First Travellers Sentenced under Anti-Trespass Act
cork |
rights, freedoms and repression |
news report 
Monday November 24, 2003 02:45
by David McCarthy - Traveller Visibility Group
tvg at indigo dot ie
The Glen, Cork.
021 4503786
It is a crime to be homeless
Just so you know, the 2002 Anti-Trespass Act has been used by Cork City Council to convict members of two Traveller families in Cork District Court. Michael Faulkner and Kathleen Delaney were both sentenced to a month in prison, suspended for two years and one year respectively. This raises a constitutional concern regarding basic human rights to shelter and liberty, both of which are threatened by this bizarre anomaly in legislation.
Constitutional Concern
On Tuesday November 18th, two Travellers were given suspended prison sentences in Cork District Court. They were convicted under the Criminal Justice (Public Order) Act 1994, as inserted by Section 24 of the Housing (Miscellaneous provisions) Act 2002, commonly known as the Anti-Trespass Act. The sentences were suspended for two years.
There is concern about the constitutional implications of these convictions and sentences. Michael Faulkner and Kathleen Delaney, the two Travellers who were given the suspended sentences, should not have been charged under this law. When the Dáil passed the law in 2002, it was to prevent large groups of Travelling traders from spoiling public amenities. The Faulkners and Delaneys are just two ordinary families on the local authority accommodation waiting list. They have nowhere to go in the meantime. This was stated in the court. Cork City Council brought this prosecution against them for parking their caravan homes illegally, even though both families are on the City Council’s own accommodation waiting list. What protection do homeless Traveller families have when they are prosecuted by Cork City Council for parking their homes illegally, while that same Local Authority is processing their applications for accommodation under the 1998 Traveller Accommodation Act? This use of the anti-trespass legislation in these particular circumstances by Cork City Council raises questions about Travellers' constitutional rights to shelter and liberty. The actions of Cork City Council show that the situation of homeless Travellers is that they can be jailed simply by living, because there is nowhere legal where they may exist.
The TVG wants to ensure that this bizarre legal trap is removed from the statute books immediately, so that no further prosecutions like this can happen.
Contact is being made with all of the political parties to ask for assistance in seeking a Dáil decision to amend the Criminal Justice (Public Order) Act 1994 - as inserted by Section 24 of the Housing (Miscellaneous provisions) Act 2002 - to give protection from the act to families and individuals who have no place to go in order to avoid prosecution.
We are asking the parties to say:
1: If they are broadly in agreement with TVG's position, and if not, what other factors influence their opinion in this matter
2: If they can advise on how to proceed in seeking a Dáil decision to amend the 1994 legislation
3: If they are in a position to provide any practical assistance in achieving this.
Comments (4 of 4)
Jump To Comment: 1 2 3 4...a campaign with the Irish Council for Civil Liberties (ICCL)?
www.iccl.ie
It could be worth making contact to flesh this out further...
The Irish Council for Civil Liberties,
Dominick Court,
40-41 Lower Dominick Street,
Dublin 1, Ireland.
Telephone: + 353 1 878 3136 / 878 3137
Fax: + 353 1 878 3109
Traveller Focus Week: Images, Expressions, Rights
Wednesday 10th December
Launch of Information Leaflet 'Exploding Myths and Misconceptions about Travellers’
Opening of Exhibition Images of Identity - ‘Contemporary Irish Traveller Artists’
Venue St Michaels and Johns Building – Exhibition Space- Temple Bar, Dublin
Thursday 11th December
Expressions of Tradition A musical Celebration of Traveller Focus Week
Featuring – Master Piper Paddy Keenan, Liam O’Maonlai and Guests
Venue Liberty Hall, Dublin – Capacity 450 seated.
Tickets Available from the ITM office call Anne at 01 - 6796577
Tickets E15 limited availability email: itmtrav@indigo.ie
Exhibition continues.
Friday 12th December
Launch of ITM Nomadism Research Nomadism as a Human Right
Conference hosted by TCD Law Centre in conjunction with ITM.
Venue Trinity College, Dublin
Final Day of Exhibition
For further details contact Irish Traveller Movement at 01 - 6796577
E-mail: tmtrav@indigo.ie
A while back I posted a piece about a senior official who works in Cork Corporation. The link is below. He seems to abuse his position to make life miserable for Travellers, and there seems to be no reason for it. Now, the reason for the abuse is becoming more clear. It seems like the housing department in City Hall has more than its share of officials motivated by racial hatred. On Saturday evening November 22nd the Evening Echo carried a story on the front page about the prison sentence against the two Travellers. The corporation official quoted in the story seemed to have no problem jailing Travellers, even if they have nowhere to go. How did we ever get so far with people like these in positions of influence?
A crisis meeting called by the Traveller Visibility Group (TVG) has planned a national and local campaign to stop the prosecution of Travellers for having nowhere to live. The packed meeting was attended by members of the Faulkner family who were recently convicted in Cork District Court under the Criminal Justice (Public Order) Act 1994, as inserted by Section 24 of the Housing (Miscellaneous provisions) Act 2002. Also in attendance were elected representatives, Traveller and Settled Solidarity (TASS), and various staff from Traveller education services deployed by the Department of Education and Science. The City Manager Joe Gavin was unavailable and was not in a position to send a delegate. Senior Gardaí were not represented.
The meeting decided to seek cross-party support in the Dáil to amend the 1994 Act, so that Travellers on the accommodation waiting list could not be prosecuted under that Act. To help secure the public support for this change, a programme of public awareness is planned. The new Oireachtas Committee for Travellers may become a key vehicle for achieving this.
The meeting also decided to act locally, by planning an approach to Cork City Council to seek a cessation of the evictions, as the impact on the Traveller families was deemed unacceptable in a civilised society. The education professionals commented extensively on how it affected Traveller progress through the education system.
Evictions cause Traveller children to experience trauma
When Traveller children who are forced out of an area by eviction, the new schools where they attend often do not have access to their school records and so they need time to assess their progress, which impedes their education.
Against of overwhelming odds, Traveller families achieve excellent rates of attendance for their children. One child whose family was convicted under the 1994 Act twice, has attended school on 53 out of the last 56 school days. Two of the three absent days were due to the parents’ court appearances. Another roadside Traveller child achieved almost 100% attendance despite suffering a broken hand.
The meeting felt that existing Government agencies and Departments could do a lot more in seeking sensible interpretation of the law. In particular the new Education Welfare Board may play a role in challenging eviction practices where there is an obvious risk of damage to the education progression of the Traveller children.
Lastly, the meeting considered the position of the Travellers who have large fines to pay, and who face prison if they fail to pay them. It was agreed that efforts will be made to raise funds towards the payment of the fines.
A further series of meetings is planned, with senior Government politicians, the Education Welfare Board, the Social Inclusion Unit in Cork City Council, with senior management from Cork City Council, and with senior Gardaí.
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