Jackie Cahill (Tipperary, Fianna Fail)
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65. To ask the Tánaiste and Minister for Justice and Equality if she intends to strengthen trespassing laws, to add more protection to the property owner; the efforts that her Department is taking to deter trespassing; and if she will make a statement on the matter. [52121/22]

Helen McEntee (Meath East, 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.

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. For the Deputy's information, outlined below are a variety of legal provisions in place with regard to trespass.

- 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 public land provided or maintained by a statutory body or held in trust primarily for the enjoyment of the public and land covered by water. 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.

I can inform the Deputy that I intend to amend a number of sections of the Occupiers’ Liability Act 1995, in line with the Government policy objective of restricting the liability of occupiers. I believe these proposals strike the right balance between ensuring that businesses, community groups and organisers of events fulfil their duty of care responsibilities, while also acknowledging the importance of personal responsibility of visitors, recreational users and trespassers.

The proposed amendments, which build on a Review Paper prepared by my Department in February 2021, and subsequently published, contain four key developments:

- they will reflect in primary legislation a number of recent court decisions which rebalance the duty of care owed by occupiers to visitors and recreational users;

- they change the standard to clarify that when the occupier of a property has acted with reckless disregard for a recreational user or trespasser, the standard of reckless disregard rather than that of reasonable grounds should apply in relation to any consideration of liability;

- they limit the circumstances in which a court can impose liability on the occupier of a premises where a person has entered onto premises for the purpose of committing an offence; and

- they allow for a broader circumstances where it can be shown that a visitor or recreational user has voluntarily assumed a risk.