Travellers’ solicitor wants taps, not lawsuit

THE provision of a tap and a toilet is all it will take to call off impending High Court challenges that could cost the taxpayer up to €5 million in legal bills, a solicitor representing Travellers said yesterday.

According to solicitor Kevin Brophy, acting for over 50 Traveller families, all his clients want is for officials to agree to provide emergency facilities such as roadside toilets and taps until accommodation and halting sites can be provided.

For this assurance they want to meet Minister for the Environment Martin Cullen, and with Mayo and Clare local authorities.

If these officials decline to meet the Travellers and make the commitments demanded, Mr Brophy will issue 20-25 High Court proceedings relating to the alleged failure of local authorities to provide halting sites and accommodation for Travellers.

Mr Brophy describes the proceedings as “can’t lose cases”. He urged the Minister to meet his clients to save taxpayers millions of euro in legal fees. He said many High Court cases can accumulate legal fees of around €200,000, which could bring the total bill for 25 cases to more than €5m.

Mr Brophy said he wrote Minister Cullen two weeks ago urging a meeting with his clients in an effort to prevent the High Court challenges from going ahead. He gave the Minister a two-week deadline to respond to his request.

He has also sought similar meetings with local authorities in Castlebar,

Ballina, Ballinrobe, and Ennis. While the local authorities have acknowledged his letters, he is still awaiting a response from the Minister’s office. As a result, he started filing proceedings in two cases yesterday. More cases are due to be filed this week.

“My clients know they are not going to get a house or adequate halting site facilities by Christmas, but they do want to know their situation is being considered and that emergency action will be taken so they can have running water and a portaloo provided for them.

“One family has been waiting for a house for 14 years. Their children have never had running water or a proper toilet. They are frustrated with living on the side of the road. They know local authorities will not act unless there is a gun to their heads. Legal action is that gun,” Mr Brophy said.

“I don’t believe we can lose. It is a statutory obligation for local authorities to provide housing or halting sites for Travellers. I would not have taken these cases on unless I could succeed,” he said.

Mr Brophy, who has acted on behalf of Travellers before, said many local authorities have said to him the money spent defending court action could be better used to provide services for Travellers. However, he points out they are not acting on the opportunity he has given them to avoid court cases and save money for use on Traveller accommodation.

Last night Minister Cullen’s office said Junior Minister Noel Ahern, who has special responsibilities for housing, has responded to Mr Brophy, refusing the offer to meet. A spokesperson said legislation precluded the Minister from involvement in individual housing disputes. Clare and Mayo County Councils did not comment on the matter.

“There is still an opportunity to talk. The court costs only build up closer to the hearing. All my clients want is to feel their situation is being dealt with,” Mr Brophy said.