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Traveller Legal Unit

Irish Traveller Movement Traveller Legal Unit
Strategic Plan
2003-2006

Foreword

I am extremely happy to be associated with the Irish Traveller Movement Traveller Legal Unit. I have been acting for Travellers for over fifteen years and I have absolutely no hesitation in stating that, in my personal experience, no other group within Irish society comes remotely close to experiencing the level of prejudice and discrimination suffered by Travellers. This is particularly so in relation to their access to law. The need for a unit such as the ITM Traveller Legal Unit has been overwhelming for many years. Despite my concerns about the disadvantaged position of Travellers in relation to the legal system, and I have every faith in this system and I believe that if Travellers are properly advised and adequately represented their access to and standing within the legal system will improve beyond measure .I have absolutely no doubt that the ITM Traveller Legal Unit will assist enormously in this regard and I wish it every success.

Kevin Brophy

Brophy Solicitors

Introduction

This strategic plan sets out a vision for the work of the legal unit within the Irish Traveller Movement and ITM is excited by the opportunity of embarking on such an initiative.

The ITM has worked on legal issues effecting Travellers for many years. This has involved supporting Travellers being evicted with no where to go, lobbying for legislation that could impact positively on Travellers, campaigning against negative legislation and publishing documents and reports on Travellers and the law. In order to develop this work the ITM established a legal working group. This group involves legal professionals and Traveller organisations working together to develop responses to a range of legal issues and has been instrumental in developing the Traveller Legal Unit.

Over the last few years there have been a number of legislative developments of a positive and negative nature. The Employment Equality Act and the Equal Status Act give Travellers and other groups the opportunity to challenge discrimination in access to employment and goods and services. The Housing (Traveller Accommodation) Act 1998 has ensured that each local authority adopts Traveller Accommodation Programmes setting out how they will meet the accommodation needs of Travellers over five year periods. It is important that Travellers have the opportunity to exercise their rights under these various Acts. Likewise the lessons being learned from testing these legislative frameworks needs to feed in to the policy areas to effect changes where weaknesses are identified.

In contrast to this the introduction of section 21 of the Housing (Miscellaneous Provisions) Act, 2002, which criminalizes trespass on public and private land, has caused great hardship to many Travellers. This Act allows for the Garda to move Travellers with no notice on foot of a complaint by the local authority. In many cases the local authority have a duty to provide permanent and transient accommodation and this law is allowing local authorities to avoid their legal responsibilities. Section 21 has led to a huge increase in the numbers of Travellers being moved on with nowhere to go.[1] The Control of Horses Act 1997 has also proved very negative for Travellers. This law has prevented many Travellers from keeping horses, as the conditions for keeping horses in byelaw areas are impossible to meet. This has led to the erosion of an important cultural tradition within the Traveller community.

The legal unit will work in partnership with Traveller organisations in addressing these challenges over the next three years. This strategic plan sets out the following elements:

Rationale for establishing the legal unit
Structures within which the legal unit will operate
The consultation process undertaken with ITM member groups
The strategic goals and objectives of the work
The outcomes of the project

The work of the legal unit will compliment ITM existing activities and the ITM looks forward to working with Traveller organisations, legal professionals and various agencies in realising its goals.

1. Rationale for the ITM Traveller Legal Unit

Despite some legislative developments there has not been a significant improvement in the circumstances of Travellers. Between 1995 and 2002 only 129 new halting site bays were provided out of the 2,200 units needed. In 2003, 1,000 families still live on the roadside without access to basic services such as water and toilets. The level of discrimination experienced by Travellers has not decreased; reflected in the high level of cases and queries from Travellers handled by the Equality Authority.

