TRESPASS LEGISLATION WHICH “prevents Travellers from practising their nomadic lifestyle” should be repealed, according to the Council of Europe’s commissioner for human rights.

It is one of a series of recommendations in a memorandum on the human rights of Travellers and Roma in Ireland which was published today by commissioner Michael O’Flaherty.

The Irish human rights lawyer took over the role in April last year, and met Traveller and Roma representatives in Dublin and Limerick in October.

The 2001 Trespass Legislation and the Housing Miscellaneous Acts of 1992 and 2002 still make it a criminal offence to trespass on any land which is private or publicly owned.

Travellers who breach the requirements of these laws face eviction and possibly imprisonment, and their trailers can be impounded.

In many places, boulders have been erected by the local authorities in what used to be traditional halting sites for Travellers.

The commissioner said these policies and the continued lack of provision of culturally appropriate accommodation prevents many Travellers from practising nomadism.

File image of commissioner Michael O’Flaherty. Alamy Stock Photo Alamy Stock Photo

Only an estimated 15-20% still live in mobile homes or trailers, often in substandard and overcrowded conditions such as on unofficial halting sites and without access to water or electricity.

O’Flaherty said the provisions preventing Travellers from practising their nomadic lifestyle should be repealed and measures should be taken to provide for “culturally appropriate accommodation at local level”.

He also called on authorities to address living conditions in halting sites, after “consistent accounts” of poor maintenance, rodent infestation, inadequate sanitation and waste disposal systems, and unsafe or intermittent electrical installations.

The commissioner’s recommendation is in line with calls from the Traveller representative group Pavee Point.

Martin Collins, co-director of Pavee Point, welcomed the report.

“In recent years, the State has delivered on a number of positive policy commitments and developments which Pavee Point has long called for in health, accommodation and inclusion, yet the report suggests that unless these policies receive funding, are implemented and structural racism is addressed; the day-to-day reality for Travellers and Roma on the ground will not change,” Collins said in a statement.

“The Commissioner’s report recommendations specifically mentions the crucial role of civil society working with the State in developing solutions.

“It also highlights the need for the State to implement the National Action Plan Against Racism as it is a crucial mechanism in addressing anti-Traveller and Roma racism and discrimination.”

That group said the legislation should be repealed, in particular for publicly owned land until an appropriate network of transient sites has been established.

The Government said a programme board has set up a sub-group to develop a protocol for a consistent approach for local authorities and Traveller households, taking account of the legislation for the removal of temporary dwellings.

It said the Traveller Accommodation Act 1998 is supported through Housing For All and provides for Traveller-specific accommodation measures.

O’Flaherty said he was told during his visit that a review of the trespass legislation is not currently considered.

He also said that “structural anti-Traveller racism and anti-gypsyism” in Irish society constitutes one of the main barriers to progress in the access to rights of Travellers and Roma, “permeating all aspects of their lives”.

He recommended that Irish authorities effectively address over-policing of the Traveller and Roma communities, including through an accessible independent complaints body and an ethnic identifier throughout the criminal process to ensure the contributing factors to the over-representation of Travellers in Irish prisons are addressed.

The commissioner also recommended that Irish authorities take measures to address racism against and bullying of Traveller and Roma children in schools, as well as ensure effective implementation of health and mental health plans.

Equality Minister Norma Foley said the report was “constructive”, while her department said most of the recommendations in the report will be acted on under the National Traveller and Roma Inclusion Strategy II 2024-2028.

She said: “While much has been done in recent years to address the issues faced by Travellers and Roma in Ireland, I am conscious that more remains to be done.”

Foley said her department was committed to implementing the inclusion strategy ensuring “active participation” of Travellers and Roma in Ireland’s social, economic, cultural and political life.