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Charting A Future Strategy for the Delivery of Traveller Accommodation

Introduction

Acknowledgements

The Irish Traveller Movement (ITM) would like to thank members of the ITM for their participation in this work. The ITM extends a special thanks to the members of the Expert Group who worked hard to produce this report and who deserve a special mention:

Chris Flood for chairing the Expert Group and for his continuing commitment to Travellers
rights.
Kieran Murphy from Threshold
Maria Joyce from the National Traveller Women’s Forum
John Keyes;
Eleanor Edmond from Free Legal Advice Centres, LTD
Damien Peelo and Bernard Joyce from the Accommodation Working Group
Martin Collins and Ronnie Fay from Pavee Point
Chrissy Sullivan from Cork Traveller Visibility Group
Tommie O’ Donnell and Siobhan McLaughlin form the ITM Western Regional Network
Phillip Watt from the National Consultative Committee on Racism and Interculturalism (NCCRI)

The ITM would particularly like to thank the following people and organisations for their expert advice and support for this project:

Niall Crowley of the Equality Authority
Fintan Farrell of the European Anti-poverty Network
Garet Simons, Barrister, for his expert advice on planning issues.
The NCCRI for contributing to the cost of this publication.
The Combat Poverty Agency for part funding this project.
The views expressed in this publication are not necessarily those of the Combat Poverty Agency.

Forced Evictions

The meaning of forced eviction as defined by the UN Committee on Economic, Social and Cultural Rights, is “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.”

Are forced evictions permitted?

Instances of forced evictions are prima facie incompatible with the requirements of ICESCR (International Covenant on Economic, Social and Cultural Rights).; They can only be justified in the most exceptional circumstances, and in accordance with the relevant principles of international law.; Furthermore, they are permitted only where three additional conditions are met:

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.

Roma Rights, Number 2, 200:35

Note: The Irish Government has ratified the ICESCR.

Foreword by Chris Flood page

Chapter 1 Introduction and Background

1.0 Introduction and Background page
1.1 ITM;

Chapter 2 Policy Context

2.0 Traveller Accommodation
2.1 Policy Developments

Chapter 3 Barriers to the Provision of Traveller Accommodation

3.0 Issues under the Planning Legislation
3.1 Lack of Recognition of the Distinct Needs of Travellers
3.2 Racism
3.3 Lack of Implementation Measures
3.4 Introduction of Conflicting Legislation;
3.5 The forced movement of Travellers with nowhere to go
3.6 The Weakening of the Role of the NTACC
3.7 Local Traveller Accommodation Consultative Committees

Chapter 4 Lessons learned from the Current National Traveller Accommodation
Strategy

4.0 positive Developments
4.1 Negative Developments
4.2 Case Study of Wexford Co. Council

Chapter 5 Possible Models for the Delivery of Traveller Accommodation

5.0 Introduction
5.1 Option One – Strengthening the Current National Traveller Accommodation Strategy page
Option one Summary of Recommendations to Strengthen the National Traveller Accommodation Strategy;
5.2 Option Two; - The Centralised Approach
5.3 Conclusions

Chapter 6 Recommendations

6.0 General Recommendations page
6.1 Specific Recommendations page

Appendix 1; page 42

Foreword

by Chris Flood

The Irish Traveller Movement is to be warmly congratulated for its very worthy initiative in drawing up and publishing this report - Charting a Future Strategy for Traveller Accommodation.

The report spells out clearly and unambiguously the continuing appalling neglect in the area
of provision of Traveller specific accommodation. Those who can dramatically change this situation know very well who they are. Is it too much to hope that this report will be the spur, which finally unleashes the energy to complete the task of meeting the accommodation needs of our fellow citizens in the Traveller community?

I extend my sincere thanks to all concerned in preparing this report and especially Gráinne
O’Toole and David Joyce - National Accommodation Officers with the Irish Traveller Movement who acted as secretariat to the Expert Group.

Chris Flood

Chapter One Introduction and Background

1.0 Introduction and Background

In January 2002 the ITM began consultations with its member organisations regarding a future strategy for the delivery of Traveller accommodation. This process was put in place in response to the failure of the current National Traveller Accommodation Strategy to impact positively on Travellers lives and deliver the necessary accommodation.

The National Strategy on Traveller Accommodation is contained within the Housing (Traveller Accommodation) Act, 1998 which provides for the drawing up of Traveller Accommodation Programmes by Local Authorities and their delivery by 2004.The strategy has been operating for two and a half years and very little Traveller accommodation has been delivered. Only 129 new halting site bays have been provided since 1995 out of the promised 2,200 bays. At this rate of provision it is impossible to envisage how the local authorities will implement their Traveller Accommodation Programmes by 2004. It is in this context that the ITM sought to review and design recommendations as to how the delivery of Traveller accommodation can be achieved. This work is timely in that a Review of the Housing (Traveller Accommodation) Act, 1998 is due to take place shortly and the new National Partnership Agreement is currently being negotiated.

As part of the consultation process the ITM held a conference in June ‘Charting a Future Strategy for Traveller Accommodation’. This event provided the opportunity to examine the barriers to delivering Traveller accommodation in the current system and to explore new mechanisms, which would have the capacity to deliver accommodation to Travellers. From this conference a series of recommendations were produced and an Expert Group was established to refine and develop these recommendations. The Expert Groups’ terms of reference were to:

This group met five times to complete its draft report, which was then put to the members of the ITM for discussion. To facilitate this discussion the ITM held six consultation seminars around the country with its member groups to debate the strategy and this document is the outcome of this process.

Chapter one presents the report outline, introduction and background to this report.; Chapter two details the relevant policy context and the accommodation situation of Travellers. Chapter three examines the barriers to the provision of Traveller accommodation. Chapter four sets out the positive and negative lessons learned by Traveller organisations’ engagement with the current National Traveller Accommodation Strategy. Chapter five outlines possible models that could be put in place to address the barriers and Chapter six put forward the conclusions and recommendations from the Expert Group.

1.1 Irish Traveller Movement (ITM)

Established in 1990, the ITM has over ninety Traveller member organisations and consists of a partnership between Travellers and settled people committed to seeking full equality for Travellers in Irish society.; The Irish Traveller Movement aims to:

Provide a national platform for Travellers and Traveller organisations to debate ideas and bring forward proposals aimed at addressing the issues faced by members of the Traveller community.
Support the recognition of Travellers as a distinct ethnic group in Irish society with its own culture and traditions of which nomadism is an important part.
Ensure that appropriate mechanisms and adequate resources are in place to address the needs of Travellers.

Key activities of the Irish Traveller Movement include supporting the work of Traveller organisations, developing a Traveller input into policy arenas, representing Traveller interests on national advisory committees and policy fora and developing joint work with other community and voluntary organisations.;

The Department of Environment and Local Government has also provided support towards the employment of a National Accommodation Officer, in the Irish Traveller Movement.; The role of this officer is to:

Provide ongoing support and assistance to groups nationwide on a range of accommodation issues.
Implement training for Traveller representatives on the Local Traveller Accommodation Committees.
Organise regional seminars to update groups on developments in Traveller accommodation.
Support the Irish Traveller Movement Accommodation Working Group.
Respond to policy issues in relation to Traveller Accommodation on a regular basis.

Funds received from a private donor have allowed the ITM to employ a second National Accommodation Worker who works in partnership with the National Accommodation Officer.

Chapter Two Policy Context

This section provides information on the Traveller community generally, on the National Traveller Accommodation Strategy and outlines the policy developments in the area of Traveller accommodation.

