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Traveller Legal Resource Pack 5 - Evictions

Pack Contents:

Definition of Evictions

Legal responses to the eviction of Travellers should be considered in the context of International law and in the context of the issue of Traveller accommodation. This section is relevant to evictions of Travellers from unauthorised encampments (roadside camps) (Refer to section three for evictions from Traveller accommodation/standard housing.)

At an international level evictions are defined as;

‘the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to appropriate forms of legal or other protection’(United Nations Committee on Economic, Social and Cultural Rights.)

This provides a useful basis from which to monitor evictions in an Irish context. Evictions can only be justified in the most exceptional circumstances, and only if in accordance with the relevant principles of international law as set out below.

They are carried out for the purpose of promoting the general welfare in a democratic society
They are carried out in accordance with general principles of reasonableness
No form of discrimination is involved

At a local and national level Traveller accommodation issues are linked to the issues of evictions. Travellers find themselves camped on public land and served with an eviction notice to move by the local authority yet they are awaiting the provision of properly serviced accommodation by the same local authority. There is a conflict between a local authority as an accommodation provider, while at the same time using their powers to deprive Traveller families of a place to live.

Relevant Laws

1. The Housing Acts

The Housing Acts are the most common laws used to evict Travellers from unauthorised encampments. Section 10 of the Housing (Miscellaneous Provisions) Act 19921 is widely use and provides the local authorities with the following powers:

Where a caravan is parked within a five mile radius of an official halting site the local authority has the power to serve notice on the owner requesting them to move their caravan to the said halting site
If the caravan is within a five mile radius of a halting site and the local authority is of the view the caravan is a hazard the local authority has the power to serve notice on the owner to move the caravan to any halting site in its area
If a caravan is parked within a one mile radius of any Traveller accommodation the local authority can serve a notice requiring the owner to remove the caravan a distance of one mile from the specified Traveller accommodation

In all of the above cases:

the owner may be given only 24 hours notice to move their caravan (in some circumstances more time may be allowed)
If the Notice expires or is not legally challenged the local authority can:

remove the caravan to the halting site named on the Notice, or
in the case of the one mile radius situation remove the caravan to a distance in excess of one mile from the specified site, or
take the caravan and put it in to storage. If the caravan is not claimed for over one month, the housing authority can dispose of it.
If the owner of the caravan fails to move they are guilty of an offence and can be prosecuted. If convicted a person can be subject to a fine of €1,270 and/or a term of imprisonment of up to one month.

2. The Trespass Law

Section 24 of the Housing (Miscellaneous Provisions) Act 20022 makes trespass on land with an ‘object’ such as a caravan, a criminal offence. Trespass under the act involves:

entering and occupying any land,
or, bringing an object (defined to include a temporary dwelling (caravan) or animals) onto any land, public or private
without the consent of the owner of those lands3

This section was brought in at a time when over a 1,000 Traveller families where camped on public land (known to the local authorities but not with their consent) awaiting accommodation. In effect it means that families camped on public land, often through no fault of their own, are committing the offence of trespass.

Procedure used:

no written notice is served
the Gardai can ask the person if they have a ‘reasonable belief’ that they are trespassing to leave such lands
If the person does not leave the Gardaí can confiscate and impound caravans and can arrest a person without warrant4
The caravan can be recovered, and a fee imposed by the Gardaí for the storage
If the caravan is not claimed within one month it may be disposed of
If it is sold then the owner is entitled to an appropriate payment, less the cost of removal and storage
If convicted a person is liable to a maximum fine of €3,000 and/or a term of imprisonment of not more than one month

This legislation does not apply to any public road within the meaning of the Roads Act 1993. However, the Roads Acts may be used to move Travellers on. (section. 69).

3. Roads Act, 1993

Section 69 of the Roads Act, 1993 provides that any person who parks a caravan on a national road, busway, motorway, or protected road shall be guilty of an offence.

An authorised person such as a Garda or local authority official can:

remove the caravan
store it until it is claimed by the owner
if not claimed after a certain period of time it can be disposed of

4. Local Government (Sanitary Services) Act, 1948

Section 30 of the Local Government (Sanitary Services) Act, 1948 allows local authorities to make bye-laws to regulate the use of caravans in its functional area.