In the year 2000, approximately 500 families nationwide were served with eviction notices without being offered alternative accommodation.[2] The evictions of families can be described as,

'The removal of families against their will from land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection.' [3]

In these circumstances families are given only 24 hours to move and must try to get legal representation and establish their case within this period. In practice it is impossible in most cases to get legal representation for Travellers who are facing eviction. The persistence of evictions of Travellers with nowhere to go is incompatible with the Irish government's international commitments; such as their commitment to the International Covenant on Economic, Social and Cultural Rights. To further compound this situation the government have introduced the Housing (Miscellaneous Provisions) Act, which criminalises trespass on public and private land. This means that over 1,000 families camped on public land are trespassing due to no fault of their own and can be prosecuted. Likewise Travellers will be unable to move from place to place to exercise their right to be nomadic due to the fear of committing a criminal offence.

In response to this situation the Irish Traveller Movement (ITM) monitors abuses of Travellers rights and lobbies for change on these issues. It also provides support to Travellers and Traveller organisations to respond to discrimination and accommodation issues. This principally involves organising 'Know your Rights' workshops and providing advice on aspects of the law and rights in particular cases. Where possible ITM tries to engage legal professionals to take Traveller cases, however, this has proven difficult on many occasions. Many legal professionals are not willing to take cases or have very little knowledge of Traveller issues so are unable to respond quickly in instances where Travellers have 24 hours to challenge an eviction notice. While ITM has developed strong links with a firm of solicitors willing to take cases, and with the Equality Authority who take on some discrimination cases, there nevertheless remains a very serious gap in the provision of legal services to Travellers.

In order to develop a comprehensive response the legal working group of the ITM organised a conference in 2002 bringing together Traveller organisations and legal professionals to examine how Travellers can access and use legal services more effectively. The outcome of this conference was the recommendation that ITM should establish a legal unit to target legal services and legal professionals; to ensure Travellers have access to these services and achieve equality before the law.

2. Structure of the Traveller Legal Unit

Central Group

The ITM Central Group manages the work of ITM and will have overall responsibility for the legal unit and employment of staff.

Legal Working Group

The legal working group will act as an advisory group to the legal unit and shall carry out the following functions:

Advisory - in relation to work in progress
Assist in the legal unit's work planning
Development and support
Undertake media functions when required
Assist in fundraising.

Sub-groups

Sub-groups will be established to carry out specific pieces of work as identified. Priorities will include research on the position of Travellers regarding the civil and criminal system and the development of the community advocacy programme. An Equality Sub-group will be established on a permanent basis to develop this strand of work.

Legal Unit Strategic Forum

A strategic forum will be established to target policy makers, service providers and centres of expertise on legal issues in relation to issues of equality. The forum will be comprised of representatives from:

The Equality Authority
The Human Rights Commission
The European Roma Rights Centre
The Department of Justice, Equality and Law Reform
The Legal Aid Board
The Garda Human Rights Section
The Court Service
The Law Society
The Independent law centres
The Children's Rights Alliance
Traveller Movement Northern Ireland
The Bar Council

The purpose of the Strategic Forum is to inform policy makers on issues emerging from the ongoing work of the Traveller Legal Unit and to examine changes that can be put in place to progress Traveller legal issues.

Retaining the services of a solicitors firm

The services of Brophy Solicitors will be retained to provide the expertise needed for ITM to establish the initiative. This expertise will equip the legal unit staff with the knowledge, skills and links to the legal profession that are needed to fully establish the unit in its own right.

3. The Consultation Process

The ITM held four consultation meetings on the legal unit with its member groups in Galway, Dublin, Roscommon and Waterford. From these sessions key issues and actions were identified for the legal unit, which are detailed below. A work programme, that will compliment the ongoing work of ITM, will be developed to respond to these issues.