2.0 Traveller Accommodation

Travellers are an indigenous ethnic minority who have been part of Irish society for centuries. Travellers long shared history, cultural values, language, customs and traditions make them a self-defined group, and one that is recognisable and distinct.; Their culture and way of life, of which nomadism is an important factor, distinguishes them from the sedentary (settled) population.[1] Travellers are one of the most marginalized and disadvantaged groups in Irish society experiencing high levels of racism, poverty, social exclusion, educational disadvantage, illiteracy, ill health and unemployment.; According to the Economic and Social Research Institute[2] Travellers are “a uniquely disadvantaged group: impoverished, under-educated, often despised and ostracised, they live on the margins of Irish society.”

There are an estimated 25,000 Travellers in Ireland consisting of more than 4,898 Traveller families.; This constitutes less than 1% of the total population.
In 2,001, 24.5% of Traveller families (1,017) were living on unserviced sites or by the side of the road.3 Unserviced sites lack the following basic requirements: regular refuse collection, running water, toilets, bath and showers, access to electricity, fire precautions and safe play areas for children.
Traditional camping areas have been blocked off in most areas of the country with boulders, low studded walls and muck heaps designed to keep Travellers from camping in areas. This has severely affected Travellers health and curtailed the right of Travellers to practice their nomadic identity.
There is little doubt that the living conditions of Travellers are probably the single greatest influence on health status. Traveller women live on average 12 years less than women in the general population and Traveller men live on average 10 years less than men in the general population.4
Traveller specific accommodation includes serviced halting sites, group housing schemes and transient sites.

The Report of the Task Force on the Travelling Community published in 1995 recommended that 3,100 new units of both Traveller specific accommodation and standard housing would need to be provided by the year 2000. Of these 3,100 units, it was identified that 2,200 of these should be halting site bays and transient bays and the remaining 900 should be standard housing and group housing. This figure has been used since 1995 as a yardstick by which Traveller organisations have measured what needs to be provided.

Very little progress has been achieved since 1995 with regards to the delivery of Traveller specific accommodation as the following figures illustrate:

Figures of the number of Traveller families accommodated between 1995 and 2001⁵

	1995	1996	1997	1998	1999	2000	2001	Total Increase in the Number of Families accommodated
Total Number of Families accommodated in Halting sites	1063	1143	1134	1148	1100	1152	1192	129
Total Number of families accommodated in Group Housing	301	321	324	339	356	380	456	115
Total								244

Most of the progress has being made in relation to providing standard housing as the following figures illustrate:

Figures of the number of Traveller families accommodated in standard housing between 1995 and 2001⁶

Total Number of Families accommodated in Standard Housing

1630

1741

1817

1900

1973

2110

2272

642

6. Department of the Environment and Local Government Annual Report of the National Traveller Accommodation Consultative Committee, 2001.

These figures highlight the lack of commitment that exists to provide accommodation for Travellers that meets their needs as a nomadic ethnic group in Irish society. The overemphasis on standard housing provision is having a detrimental effect on the Traveller community. In many areas Travellers are being encouraged to accept housing by local authorities where their first accommodation choice is a halting site.7

Once a family accepts a house there is little hope of them ever living in a halting site again. If Travellers try to challenge this legally they find that once they are in a house, there is little that can be done to secure a halting site. This policy of forcing Travellers to live in houses is strong in most areas and reinforces the assimialist approach ‘that if Travellers live in houses they will no longer be Travellers.’ Likewise the provision of different types of accommodation is essential to the overall effectiveness of the National Traveller Accommodation Strategy. Accommodation needs are not static and accommodation preferences may change over a period of time.

The reality of the general lack of provision of accommodation was expressed by the First Progress Report of the Committee to Monitor and Co-ordinate the Implementation of the Recommendations of the Task Force on the Travelling Community, it concludes that: (2001:13)

“The Monitoring Committee is aware that in reality one in every four Traveller families are currently living without access to water, toilets and refuse collection.; The accommodation provision has not kept pace with increasing demand over the past five years and the Committee would like to emphasise in the strongest terms the importance of having local Traveller Accommodation Programmes delivered in a way that clears the backlog in Traveller accommodation.; Local authorities have a crucial role to play in making progress in this area.”

2.1 Policy Developments

Policy developments within the last six years in the area of Traveller accommodation include:

The Report of the Task Force on the Travelling Community

The Task Force Report was published in July 1995. The Task Force recommended that a National Traveller Accommodation Agency be established to draw up, in consultation with local authorities, a National Programme for the provision of Traveller accommodation, however this agency was not established. Instead in 1996 the Department of the Environment and Local Government published the National Strategy for Traveller Accommodation which envisaged the provision of 3,100 units of Traveller accommodation and the development of a five year Traveller Accommodation Programme by each Local Authority.

Traveller Accommodation Unit

A Traveller Accommodation Unit was established in the Department of the Environment in 1996, with five full-time staff, to oversee the preparation, monitoring, implementation and co-ordination of Traveller accommodation strategies at a local level. The unit also acts as the secretariat for the National Traveller Accommodation Consultative Committee.; The unit is an important contact point for Travellers and Traveller organisations regarding local accommodation issues. However, because the Department of the Environment and Local Government have no powers to intervene locally and advance Traveller accommodation provision, in our experience there is little the unit can achieve in supporting the delivery of Traveller accommodation.

National Traveller Accommodation Consultative Committee (NTACC)

The Minister for the Environment & Local Government established the NTACC in 1996, to monitor the preparation, adequacy and implementation of Local Traveller Accommodation Programmes.; This group includes representatives of the Irish Traveller Movement, Pavee Point, the National Travellers Women's Forum, the County and City Managers association, county councillors, the Department of Environment and Local Government, and the Department of Justice, Equality and Law Reform.; The NTACC has proved to be a useful structure for consultation and debate on Traveller accommodation and has provided valuable guidelines for addressing the accommodation needs of Travellers. However, because it is not in a position to influence the implementation of the Traveller Accommodation Programmes its role is limited.

Guidelines

A number of Guidelines have been produced by the Department of the Environment and Local Government to assist local authorities in the development of their Local Accommodation Programmes.; These guidelines were prepared in conjunction with the NTACC. Traveller organisations contributed extensively to the development of these guidelines and in particular focused on issues such as consultation mechanisms at a national and local level, respect for Traveller culture, equality for Travellers and involvement of Traveller organisations in the assessment of their accommodation needs. Published guidelines include the:

Memorandum on Implementation, Housing (Traveller Accommodation) Act 1998,
This document ‘clearly details the obligations for local authorities in developing their local Traveller Accommodation programme.’8 However, the main weakness of the guidelines is that they do not contain a requirement to name the location of sites for Traveller Accommodation within the Traveller Accommodation Programmes (TAP’s).; This has left the TAP’s open to legal challenge in that they contravene the County Development Plans by not being site specific.
Guidelines for Residential Caravan Parks for Travellers (1998) and the Guidelines for Traveller Accommodation, Basic Services and Facilities for Caravans Pending the Provision of Permanent Accommodation (November 1998) are used by the Department of the Environment to assess the quality of the Traveller Accommodation proposals submitted to them by the Local Authority for funding. Some good examples of good practice have been implemented around the country such as the halting site and group-housing scheme at Roscrea, Co. Tipperary and Cherryfield halting site in Tallaght, Co. Dublin.
Guidelines for Accommodating Transient Traveller Families (November 1999) These guidelines set out the range of options that should be provided to accommodate nomadism which are:
To date very little provision of this nature has been put in place so the guidelines have made very little impact at a local level.
Guidelines for Group Housing Schemes (2002), which were published recently.
Guidelines for the Operation of the Local Traveller Accommodation Consultative Committees (LTACC’s). Following a review of the operation of the LTACC’s by the NTACC undertaken by Lisa Costello, guidelines for the operation of the LTACC were developed. The ITM hold training days for Traveller representatives and this forum has reported that the guidelines have been adopted by some LTACC’s but make very little impact on how the committee actually functions.

