it is an offence for a person, without reasonable excuse, to trespass on a building or in the vicinity of a building in such a manner as causes or is likely to cause fear in another person. Section 13(2) empowers the Garda Síochána to request the person concerned to desist from acting in such a manner and to immediately leave the place concerned in a peaceable and orderly manner. It is an offence not to comply with a direction given by a member of the Garda Síochána under section 13(2). A person who is guilty of an offence under section 13(1) is liable on summary conviction to a fine of up to €2,500 or imprisonment for a term of up to 12 months, or both. A person who is guilty of an offence under section 13(2) is liable on summary conviction to a fine of up to €1,000 or imprisonment for a term of up to 6 months, 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 forceful occupation, or to encourage or advocate the commission of such an offence. A person guilty of a first offence under the Act is liable on summary conviction to a fine of up to €500 or imprisonment for a term of up to 6 months, or both. A second or subsequent offence under the Act is punishable, on summary conviction, by a fine of up to €1,000 or imprisonment for term of up to 12 months, or both. Conviction on indictment for an offence under the Act can result in a fine of up to €5,000 or a prison term of up to 3 years, or both.

As I have outlined, there is already robust legislation in place in relation to trespass and I have, therefore, no plans to change the law in this regard, but the situation will be kept under review.