IRISH TRAVELLER IRISH TRAVELLER MOVEMENT MOVEMENT

INDEPENDENT LAW CENTREINDEPENDENT LAW CENTRE

Public interest law in action – Public interest law in action – using the law to face current using the law to face current

challenges challenges Dublin, 16Dublin, 16thth April 2010 April 2010

Siobhán Cummiskey, Managing Solicitor, ITM Law CentreSiobhán Cummiskey, Managing Solicitor, ITM Law Centre

PART IPART I

ABOUT THE LAW CENTREABOUT THE LAW CENTRE

Introduction to Law Introduction to Law CentreCentre

Established June 2009 Established June 2009

Funded for 3 yrs by AP under PILAFunded for 3 yrs by AP under PILA

Recognised Law Centre -SI No.103 2006Recognised Law Centre -SI No.103 2006

1 of 6 Law Centres in the country1 of 6 Law Centres in the country

One employee – solicitorOne employee – solicitor

Work of the Law CentreWork of the Law Centre

1.1. Legal Advice Legal Advice

2.2. Strategic case workStrategic case work

3.3. Legal EducationLegal Education

4.4. Policy WorkPolicy Work

Legal AdviceLegal Advice

Phone queriesPhone queries

Local group Local group referralsreferrals

Legal Outreach Legal Outreach ClinicsClinics

Strategic Case WorkStrategic Case Work

EducationEducation Accommodation Accommodation

Challenges to criminal trespass legislationChallenges to criminal trespass legislation Provision and standards of Provision and standards of

permanent/temporary/transient accommodationpermanent/temporary/transient accommodation

Recognition as an Ethnic MinorityRecognition as an Ethnic Minority Equality in Access to ServicesEquality in Access to Services

Legal EducationLegal Education

Community Legal Community Legal EducationEducation

Legal Pack for Legal Pack for lawyerslawyers

Conferences and Conferences and seminarsseminars

Policy WorkPolicy Work

Oireachtas Committee Oireachtas Committee on Travellerson Travellers

Shadow Reports to Shadow Reports to Human Rights BodiesHuman Rights Bodies

Collective Complaint to Collective Complaint to European Committee of European Committee of Social Rights Social Rights

PART IIPART II

TRAVELLERS AND THE RIGHT TRAVELLERS AND THE RIGHT TO ACCOMMODATIONTO ACCOMMODATION

Types of Traveller Types of Traveller AccommodationAccommodation

Traveller SpecificTraveller Specific

- Serviced Halting SiteServiced Halting Site- Group HousingGroup Housing- Transient SitesTransient Sites

GeneralGeneral- Local Authority Local Authority

HousingHousing- Private house Private house

PurchasePurchase- Private Rented Private Rented

AccommodationAccommodation

Relevant LawRelevant Law

Traveller SpecificTraveller Specific Section 13 Housing Act Section 13 Housing Act

1988 – gives council 1988 – gives council power to provide, power to provide, manage and service manage and service sites for Travellers.sites for Travellers.

Housing (Traveller Housing (Traveller Accommodation) Act Accommodation) Act 1998 – assess need, 1998 – assess need, draft TAP, caravan draft TAP, caravan loans, set up LTACC, loans, set up LTACC, acquire sites.acquire sites.

GeneralGeneral All Housing ActsAll Housing Acts

The IssuesThe Issues

1.1. Failure to implement TAPSFailure to implement TAPS2.2. Failure to provide and maintain culturally Failure to provide and maintain culturally

appropriate accommodationappropriate accommodation3.3. Practice of forcing Travellers into standard Practice of forcing Travellers into standard

accommodationaccommodation4.4. ““Illegal” EvictionsIllegal” Evictions5.5. Discriminatory practices in private rented Discriminatory practices in private rented

accommodationaccommodation6.6. Discriminatory practices of govt bodiesDiscriminatory practices of govt bodies

1. Failure to Implement 1. Failure to Implement TAPsTAPs

Act states that local authority must produce Act states that local authority must produce TAP every 5 yearsTAP every 5 years

TAPs are unenforceable under 1998 Act (s.16 TAPs are unenforceable under 1998 Act (s.16 “reasonable steps to implement” but no “reasonable steps to implement” but no sanction)sanction)

In 1995 3,100 units of Traveller specific In 1995 3,100 units of Traveller specific accommodation assessed as needed accommodation assessed as needed

TAPs 2009-2013 promise: 13 LAs new sites, 2 TAPs 2009-2013 promise: 13 LAs new sites, 2 refurbishing sites, 5 transient sitesrefurbishing sites, 5 transient sites