Local Traveller Accommodation Consultative Committees (LTACC).

Since 1998, LTACC’s;have been established in each local authority comprising elected representatives and officials of the local authority, Travellers and Traveller organisations. The role of the LTACC is set out in section 21 (3) of the Housing (Traveller Accommodation) Act, 1998 to ‘advise in relation to the preparation and implementation of any accommodation programme for the functional area of the appointing authority concerned.’

An evaluation of the Local Traveller Accommodation Consultative Committees conducted by Lisa Costello found that generally a significant strength of the LTACC is that it provides a roundtable forum between Travellers and the local authority. However, ‘a significant finding from the study was lower levels of satisfaction among Traveller representatives than other members, relating to both their input into the LTACC and the provision of advice for the Accommodation plan.’9;

Housing (Traveller Accommodation Act) 1998

The Housing (Traveller Accommodation Act) 1998 obliged each of the local authorities to adopt by 31st March 2000 a five year Programme for the provision of accommodation for Travellers.; The local authority is to take ‘reasonable steps’10 to implement the programmes by the year 2004. The range of accommodation to be provided includes standard local authority housing, group housing schemes, permanent caravan parks, transient halting sites and emergency provision.

The Memorandum on the Implementation of the Act provides for the following,

to prepare, in consultation with Travellers five-year programmes to meet the existing and projected accommodation needs of Travellers in their areas.
to allow for public input to the preparation and amendment of the programmes.
to ensure that local housing authorities implement the programmes.
to establish LTACC committees in each area.

The Memorandum is very specific about what should be included within the Traveller Accommodation Programmes and provides a clear indication to local authorities of what is required. However, it is not enforceable and acts as a guide only. The Act itself is not explicit which has proven to be its weakness. This coupled with the fact that it does not ‘oblige’ the local authority to implement the programmes means in practice there is little impetus to actually deliver on the programmes. However, legally if the local authorities do not deliver the programmes by 2004 they are at risk of being judicially reviewed for non-delivery.

Local Traveller Accommodation Programmes

The Memorandum on Implementation makes very specific demands on Local Authorities as to what Local Traveller Accommodation Programmes should contain.; This includes obligations in relation to:

Consultation mechanisms
A recent assessment of needs
Statement of Local Authority policy on meeting accommodation needs
A strategy for implementation
Measures for implementation

Following research commissioned by the ITM, conducted by Kathleen Fahey, which critiqued the Traveller Accommodation Programmes it was found that ‘all of these programmes have been adopted by the relevant Local Authority and submitted to the Department of the Environment and Local Government, it is clear that many do not meet the basic requirements or guidelines set down by Government.; Concerns include weak assessment procedures and figures, an overt focus on the provision of local authority housing, lack of recognition of nomadism or need for transient sites, lack of implementation details, targets and timescales and little focus on Traveller culture and tenant centred management procedures.’

Chapter Three Barriers to the Provision of Traveller Accommodation

This chapter will outline the key factors identified as barriers to the provision of Traveller accommodation.

3.0 Issues under the Planning Legislation

Introduction

Notwithstanding the fact that there is a statutory obligation to provide halting sites the provision of such accommodation is often delayed as a result of the requirements of the planning legislation. This is due to a number of issues. Firstly, the provisions of the housing legislation and the planning legislation are not properly integrated in that contrary provisions of the latter may frustrate the requirements of the former. Secondly, the procedures in respect of securing a grant of planning permission fail to take into account the special considerations, which arise in the context of the development of a halting site. Thirdly, the issue of provision of transient accommodation for nomadism needs to be factored in, as the present procedures are inappropriate to deal with this type of provision. Each of these points will now be discussed in turn:

3.0.1 Interaction of housing legislation and the planning legislation

As explained further below, local authority development is treated differently than private sector development and a proposal to develop a Traveller halting site can often become ensnared in procedural requirements. ;There is no clear connection between the provisions of the housing legislation and those of the planning legislation.

Local authority development in its own functional area is generally exempt from the requirement to obtain planning permission.13; It would appear at first glance that the local authority is in a special or privileged position.; In fact, as a result of other provisions of the planning legislation, it is often more difficult to obtain consent for local authority development than for private sector development.; The three main hurdles in this regard are as follows:; (i) the requirement to comply with the statutory development plan; (ii) the Part 8 procedure; and (iii) the requirement for consultation under the Housing Act, 1998.; Each of these is considered in turn.

(i) Statutory development plan

Under Section 178 of the Planning and Development Act, 2000, a local authority is prohibited from carrying out development, in its functional area, which would represent a material contravention of the development plan.; Under Section 10 (2) (i), it is mandatory for a local authority to include in its development plan objectives for the provision of accommodation for Travellers, and the use of particular areas for that purpose.; The combined effect of these two provisions would appear to be as follows.; The identification of locations for halting sites attract comprehensive procedures for public participation under the planning legislation, in respect of the preparation of the development plan, this invariably leads to delays.; Furthermore, the development of a halting site at a location, which had not been specifically identified in the development plan, represents a material contravention of the development plan, even if it is compatible with the general zoning of the area.

Therefore, there would appear to be a conflict between the provisions of the housing legislation, and the planning legislation.; In particular, whereas the Housing (Traveller Accommodation) Act, 1998 operates to remove the powers of the elected members by allowing the members to adopt an accommodation programme,15 there is a real risk that the elected members could overcome this restriction by simply failing to designate sufficient lands under the development plan.;

This lack of cohesion between the planning legislation and the housing legislation is further illustrated by reference to the decision in Byrne v. Fingal County Council. 16; The High Court held in this case that the prohibition on development in material contravention of the development plan was not affected by the manager’s emergency provisions.; Therefore, a restriction imposed on the power of the elected members was to be subordinated to the development plan.;

Therefore, at least two legislative initiatives that were intended to moderate the powers of the elected members are subject to the vagaries of the development plan.; This anomaly should be rectified.; A precedent for this is found under the transitional provisions of Section 27 of the Housing (Traveller Accommodation) Act, 1998.17

(ii) Section 179 / Part 8, Planning and Development Regulations, 2001

Any development where the estimated costs exceed €126,000 is, generally, subject to a form of public consultation under Section 179 of the Planning and Development Act, 2000.; The following two matters undermine the effectiveness of this public consultation procedure.; The powers of a local authority are limited in a general way under Section 179 in circumstances where, the proposed development consists of works which a local authority are required by or under statute to undertake.; Similarly in the case of East Wicklow Conservation Ltd. v. Community County Council,18 the discretion of a local authority was limited even as to the selection of a particular location.; It would be useful if it were made clear that the powers of the elected members can be restricted where the development is required in order to implement the Traveller Accommodation Programme.

(iii) Consultation under the Housing Act, 1998

Failure to comply with the consultation procedures under the Housing (Traveller Accommodation) Act, 1998 can result in the development of a halting site being restrained.; For example, under section 21 (3), a local authority is required to appoint the Local Traveller Accommodation Consultative Committee who advises in relation to the preparation and implementation of the accommodation programme. The High Court held in Jeffers v. Louth County Council,19 that consultation with the local consultative committee is required so as to allow the committee to advise, not only in relation to the preparation of, but also in relation to the implementation of, any accommodation programme.; On the facts of the case, Murphy J. ruled that the local authority should be restrained from carrying out any further development of a Travellers’ halting site unless and until the procedures prescribed under the Housing (Traveller Accommodation) Act, 1998 had been complied with.