Section 31 allows for prohibition orders to be made in areas, which have the effect of prohibiting caravans from being retained in those areas. These sections have been used on occasion throughout the country where the local authority has made bye laws and prohibition orders to remove caravans in the area specified.

The Irish Traveller Movement Legal Unit believe that the validity of the 24 hours notice should be tested in the High Court as Travellers are entitled to a fair hearing and an appeals procedure against an unfair decision regarding their rights. At present Travellers have no option but to move if they cannot get legal advice and challenge the notice within 24 hours.

The Trespass legislation is currently being tested in the High Court.

Steps to take in cases of evictions

Step One: Information needed; it is important to document the following information in cases of evictions:

Time and place of incident
Circumstances of the family, including health and education
Accommodation history of the family
Identify the law being used to carry out the eviction
Purpose of the eviction as stated by local authority or Gardai
Was there an alternative solution sought and if so was it unreasonable in the circumstances
The manner in which the evictions was carried out e.g high presence of Gardai, use of bulldozers to block of entrances, etc
What steps. if any, did the local authority/Gardai take in advance to calm the situation/or avoid the eviction

Step Two: Check Eviction Notices

If the eviction is being carried out on foot of a section 10 notice check the eviction notice itself as it should contain minimum requirements as set out below:

Check the heading as sometimes the legislation referred to is incomplete. It should include section 10 of the Housing (Miscellaneous Provisions) Act, 1992 and all the subsequent amendments to the legislation, i.e. Section 32 of the Housing (Traveller accommodation) Act 1998 & Section 21 of the Housing (Miscellaneous Provisions) Act 2002
Ensure that the description of the location of the caravan is correct
Check the location to which the caravan is to be removed. If the notice refers to the five mile radius provision it is required that alternative accommodation is offered. If the one mile radius provision is being used the requirement is to move the caravan to at least a distance of one mile from the specified site, or other Traveller accommodation
Ensure that the date on the Notice is correct
The period within which the notice is to be complied should not be less than 24 hours. Check the time of day the notice was served. This is relevant to ensure that a minimum 24 hour notice is provided
The notice should include the specific penalties for not complying with it
The notice should be signed by an authorised officer from the local authority

If it does not contain all of the information above it is not a valid notice and therefore the eviction is illegal.

If the eviction is carried out on foot of the Trespass law:

no notice will be served
The Gardai will ask the person their name and can ask them to move their caravan immediately. It is important to give your name and details to the Gardaí on request.
In such circumstances the only defence is to prove that there is consent from the land owner to be there
In some cases the local authority have given consent to families who are awaiting accommodation in their areas, but in many cases no consent has been issued
If a person does not leave on the request of the Gardaí they can be arrested, and subsequently prosecuted in the District Court

Step Three: Negotiation

In all cases it is vital to negotiate for a proper solution to the situation. The following actions can be undertaken:

Contact the local authority immediately to find an alternative solution to the eviction. Any correspondence with the local authority should be recorded. The minimum request should be for more time for the families and alternative accommodation. In cases of trespass request consent for the families to occupy the land, and/or alterative accommodation
In trespass cases contact the gardaí and ask for more time explaining the lack of accommodation provision. In addition contact the Health Board and other services and ask for their assistance
Contact local politicians and the media to highlight the issues involved to raise awareness of the problem and lobby for a solution to be found
Contact other community groups in the area to support the cases/s by contacting the Gardaí and the local authority to seek an alternative

Step Four: Legal protection

Contact a solicitor immediately to get legal advice. The main basis on which Travellers can challenge evictions under the Housing Acts and the Trespass law is that the local authority have a duty under the Housing (Traveller Accommodation) Act, 1998 to provide Traveller accommodation. One of the reasons that families are parked in public places or on roadsides or near existing Traveller accommodation is that there is that thee is a lack of provision of suitable accommodation. Therefore, Travellers should not suffer for the failures of a local authority to fulfil its obligations. In order to do this, Travellers must secure legal representation and get an application in to the courts within the 24 hour period before the notice expires or in the case of other legislation as quickly as possible to prevent the eviction, until the case can be heard in court.

For further information visit:

European Roma Rights Centre: www.errc.org

Centre for Housing Rights and Evictions: www.cohre.org

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