Key issues

The following issues need to be addressed by the Traveller Legal Unit and through the ongoing work of ITM:

1. The lack of nomadic rights for Travellers and the blocking of traditional camping places

2. The historical discrimination experienced by Travellers

3. The continuing erosion of Traveller culture which is perpetuated by the introduction of negative laws such as the Control of Horses Act, 1997 and the Housing (Miscellaneous Provisions) Act 2002, and a lack of understanding and provision for Traveller culture

4. Traveller accommodation issues addressing the following concerns:

Lack of a constitutional right to culturally appropriate accommodation
Lack of consultation on the design of Traveller accommodation
Lack of implementation of the Traveller Accommodation Programmes
Lack of provision of culturally appropriate accommodation i.e. no space provision for a touring caravan or for economic activity
High numbers of families without services
Poor administrative procedures operated by some local authorities
Onerous tenancy agreements
Lack of provision for nomadism
Planning processes that act as a barrier to building new Traveller accommodation
Provision for young families, single Travellers and Travellers with disabilities
Lack of access to private rented accommodation
Quota systems in housing allocation that discriminate against Travellers

5. The eviction of Travellers with nowhere to go and the lack of protection for the family home

6. The poor health status of Travellers

7. The lack of rights for Traveller children

8. Strengthening the Equal Status Act to maximise its impact

9. The right to education for life; where Travellers have been denied access to education in the early years and addressing the failure of the state to provide for Traveller education

10. The negative experiences of Travellers in relation to the Garda service and the consequent lack of confidence this has created.

11. Lack of access to legal and other services in domestic violence situations

12. Lack of access to legal advice, particularly in rural areas and the negative comments made in relation to Travellers by some members of the judiciary

13. Discrimination and poor treatment of the Roma Community

Key Actions identified

Training for Travellers and Traveller groups on legal issues
The production of 'Know your Rights' information packs for groups in a range of areas
Development of strategic casework with a particular focus on advancing Travellers rights in identified areas
Establishment of a network of solicitors informed of Travellers issues and willing to take on Traveller cases
Development of the Community Advocacy Programme and accredited training opportunities
Training for solicitors, barristers and the judiciary
Development of work with the Legal Aid Board to improve access to its services
Monitoring of the treatment of Travellers in the civil and criminal legal system
Establishing a recording system for incidents and cases
Provision of advice to Travellers on a range of issues
Linking with agencies and services involved in legal issues
Using European and international instruments to advance the work of the legal unit
Inclusion of Roma issues within the work of the Traveller Legal Unit

4. Aim and Strategic Goals

The overall aim of the legal unit is to promote Travellers' human and legal rights as an ethnic minority group within Irish society.

Strategic Goals

To advance the right of members of the Traveller community to access expert legal advice and representation.

To advance Traveller human and legal rights under the various legal frameworks

To develop a range of strategic relationships with relevant bodies to ensure change in the situation of Travellers

To develop the capacity of Traveller organisations to respond to legal issues facing Travellers

Goal 1. To advance the right of members of the Traveller community to access expert legal advice and representation. This will be achieved by:

Providing advice and training to legal professionals on Traveller issues

Representing Travellers on cases of importance to the wider community

Developing a network of legal professionals willing to take cases

Developing resource packs with legal information relevant to Travellers targeted at legal professionals

Developing the Community Advocacy Programme in partnership with the Equality Authority to inform and support Travellers in accessing their rights under the various legislative frameworks

Designing and implementing, in cooperation with the various branches of the legal professions and its services, policies, projects and practices that address the unmet needs and changing demands of the Traveller community

Examining the barriers for Travellers in accessing legal aid and designing strategies to address these barriers

Accessing and creating opportunities for and supporting Travellers to avail of training in the legal profession

Goal 2. To advance Traveller human and legal rights through the courts and under the various legislative frameworks. This will be achieved through undertaking the following:

Undertaking strategic casework to advance Travellers rights as a nomadic ethnic group in Irish society

Lobbying the government, to ensure it is meeting its obligations under European and International Covenants, though submissions and research to resource the government in these areas

Establishing monitoring systems to highlight and address abuses of Travellers human rights

Examining the impact of case law, European and International instruments on Travellers and developing strategic legal responses to the situation of Travellers