Similar difficulties can arise where consultation is required under the development plan.; In Byrne v. Fingal County Council,20 the High Court held that it could be said to be a condition precedent to the finality of any proposal in relation to a halting site, and, accordingly, held that the intended works could not proceed in the absence of the commitment being satisfied.

3.0.2 Planning permission procedure

In some cases Travellers seek to develop halting sites on lands owned by them or their relatives. It would appear that the present position is unsatisfactory in that the procedures governing the grant of planning permission are inappropriate and discriminatory in relation to the development of halting sites, in a number of respects.

· The issue of discrimination within the planning system has been highlighted in recent times where Travellers have attempted to establish private halting sites, i.e. on lands owned by, or leased by, Travellers. There is not sufficient flexibility to allow an application for planning permission for development of this type of accommodation to be properly assessed.; For example, zoning objectives are rarely drafted in terms that would allow for such stand-alone developments.; Instead, the development plan will usually only identifies areas for the provision of large, public sector halting sites. It may be inappropriate to allow for the development of even a limited halting site in certain areas (for example, in a designated green belt or area of high amenity), there does not seem to be any reason why such developments might not come within the ‘open for consideration’ or ‘acceptable’ categories under agricultural zoning for example.; Also, the zoning objectives under a development plan should knit in better with the provisions of the Traveller accommodation programme, (especially in relation to the use of temporary halting sites, or transient halting sites).

3.0.3 Provision for Nomadism

Also, a number of issues need to be considered in relation to the provision of transient areas/sites for short-term stay to accommodate nomadism. The present procedure is inappropriate for regulating transient halting sites or in allowing for provision for nomadism.; The nomadic culture of the Travellers dictates that a certain number of short term or transient halting sites are available.; Typically, the lands involved will only be used as halting sites for a number of weeks or months a year.

Obviously, the lead in time involved in the determination of an application for planning permission is a particular issue in this context. The use of land to accommodate nomadism for a specified number of weeks throughout the year should be prescribed as exempted development, under section 4 of the Planning and Development Act, 2000. (In relation to the provision for nomadism some of the objections to this type of provision also relate to restrictions on land use see chapter 3, 3.0.1). This would enable some of the recommendations in the 'Guidelines for Accommodating Transient Traveller Families,’ produced by the Department Environment and Local Government, to be implemented. The Housing (Traveller Accommodation) Act, 1998 specifies that provision should be made for the annual patterns of movement of Travellers yet there have been few developments in this area of provision.

3.1 Lack of recognition of the distinct needs of Travellers.

The lack of recognition of Travellers distinct needs, as a nomadic ethnic group is a key barrier to the provision of appropriate accommodation. The Housing (Traveller Accommodation) Act, 1998 provides that it is essential that the provision of accommodation is done is a way that meets the distinct needs of Travellers.; Specific issues highlighted in the Department of the Environment and Local government Memorandum on the Implementation of the Programmes include: (Paragraph 25)

Provision of Traveller specific accommodation
Regard for the need of transient sites (for stays of short duration as distinct from sites or parks for caravans for use as a permanent home).; The Memorandum specifically states that ‘programmes should elaborate on this item in some detail’.
Sites used traditionally at certain times of the year
Facilities for regular visitors
However, ‘it is clear from the ITM’s research ‘that the majority of local authorities did not include the full range of options in their assessment.; Of those who responded to the ITM survey:
77% reported that accommodation preferences put forward in local assessments did not include
40% of survey respondents stated that a halting site was not put forward.
30% did not know what options were put forward

This is in direct contravention to the guidelines, which explicitly state that local authorities should give particular attention to the issue of transient sites.; As a result the preferences put forward (and the responses noted) in many areas display a strong leaning towards standard and group housing’.21

3.2 Racism

Racism towards Travellers throughout society is one of the key factors that contributes to the lack of progress in Traveller accommodation, reflected in the institutions charged with the delivery of Traveller accommodation. As stated in the First Progress Report of the Committee to Monitor and Coordinate the Implementation of the Recommendations of the Report of the Task Force on the Travelling Community “the distinct culture and identity of the Traveller community is a central issue to Travellers and should receive proper recognition. It is not fully understood and accepted by officials and elected representatives at local level who are responsible for the implementation of many of the Task Force Recommendations.”

Also, negative public perception toward Traveller accommodation seriously curtails its development. This negative perception arises from:

3.3 Lack of Implementation Measures

Lack of a centrally driven approach has proven to be a central weakness in the National Traveller Accommodation Strategy. This is reflected in the fact that even though some of the Traveller Accommodation Programmes, which were adopted in 2000 are not adequate, nothing has been done to rectify the situation. Likewise progress on implementation is inadequate but nothing has been put in place to ensure local authorities fulfil their obligations. This is compounded by the fact that there are no provisions contained within the Housing (Traveller Accommodation) Act, 1998 to ensure that accommodation is actually implemented.

There are three aspects of the legislation, which are of concern. Firstly, the way in which implementation is dealt with in the Traveller Accommodation Programmes is unsatisfactory. Under section 10, a local authority is required to include measures for implementation of the programme. There is no express requirement to specify a timescale within which implementation steps are to be taken. This has contributed, in part, to a situation where the programmes drawn up by local authorities are generally vague.

Secondly, the local authority is required to take only reasonable steps to implement the programme. The duty to implement should be put in explicit terms, given that the local authority itself has drawn up the programme and in the ordinary course of events there would appear to be no particular reason as to why it should not be in a position to implement it according to its terms. The European Commission against Racism and Intolerance Second Report on Ireland noted that ‘the fact that no sanctions are provided for in the Housing (Traveller Accommodation) Act, against authorities who do not take measures to provide accommodation for Travellers may weaken its effectiveness.’ The report goes on to recommend that measures should be taken to improve implementation.

Thirdly, a practice has developed whereby elected members require the manager to revert back to them during the course of implementation of the programme. Most of the programmes do not contain specific locations for the development of halting sites therefore certain local authorities have a requirement that the elected members must approve each development. This practice defeats the purpose of have a statutory programme to allow matters such as the location of a proposed halting site to be hived off elsewhere. It would appear to undermine the;safeguards built in to the legislation. Section 14 ensures that the TAP is adopted within a specified time frame; this prevents members from frustrating this process. It is therefore a contradiction to allow elected members to interfere constantly with the implementation of the programme. Matters of policy should be determined at the stage of the adoption of the programme: it should then be left to the manager to implement.

3.4; Introduction of Conflicting Legislation

The recent amendment to the Public Order Act 1994 put through in the Housing (Miscellaneous Provisions) Act, 2001, has undermined the National Traveller Accommodation Strategy. Section 24 of this Act criminalizes trespass on public and private land. Therefore, the Gardai on foot of a complaint can now move on Travellers who are waiting for accommodation within local authority areas.

Over 100 cases have been reported to the Irish Travellers Movement where families living on their own or in small groups, who are included in the Traveller Accommodation Programmes, are being moved out of or around areas since the enactment of the legislation in July 2002.

The legislation has also curtailed Travellers right to be nomadic as Travellers are unable to move due to the lack of availability of legal parking places. It is in direct conflict with the provisions of the Housing (Traveller Accommodation) Act, 1998, which states that the annual patterns of movement of Travellers should be provided for. This recent amendment has given local authorities an opt out clause where they can now move families on through the Gardai without providing necessary accommodation.

The government had claimed that this legislation was to deal with large-scale encampments of Travellers. In a government press release of the 25th of May it claimed the introduction of the law was necessary as ‘the existing powers in the Housing Acts to remove unauthorised encampments from public places were inadequate to deal with the large encampments which we have witnessed in the past year or two,’22 yet in practice it has indirectly given local authorities another power to move on Traveller families who are camped on their own who are waiting for accommodation.