2. Failure to 2. Failure to Provide/Maintain Culturally Provide/Maintain Culturally

Appropriate AccommodationAppropriate Accommodation Decline of nomadism: failure of local Decline of nomadism: failure of local

authorities to provide transient sites authorities to provide transient sites under s.10(3)(c) of the 1998 Act – only 5 under s.10(3)(c) of the 1998 Act – only 5 LAs include them in their current TAPsLAs include them in their current TAPs

No facility for culture: Control of Horses No facility for culture: Control of Horses Act 1996 – unlicensed horses on council Act 1996 – unlicensed horses on council or other land impoundedor other land impounded

3. Practice of Forcing 3. Practice of Forcing Travellers into Standard Travellers into Standard

AccommodationAccommodation University of Limerick -v- Ryan & Ors University of Limerick -v- Ryan & Ors HC 1991 HC 1991

- “Section 13 [of the Housing Act 1988] must be - “Section 13 [of the Housing Act 1988] must be taken to intend that the obligation of the taken to intend that the obligation of the Council to provide for housing needs extends Council to provide for housing needs extends …to the provision not of dwellings but of …to the provision not of dwellings but of caravan sites”caravan sites”

Numbers of Travellers accommodated on Numbers of Travellers accommodated on halting sites has decreased year on year since halting sites has decreased year on year since 2003 (NTACC 2008 annual report) 2003 (NTACC 2008 annual report)

PRA up 24% (LA Annual Count 2009)PRA up 24% (LA Annual Count 2009)

4. “Illegal” Evictions4. “Illegal” Evictions

Roads Act, 1993-Roads Act, 1993-instantaneous can be carried instantaneous can be carried out without your presenceout without your presence

Criminal Trespass-Criminal Trespass-almost instantaneous, Garda almost instantaneous, Garda directiondirection

S.10 Housing Act-S.10 Housing Act-24 hour notice24 hour notice EPA Act 1992EPA Act 1992- - court order reqdcourt order reqd Local Government (Sanitary Services) Act 1948Local Government (Sanitary Services) Act 1948 – –

2 convictions2 convictions Section 27 of the Planning Act 1976-Section 27 of the Planning Act 1976- injunction, injunction,

court ordercourt order Current cases: Local govt (warning letter), Current cases: Local govt (warning letter),

Trespass (Judicial Review)Trespass (Judicial Review)

Evictions contd…Evictions contd…

UN GuidelinesUN Guidelines Basic Principles and Basic Principles and

Guidelines on Guidelines on Development-Based Development-Based Evictions and DisplacementEvictions and Displacement UN 2007: appropriate UN 2007: appropriate notice, public hearing, no notice, public hearing, no evictions in inclement evictions in inclement weather/at night/prior to weather/at night/prior to school exams, food and school exams, food and shelter aftershelter after

Draft letter to GardaiDraft letter to Gardai

ECHR – Article 8ECHR – Article 8 Stanková v. SlovakiaStanková v. Slovakia ECHR ECHR

2007 an eviction by a public 2007 an eviction by a public authority without providing authority without providing any alternative any alternative accommodation in violation accommodation in violation of Article 8, despite the fact of Article 8, despite the fact that it was in accordance that it was in accordance with national law. with national law.

Current case: JR criminal Current case: JR criminal trespass argues Article 8trespass argues Article 8

5. Discriminatory 5. Discriminatory Practices in PRAPractices in PRA

Access to accommodation Access to accommodation

Treatment of tenants Treatment of tenants

Current cases: cutting utilities (Equality Current cases: cutting utilities (Equality Tribunal), changing locks (letter), breach Tribunal), changing locks (letter), breach of contract (PRTB)of contract (PRTB)

6. Discriminatory 6. Discriminatory Practices of Govt BodiesPractices of Govt Bodies License Agreements/Caretaker’s agtLicense Agreements/Caretaker’s agt

Over 18’s policy Over 18’s policy

Planning permissionPlanning permission

Current cases: caretaker’s agrt (letter), age Current cases: caretaker’s agrt (letter), age (Equality Tribunal), PP (Judicial Review)(Equality Tribunal), PP (Judicial Review)

Further informationFurther information

Law Centre website: Law Centre website: http://www.itmtrav.ie/http://www.itmtrav.ie/ (click on Law Centre)(click on Law Centre)

Article on Travellers and Ethnicity: Article on Travellers and Ethnicity: http://http://humanrightsinireland.wordpress.comhumanrightsinireland.wordpress.com//

Legal Pack on Law & Travellers:Legal Pack on Law & Travellers:

http://www.itmtrav.ie/keyissues/legalunithttp://www.itmtrav.ie/keyissues/legalunit

IRISH TRAVELLER IRISH TRAVELLER MOVEMENT MOVEMENT

INDEPENDENT LAW CENTREINDEPENDENT LAW CENTRE20102010