Developing timely submissions to impact on law reform with regards to legislation that has negatively impacted on Travellers such as section 10 of the 1992, Housing Act as amended by Section 32 of the Housing (Traveller accommodation) Act, 1998

Goal 3. Developing a range of strategic relationships with relevant bodies to ensure change in the situation of Travellers is achieved. This goal will be achieved through:

Liasing with the Equality Authority, Human Rights Commission, the Legal Aid Board and the Free Legal Advice Centres on cases of particular strategic importance

Establishing a strategic forum, which will involve a range of players, to inform them of key legal issues facing Travellers and key areas of work arising out of the legal unit

Ensuring that Travellers have access to the legal aid system

Providing training to the legal profession on legislation affecting Travellers

Goal Four: To develop the capacity of Traveller organisations to respond to legal issues facing Travellers. The Traveller Legal Unit will achieve this through:

Providing support and advice to Travellers and Traveller organisations on legal issues

Providing training to Traveller organisations on legal issues

Developing resource packs with legal information relevant to Travellers targeted at Traveller Organisations

Developing the Community Advocacy Programme in partnership with the Equality Authority to inform and support Travellers in accessing their rights under the various legislative frameworks

5. Proposed outcomes of the Traveller Legal Unit

The negative impact that legislation has on Travellers will be highlighted with the government departments responsible

Strategic links will be made with the Legal Aid Board, the Equality Authority and the Independent law centres with a view to increased access and use by Travellers of mainstream legal services

The implementation of a Community Advocacy Programme in cooperation with the Equality Authority will be achieved

Increased capacity of local Traveller organisations to respond to legal issues on a countrywide basis will be achieved

A number of timely submissions will be targeted at the reform of legislation

Travellers will have legal representation on a number of cases of particular importance to the wider community

European and international instruments and legislation will be examined and responded to in terms of their impact on Travellers

A network of legal professionals willing to take cases for Travellers will be developed

Resource materials will be developed and delivered

The eviction of Travellers with nowhere to go will be challenged including the Trespass law

Travellers' access to legal services will be increased

The lack of culturally appropriate accommodation provision will be challenged

A human rights discourse will be developed.

Conclusions

ITM look forward to the challenges ahead and hope that the legal initiative will provide another mechanism to advance Travellers human rights. The legal unit will be a catalyst for discussion and debate on legal issues and will provide opportunities to inform Travellers of their legal rights. The legal unit will engage with the legal system to work for justice and fairness for Travellers before the law. Much of the work will also involve campaigning for laws to be repealed that are impacting negatively on Travellers lives.

The key premise on which this initiative is based is access to justice for all Travellers. In working towards achieving this we look forward to working with other groups and the independent law centres in securing greater access to legal services for those most excluded in Irish society.

Irish Traveller Movement

The Irish Traveller Movement is a national representatives organisation established in 1990 and has a membership of over 90 Traveller organisations and individuals working together within the Traveller community. The Irish Traveller Movement consists of a partnership of Travellers and settled people committed to seeking full equality for Travellers in Irish society. It seeks to bring the skills and resources of Travellers committed to changing their situation together with those of the settled community committed to supporting Traveller initiative. The organisation is structured to ensure that its policies and programmes are Traveller led.

The Irish Traveller Movement was formed as a national platform, with the aim of bringing Travellers and their organisations together to: -

Highlight the issues faced by Travellers and to press for real solutions.
Debate ideas and formulate and promote culturally appropriate initiatives.
Provide those active at a local level with support and solidarity.
Develop alliances at national level.
Challenge the many forms of individual, structural and institutional racism with which Travellers have to deal.

Contact Details:

David Joyce - Legal development worker

Phil Mullen - Administrator

Thomas McCann - Equality worker

[1] It is important to note that if a family do not move immediately their caravans may be seized rendering them homeless as has happened in Ennis in July 2002.

[2] Source: ITM telephone survey August 2002

[3] UN Committee on Economic, Social and Cultural Rights.