3.5 The forced movement of Travellers with nowhere to go.

Section 10 of the Housing (Miscellaneous Provisions) Act, 1992 has been amended by section 32 of the Housing (Traveller Accommodation) Act, 1998 which extend the powers of local authorities to move Travellers on in the following circumstances:

Local authorities can serve notice to remove an ‘unauthorised temporary dwelling’ from an ‘unauthorised site’ under Section 32 where alternative accommodation is further than five miles from the unauthorised site
Local authorities can remove ‘unauthorised temporary dwellings’ where the dwelling is within a one-mile radius of other Traveller accommodation provided by the authority without providing alternative accommodation.

Section 21 of the Housing (Miscellaneous Provisions) Act, 2002 amended section 10 to provide for the movement of caravans within a one mile radius of any dwelling which has broadened the scope of this provision again without providing alternative accommodation.

The Memorandum on Implementation notes that “when availing of these powers it will be necessary for the housing authorities to apply at least a test of reasonableness on the distance to which the temporary dwelling must be moved.” Also, the power to serve notice under section 10(1) (c) is discretionary, as there may be situations where a housing authority has no objections to the temporary dwelling, pending the provision of permanent accommodation under the five-year programme. No further elaboration is given as to what a ‘test of reasonableness’ would entail or how the discretionary powers are used in practice.;

The use of these provisions is objectionable on a number of grounds. Firstly, the provisions allow the local authority to interfere with the fundamental rights of the Travellers (including the right to a home, and to bodily integrity) without any requirement for a court order.; It is quite wrong for such matters to be determined on the say so of the local authority:; the competing rights involved, those of the Travellers, and the wider public interest, are matters which can only properly be resolved by a court.; It is now established that the court may take into account any alleged breach of its statutory duty to provide halting sites in deciding whether or not to grant relief to Travellers.23

Secondly, in most circumstances the necessity for Travellers to reside in andunauthorised temporary dwelling’ is a direct result of the breach by the local authority of its statutory obligations to provide accommodation.; This tension between the statutory obligations of the local authority, and the appropriateness of enforcement action, is a matter that can only be properly resolved before the courts.; It is certainly not a matter, which the local authority should be permitted to determine given that the local authority is not disinterested but is conflicted by virtue of its statutory obligations.; It is precisely this balancing exercise between the rights of Travellers, and the public interest in proper planning generally, which is absent from the Section 10 procedure.

There has been an increased use of section 10 meaning that Travellers are moved on without been offered alternative accommodation. The Irish Traveller Movement conducted a telephone survey from the period August 2001 to August 2002 and found that 471 families had been served with notices to move on without being offered any alternative accommodation. The reality of this situation is that there are 1,017 Traveller families living in ‘unofficial’ camps without access to basic facilities such as water, toilets and refuse collection who face the fear of been evicted by local authorities.

3.6 The Weakening of the Role of the National Traveller Accommodation Consultative Committee (NTACC)

The manner in which the Housing (Miscellaneous Provisions) Act 2002 was introduced has seriously undermined the useful working relationship between Traveller organisations and the Department of the Environment and Local Government through the NTACC.

Over the last five years Traveller organisations have put huge resources into working with the National Traveller Accommodation Strategy. This has involved working through difficult issues with all the players involved. In November 2001, the Minister for Justice Equality and Law Reform established a working group to examine and report on the issue of larger scale Traveller encampments. The National Traveller Organisations were represented on this committee who in its final report concluded that if existing laws were enforced it would address the issue in full. The findings of this Committee were not taken into consideration by the Minister as the Housing (Miscellaneous Provisions) Bill, 2002 was published before the final report was finished.

The National Traveller Accommodation Consultative Committee, whose role is to advise the Minister on all aspects of Traveller accommodation, was not informed about the legislation. This legislation directly impacts on the accommodation situation and was a key area for the NTACC to advise the Minister. The bypassing of the NTACC in this way has led Traveller organisations represented on the Committee to question the relevance of their participation.

This Committee has finished its first 5-year term and is waiting for the Minister to re-establish it.

3.7 Local Traveller Accommodation Consultative Committees (LTACC)

The role of the LTACC is to advise on the implementation of the Traveller Accommodation Programme and design Traveller tenant participation strategies.

However, the weakness here is that in many cases the local authorities have not set targets for the delivery of their programmes. This makes monitoring of progress or lack of progress impossible.

In the main the LTACC’s have not been successful save a few exceptions. What contributes to the success of some LTACC’s is the good relationships developed between Traveller representatives and local authority staff who are able to progress some of the issues. Mostly, these committees have proven to be difficult arenas to work in.

The ITM conducts training days for Traveller representatives on the LTACC and what is mainly reported to this forum is that there is a lack of respect for Travellers represented on the LTACC’s, which is very vocal at meetings. The NTACC issued a Code of Practice for the operation of the LTACC but this does not seem to have made much of an impact. This feature coupled with the lack of progress on provision has caused Travellers to question the relevance of their involvement.

Chapter Four Lessons Learned from the Current National Traveller Accommodation Strategy

This section sets out the lessons learned from the engagement with the National Traveller Accommodation Strategy.

4.0 Positive Developments

There are a number of positive development that have been identified from the strategy to date, which are described below:

4.0.1 Traveller representation

The requirement on local authorities to establish the Local Traveller Accommodation Consultative Committee under the Housing Traveller Accommodation Act, 1998 includes the provision for representation for local Travellers and Traveller bodies. The necessity to ensure that Travellers were represented on the committees has highlighted the wealth of able and articulate Traveller representation that exists at local level.

The requirement under section 15 of the 1998 Act to draw up Traveller Accommodation Programmes has been a test of negotiation and policy development skills for local Traveller representatives. The development of accommodation programmes have in themselves been a focus point for the development of a strong Traveller voice at local level.

4.0.2 Local Authority Structures

The engagement with local authorities by Travellers and Traveller organisations has highlighted the diversity that exists within local authorities. The fact that local authorities are not homogenous entities, has allowed local organisations to develop and nurture local alliances with different sections within the local authority.

In some cases very positive working relationships have been built up between Traveller representatives and local authority officials, which have resulted in some issues being progressed in local areas.

4.0.3 Development of Local Traveller Accommodation Programmes

The requirements on local authorities to develop programmes for Traveller accommodation have for the first time meant that Travellers are engaged with the local authority on a formal basis and not as an afterthought or the result of a negative campaign from pressure groups.

The local accommodation programmes with all their faults do serve as a useful local barometer to measure progress or lack of progress.

4.0.4 National Traveller Accommodation Consultative Committee

The experience of working on the National Traveller Accommodation Consultative Committee has proved very useful and the committee was well resourced by the Department of the Environment and Local Government, Traveller Accommodation Unit. This committee provided for the development of initiatives in relation to Traveller accommodation and for debate on key issues facing Travellers.

4.1 Negative Developments

Some of the negative lessons learned are detailed below:

4.1.1 Local Authority Structures

The diversity within the local authorities may be one of the reasons for lack of progress on the provision of Traveller accommodation. The competing interests reflected within local authorities structures highlight visibly the struggle Traveller organisations face in ensuring the programmes are delivered on. Also, the constant turnover of local authority staff within the housing area ensures that Traveller accommodation is not given the appropriate priority it requires for real progress to be made. This has led to the situation there is little commitment to its implementation at senior management level within the local authority.

