Law is ‘draconian, repressive and anti-traveller,’ says group

LEGISLATION which allowed a district court judge impose prison terms on three travellers was yesterday described as “draconian, repressive and anti-traveller.”

Martin Collins of the Dublin-based Pavee Point organisation said the Housing (Miscellaneous Provisions) Act 2002 must be repealed.

“The legislation is a blatant attack on the nomadic identity of travellers,” he said.

Last Friday’s decision at Ennis District Court to impose prison terms on the three Traveller men was the first time that jail terms have been given under the 2002 legislation.

Last year, suspended sentences were imposed on two Travellers who established an unauthorised encampment in the Blackpool area of Cork.

The legislation allows gardaí to seize and impound Traveller caravans without the need of a court order and was put in place to deal with large illegal encampments.

Mr Collins said: “I am sickened by the decision. What will imposing sentences resolve in terms of providing suitable accommodation for these travellers? Nothing. The underlying problem here is the failure of local authorities to meet the accommodation needs of travellers.”

The three unemployed men before last Friday’s court, Kevin Maughan aged 19, John McDonagh, aged 19, and Patrick Mongan, aged 20, each pleaded guilty to summons arising from establishing an illegal halting site in the grounds of Ennis Town Council’s headquarters over two months last summer.

Imposing the sentences, Judge Joseph Mangan said: “Various sections of society are [from] time to time aggrieved at the actions and policies of officialdom. However, this court cannot condone any person in any circumstances taking the law into their own hands.”

Both Mr Maughan and Mr Mongan were jailed for 42 days, while Mr McDonagh was jailed for 21 days. All three consented to carrying out community service work in lieu of the prison terms, but were warned by Judge Mangan that if they opted to appeal, they would be appealing the jail terms.

Mr Maughan - who has a number of previous convictions - was issued with the maximum fine of €3,000 allowed under the legislation on two counts.

Mr Maughan and Mr McDonagh both admitted hauling their caravans with their vans on to the council property and were each disqualified from driving, for one year and six months respectively.