The issue of racism is central to the lack of progress on Traveller accommodation and accounts for many of the circumstances where local elected representatives on the consultative committees have exhibited blatant prejudice towards Travellers. This lack of understanding and inappropriate references to the Traveller community have caused much frustration and hurt among Traveller representatives on these committees.

4.1.2 Planning regulations

The lack of real legislative change with regard to planning provisions has meant that while obligations have been placed on local authorities, to develop plans for Traveller accommodation, a myriad of problems are thrown up by planning legislation as set out in chapter three.

The fact that local authorities are both planning authorities and housing providers means that the local authority are not responsible to any agency for its decisions in relation to its lack of provision of Traveller accommodation. This has frustrated the process in many cases again ensuring that very little progress is made.

4.1.3 Relationship with the local community

It has been well documented that local residents react swiftly to the news of a proposed site in their area. The impact of this reaction cannot be underestimated as it can seriously hold up the development of any Traveller accommodation either through the courts or through the actions of local elected representatives who mainly take up the position of the local residents. In South Dublin, in the last local election a local person was elected to council on her campaign to block Traveller specific accommodation. A survey conducted by Citizen Traveller showed that ‘when confronted with the possibility of an official halting site being established in their neighbourhood, 4-10 Irish people say they would be annoyed about the prospect.’24

Apart from a few champions there are very few elected representatives who are willing to stand up for Traveller accommodation and promote the need for this type of accommodation within local communities. There are many incidents that highlight this issue such as the adoption of the 1986 Traveller Accommodation Plan for the Dublin area were it has been documented that ‘public representatives adopted the 1986 plan, but their subsequent actions tended to indicate, at least, tacit support for residents’ objections, rather than a commitment to ensure that Travelling people’s accommodation was provided.’25 In recent years there are many occasions where elected representatives who adopted Traveller Accommodation Programmes in March of 2,000 are the very people who are opposing the provision of halting sites in their own areas.

4.1.4 The Introduction of negative legislation

The introduction of the Housing (Miscellaneous Provisions) Act, 2002 has seriously undermined the relationships built up between Travellers organisations and the Department of the Environment and Local Government.

The Irish Traveller Movement has put in place a monitoring system to ensure that incidents of its use are recorded. To date the Act has been enforced in a number of areas with dire consequences for Traveller families. The following examples illustrate this point.

In July 2002 in Ennis, County Clare, four families living in different locations and occupying the same lands for over 12 months were moved. These family’s caravans were confiscated leaving them homeless. These cases are currently being considered in the High Court. Since this period these families have been moved on several occasions, which is having a negative impact on their health and well being and that of their families. In Cork a family were moved from a safe location which they had occupied for over 16 months to a dual carriageway and in Clondalkin a family were moved in similar circumstances. All of these families are awaiting accommodation in the respective areas.

In some instances the local authority claim it is nothing to do with them and is a matter for the Gardai, which is ironic given that the local authorities are directing the Gardai to, move families off public land. This Act has provided an out for local authorities as they can indirectly move Travellers with out providing any alternative accommodation.

4.2 Case study of Wexford County Council.

The following case study from Wexford highlights the complexity of the issues involved and how progress can be frustrated at a number of stages:

Background.

Following the passing of the Traveller Housing (Accommodation) Act, a number of groups and Project's in the county began the process of ensuring that Traveller representation on the LTACC was going to be decided by Travellers with the support of Project’s, including Templeshannon CDP, in the County.;The first LTACC meeting was in April 1999.

Between April 1999 and July 1999, Traveller representatives and workers in the County undertook research so that real accommodation needs could be identified and that the necessary information regarding Traveller Accommodation needs could be fed in to the development of the Local Traveller Accommodation Programme.; In July 1999, the LTACC accepted the report produced by the Traveller sector. Overall the Traveller sector were satisfied that if the Traveller Accommodation Programme was delivered, it would meet the needs of families up to 2004.

The process was positive and good relationships developed between Travellers representatives and the county council staff, particularly with the Traveller Accommodation Officer within the local authority. The process was open and respectful of the issues, most of the time.; There were notable exceptions to this where some councillors displayed a lack of understanding of the issues and were unwilling to push ahead on may of the issues raised. The Traveller Accommodation Programme (2000-2004) was passed by the full Council in March 2000 with one vote against.

Progress to date

There has been no progress on the delivery of permanent halting sites. The land has been identified;and preliminary drawings have been completed but no construction work has started. There is no evidence that the elected members are prepared to support the implementation of the Programme regarding the provision of permanent or transient accommodation, as they seem to prefer group housing and standard housing as answer to Traveller accommodation issues. The Council continue, despite Traveller;representatives’ advice, to put ''pressure'' on Traveller's to accept standard accommodation with a vague promise that their first preference for halting sites will be delivered on eventually.;

There has been some progress on the delivery of Group Housing with six houses provided at Bunclody and the refurbishment of Marhmeadows permanent halting site in New Ross.;

Current Situation;

The full;Council refuse to;accept;their responsibility for the implementation of the Traveller Accommodation Programme. All Traveller Accommodation issues get referred to the four District Committees of the Council where the process gets further frustrated.;There is a high level of frustration amongst Traveller;representatives at the slow pace.;

The good working relationships can only achieve so much and without commitment to implementation it is difficult to envisage how the Traveller Accommodation Programme will be implemented by 2004. Due to staff changes and new management structures the good relationships built up have been affected where there seems to be less interest within the local authority to listen to the views of Traveller representatives

Chapter Five Possible Models for the Delivery of Traveller Accommodation

5.0 Introduction

This chapter sets out some of the possible options that could be put in place to address the barriers to the provision of Traveller accommodation. Two options are set out below.

Firstly, measures to strengthen the National Traveller Accommodation Strategy (NTAS) and secondly, three centralised structures are described which could be adapted to the provision of Traveller accommodation.

5.1 Option one: Strengthening the Current National Traveller Accommodation Strategy

In order to strengthen the current strategy a number of legislative and structural changes need to be put in place as follows:

5.1.1 Structural Change

In order to strengthen existing structures a number of changes need to be put in place at a local and national level

a. Local level.

i. Role of the Manager

To address the lack of priority given to Traveller accommodation within the local authority and the lack of commitment from local elected representatives to progress the issues, the Manager of the local authority should be given full authority and responsibility for the implementation of the Traveller Accommodation Programmes. This can be achieved through making Traveller accommodation an executive function within the local authority. The Manager should be empowered to direct development to proceed, notwithstanding the fact that this might involve a breach of the development plan where the development is consistent with the provision of, and is necessary for the implementation of the accommodation programme. It is the view of the Expert Group that the Manager should report directly to the National Traveller Accommodation Consultative Committee on an annual basis.

ii. Role of the Local Traveller Accommodation Consultative Committee (LTACC)

One of the key strengths of the current strategy has been the formal engagement of Traveller representatives and the local authority. The LTACC with its difficulties provides a mechanism for this consultation and discussion to take place. This structure should be strengthened to maximise its impact.

The LTACC should have the authority to set targets for and monitor the delivery of the Traveller Accommodation Programme and report directly to the Manager to advise him/her on progress. The LTACC should also appoint an independent chair to oversee the work of the committee. The LTACC should have a direct relationship with the NTACC and be required to meet with the NTACC on a yearly basis.

It may be argued that this approach runs contrary to local democracy, however, as has been outlined, ‘local democracy’ is actually blocking Traveller accommodation from being implemented therefore such an approach is warranted in the circumstances.

iii. Training and positive action programmes to promote anti-racism

One of the main barriers to the provision of Traveller accommodation is racism and discrimination. The following initiatives should go some way towards addressing this blockage:

· Local authority staff

There is a lack of understanding of Traveller issues among local authority staff, which has negative implications for the quality of service being provided. The Performance Management Initiative has been introduced to local authorities, which involves the setting of performance indicators linked to pay. One of the performance indicators should be for the provision of quality services and accommodation to the Traveller community.

· LTACC’s

It is important that good quality training is delivered on a national basis to the LTACC’s on Travellers issues. This would equip members of the LTACC to carry out their functions on the committee more effectively. Three percent of the revenue budget will be held for training within local authorities. It is vital that some of this budget is held for training on Traveller issues. A training package for use by all local authorities should be designed by the NTACC and implemented on a national basis, as to date much of the training in this area had been delivered on an ad hoc basis.

· Local Community

Building better relationships between Travellers and the settled community can be promoted through developing positive action schemes within local authority areas. Positive action schemes could involve promoting good models of Traveller accommodation in local areas. A practical example of this is to hold open days where good quality sites are put on display in local community centres to show what can be achieved with cooperation.

One of the key elements that must be addressed is the attitude of local elected representatives. They should take up a positive position in relation to the provision of Traveller accommodation. The national political parties have a crucial role in monitoring the local situation and addressing situations where their party members oppose Traveller accommodation developments.

b. National Level

i. The role of the NTACC

The key failure of the current strategy is that no one has the power to ultimately drive the delivery of the programmes. For example, some of the Traveller Accommodation Programmes do not meet basic standards yet no one has intervened to address their inadequacies. Likewise only 129 halting site units have been provided out of the necessary 2,200 yet nothing has been done to address this lack of progress. It is crucial that standards are set at a national level and that the failure to meet these standards is acted upon.

One of the methods to ensure this is to strengthen the role of the NTACC.

Its role should be extended to included the following:

require local authorities to draw up targets as directed by the Minister;
draw up a national programme for the provision for nomadism in cooperation with local authorities;
ensure that the Traveller Accommodation programmes are of a quality standard and that these standards are made uniform across the county.

Its main powers should include the following:

i) Where local authorities are defending legal actions in the courts taken by residents to block Traveller accommodation, the local authority should be entitled to recoup the legal costs. At present the cost of legal action in relation to Traveller accommodation is borne one hundred percent by the local authority.

ii) A national criteria for measuring progress in each local authority should be developed which would include the following indicators:

quality of Local Traveller Accommodation Programmes;
quality and quantity of LTACC meetings;
numbers of Travellers in the county versus number in need of accommodation;
percentage of the accommodation programme achieved;
probability of real progress over the next 18 months;

These indicators should be written into the Performance Management Initiative now operating within local authorities.

b. Legislative change

i. Housing (Miscellaneous Provision) Act, 2002

It has become apparent that any progress made through the introduction of specific housing legislation for Travellers, can just as quickly be undone by the introduction of legislation in any other area. This is clear from the recent amendment to the Public Order Act, which criminalizes trespass. The fear now is that any positive obligations on local authorities can be circumvented by the use of this Act. This law should be taken off the statute books if the National Traveller Accommodation Strategy is to be effectively implemented.

ii. Planning laws

The following amendments to the planning laws would remove some of the blockages in the planning systems to allow for the development of a range of Traveller Accommodation

The use of land as a transient halting site for a specified number of weeks per year should be prescribed as exempted development under Section 4 of the Planning and Development Act, 2000.
The Planning and Development Act 2000 should be amended to make the Traveller accommodation programme a mandatory consideration on an application for planning permission.
In relation to the development of private halting sites, such developments should come within the ‘open for consideration’ or ‘acceptable’ categories under agricultural zoning, for example.;
Zoning objectives under a development plan should knit in better with the provisions of the Traveller accommodation programme (especially in relation to the use of temporary halting sites, or transient halting sites).

iii.; Housing (Traveller Accommodation) Act, 1998

The following amendments to the Housing (Traveller Accommodation) Act, 1998 would allow for the above recommendation to be operationalised:

Option one:; Summary of recommendations to strengthen the National Traveller Accommodation Strategy:

Role of the Manager

Local Traveller Accommodation Consultative Committee

The LTACC should have the authority to set targets for and monitor the delivery of the Traveller Accommodation Programme and report directly to the manager to advise him/her on progress.

Promoting anti-racism

One of the indicators contained within the Performance Management Initiative should be for the provision of quality services and accommodation to the Traveller community.
Developing positive action schemes within local authority areas. Positive action schemes could involve promoting good models of Traveller accommodation in local areas. A practical example of this is to hold open days where good quality sites are put on display in local community centres to show what can be achieved with cooperation.
The national political parties have a crucial role in monitoring the local situation and addressing situations where their party members oppose Traveller accommodation developments.

National Traveller Accommodation Consultative Committee (NTACC)

The role and powers of the NTACC should be strengthened. Its main powers should include the following:

Legislative Change

A series of amendments need to be made to the Housing (Traveller Accommodation) Act, 1998 and the Planning Act to operationalise the above recommendations.
Section 19 of the Housing (Miscellaneous Provisions) Act, 2002 should be repealed.

5.2 Option Two: The Centralised approach.

5.2.1 Introduction

The experience of Travellers over the last thirty years has shown that the development of Traveller accommodation by local authorities soon becomes highly politicised at a local level. Relying on locally elected politicians to try and address this issue in a neutral and objective manner is failing and given the level of anti -Traveller prejudice that exists within council chambers it is probably unrealistic to expect they will drive home delivery of Traveller accommodation.

In this regard there would be advantages to a central approach in that it would be less personal, taking the politics out of the issue and avoiding some of the local barriers to the provision of Traveller Accommodation. Other advantages would be that the approaches to provision across the country would be standardised and it could mean that a plan for accommodating nomadism could be implemented from a national basis.

Key to the discussion of a centralised approach is the principle of community involvement. This requires active consultation, and participation of Travellers in meeting their accommodation needs. For this reason certain provisions included in the current Traveller Accommodation Act, are worth maintaining. The statutory requirement that Travellers and support organisations are included in developing accommodation programmes is something that needs to be retained.

Three models for the delivery of Traveller Accommodation were considered by the Expert Group (as described below).

5.2.2 The Northern Ireland Housing Executive (NIHE)

The NIHE is a regional authority for NI and derives its functions from legislation and the Housing Policy Review. It never had specific responsibility for Traveller accommodation but new Housing Legislation has given it specific powers.

The role of the Housing Executive is to:

The Housing Executive has a network of 37 district offices providing a local housing management service to its 130,000 tenants. The Executive, according to its annual report, has a tradition of customer focused housing delivery and attaches considerable import to its customer research programme. The Housing Executive has some powers and can use the Department of the Environment to threaten to CPO land in order to acquire it.

5.2.3 National Traveller Accommodation Agency

The National Traveller Accommodation Agency as recommended by the Report of the Task Force on the Travelling Community (1995) could be established on a statutory basis to draw up, in consultation with local authorities, a national programme for the provision of Traveller specific accommodation. The agency would consist of a chairperson to be appointed by the Minister for the Environment and nine directors drawn from the following three categories with balanced representation:

The functions of the Agency should be as follows:

The Agency should have the following powers:

Where a local authority fails to draw up an annual programme for the provision and refurbishment of Traveller specific accommodation, or where the Agency finds the local authority’s annual programme is inadequate the Agency should issue a directive to the local authority to rectify the identified problem;

5.2.4 National Roads Authority (NRA).

The NRA was established under the Roads Act, 1993, with effect from 1 January 1994. Its primary function is to secure the provision of a safe and efficient network of national roads - operating to international standards. The NRA has overall responsibility for planning and supervising the construction, improvement and maintenance of this network. The Authority works closely with local authorities that generally are responsible for specific road maintenance and construction projects.

In addition, the NRA has a number of specific functions under the Act, including:

preparing, or arranging for the preparation of road designs, maintenance programmes and schemes for the provision of traffic signs on national roads;
securing the carrying out of construction, improvement and maintenance works on national roads;
allocating and paying grants for national roads;
training, research or testing activities in relation to any of its functions.

Historically, the NRA has discharged these functions through the relevant local road authorities. However, it is empowered (where it considers it would be more convenient, expeditious, effective or economical to do so) to carry out such functions directly. The NRA has a general power to direct the local authority to do any other thing, which arises out of or is consequential on or is necessary or expedient for the purposes of or would facilitate the construction or maintenance of a national road.

The NRA has the ability to push forward on progress to implement the roads network. Its relationship with the local authority to carry out work locally is crucial to the success of its work.

5.2.5 Voluntary and Social Housing

There are two final issues that need to be raised at this juncture that were considered by the Expert Group. Firstly, the Expert Group considered the role of voluntary housing initiatives in the provision of Traveller Accommodation. It is recommended that the ITM needs to undertake research on the extent of provision for Traveller accommodation within the voluntary housing sector either within mainstream developments or specific Traveller accommodation provision and assess the viability of establishing a Traveller specific initiative in this area.

Secondly, the role of the twenty percent social housing requirement was considered. It was agreed by the Expert group that this initiative is an opportunity to develop Traveller accommodation provision and should be considered as such by local authorities.

5.3 Conclusions

In total, only 129 halting site bays have been provided since 1995 yet 2,200 bays are needed. Over 1,000 Traveller families live without access to basic services such as toilets, clean water supply, rubbish collection, washing facilities or safe play areas for children. The Traveller Accommodation Strategy has failed to address this situation and make a real impact on Travellers lives. The ongoing racism at an institutional and community level, inflexible planning laws and lack of a centrally driven approach has ensured that the delivery of Traveller accommodation is frustrated at every turn.

Having considered strengthening the current Traveller accommodation strategy;and the merits each of the agency models it is the view of the Expert Group that a Traveller Accommodation Agency should be established on an interim basis pending the enactment of legislation to place it on a statutory footing. This would ensure the backlog in provision of Traveller accommodation is achieved.

In considering the various agencies and their structures a number of conclusions were drawn. The Northern Ireland Housing Executive was established in the 1970’s where sectarian distribution of housing and shortage of housing stock was contributing to social unrest and political upheaval. Therefore, there was political will and a matching budget to ensure its establishment and effectiveness. Given the current climate of cutbacks and the fact that the provision of Traveller accommodation is a relatively small proportion of overall housing and accommodation need ‘as a model it may be too large to meet solely the needs of Traveller accommodation but could be considered as a model for all housing and accommodation’.27

The Report of the Task Force on the Travelling Community, 1995 considered the establishment of a National Traveller Accommodation Agency with the level of responsibility as outlined above and with dedicated resources and it is the view of the Expert Group that this type of model would be still effective in ensuring the delivery of Traveller Accommodation.

The National Roads Authority is one of the more powerful models examined as it has direct authority to act in cases of non-compliance. This model is attractive in the Traveller context as it has the power to implement where the local authority fails in its duty.; The relationship between the national body and the local authority is crucial to the success of its implementation strategy.;

In conclusion, the establishment of a national agency should contain the best elements of the model espoused in the Report of the Task Force on the Travelling Community combined with the powers of the National Roads Authority as the success of such an agency will depend on its powers of enforcement.

Chapter Six Recommendations

A unique opportunity to address the current crisis in Traveller accommodation exists given that the review of the Housing (Traveller Accommodation) Act, 1998 is due to take place and a new National Agreement is to be put in place.; The following recommendations if implemented would significantly address the situation.

6.0 General Recommendations

6.1 Specific recommendations

Minister for the Environment and Local Government

The Irish Traveller Movement (ITM)

ITM should undertake research on the extent of provision for Traveller accommodation within the voluntary housing sector either within mainstream developments or specific Traveller accommodation provision and assess the viability of establishing a Traveller specific initiative in this area.

Appendix One

Byrne v. Fingal County Council Unreported, Highcourt, McKechnie J., August 2, 2001.

Under the (then) Section 2 of the City and County Management (Amendment) Act, 1955 (as amended), a procedure was provided for whereby the manager was required to inform the elected members of an intention to carry out works.; It was then open for the elected members to direct by resolution that such works not proceed, subject to certain exceptions.; (See now Sections 138; 139; and 140 of the Local Government Act, 2001.); One of the exceptions to this procedure was where the works were necessary to address an emergency situation.; In this regard, emergency situation had an artificial definition and an emergency situation was deemed to exist where, in the opinion of the manager, the works concerned were urgent and necessary in order to provide a reasonable standard of accommodation for any person.;

1 Further information on Travellers and the Irish Traveller Movement can be found on the website www.itmtrav.com.; Other useful sites include Pavee Point www.iol.ie/~pavee, and Exchange House www.exchangehouse.ie

2 ESRI, July 1986, Paper 131

3 Source: Department of the Environment and Local Government

4 Traveller Health A National Strategy, Department of Health and Children, 2002-2005

5 Department of the Environment and Local Government Annual Report of the National Traveller Accommodation Consultative Committee, 2001.

6 Department of the Environment and Local Government Annual Report of the National Traveller Accommodation Consultative Committee, 2001.

7 Irish Traveller Movement, Consultation Seminars held with Members Groups, November 2002.

8 A Lost Opportunity- A Critique of the Local Authority Traveller Accommodation Programmes, Kathleen Fahey, April 2001.

9 Evaluation of Local Traveller Accommodation Consultative Committees, Lisa Costello, October 2,000.

10 Section 16 of the Housing (Traveller Accommodation) Act, 1998 provides that ‘a relevant housing authority in securing the implementation of an accommodation programme or an amendment to or replacement of an accommodation programme, take any reasonable steps as are necessary for the purposes of such implementation’.

11 Memorandum of the Implementation of the Housing (Traveller Accommodation) Act, 1998

12 A Lost Opportunity- A Critique of the Local Authority Traveller Accommodation Programmes, Kathleen Fahey, April 2001.

13 Section 4, Planning and Development Act, 2000

15 Section 14

16 See appendix one

17 The transitional provisions set out that any thing done, or act carried out, by a housing authority for the purpose of implementing an accommodation programme shall be deemed not to contravene a development plan in the period between the coming into operation of the (then new) obligation to include objectives under the development plan with respect to Travellers’ halting sites, and compliance with same. cf. Ward v. Donegal County Council unreported, High Court, November 30, 2000

18 [1997] 2 I.L.R.M. 72

19 Unreported, High Court, April 5, 2001

20 Unreported, High Court, McKechnie J., August 2, 2001

21 A Lost Opportunity- A Critique of the Local Authority Traveller Accommodation Programmes, Kathleen Fahey, April 2001.

22 Government meets Traveller Organisations, Press Release from Department of the Environment and Local Government, May 2002.

23 See, by analogy, South Buckinghamshire District Council v. Porter [2002] 2 P. & C.R. 218.

24 Attitudes to Traveller and Minority Groups in Ireland, survey prepared for Citizen Traveller by Behaviour & Attitudes Ireland LTD, February 2000.

25 Accommodating Travelling people, A report by Kieran Mc Keown & Brìd Mc Grath, CROSSCARE, June 1996

26 Recommendation DR.22 of the Report of the Task Force on the Travelling Community, July, 1995

27 Pavee Point & National Consultative Committee On Interculturalism and Racism, Background Document on Strengthening the Implementation of the Task Force on the Travelling Community, September, 2002.