Call for review of legislation covering trespass on farmland

A review of the legislation governing the issue of trespass on farmland is urgently required, according to an independent TD.

Deputy Carol Nolan is currently engaging with the Office of the Parliamentary Legal Advisor (OPLA) within the Oireachtas.

This is part of the Offaly TD's intention to initiate "a wide-ranging review" of the legislation currently being applied to persons trespassing on farming and agricultural land.

Deputy Nolan said that she had attended a number of meetings with farmers and landowners where deep concerns relating to trespassing legislation as insufficiently robust were expressed.

“This is an issue that is at the forefront of many farmers minds, and it is beyond time that it was dealt with at the legislative level, which is precisely what I intend to do.

“It is extraordinary to me that when farmers or landowners contact An Garda Síochána, they are often told that a garda can only intervene if there is a threat to commit a criminal offence or if criminal damage has taken place.

"Now I ask you; how can anyone think this an appropriate response," she said.

Carol Nolan, TD
Carol Nolan, TD

Deputy Nolan said that it was not her intention to criticise gardaí who she added “can only operate within the confines of the law as it is presently articulated".

“What farmers are saying to me however is that a review must take place, particularly as the laws currently in place means that trespass continues to be seen as a civil rather than a criminal matter.

"I am seeking legal guidance on the possible implications of changing that approach, because it is certainly something we need to explore in terms of potentially making trespass a criminal offence in and of itself.

"The laws at present are just not acting as the deterrent they were designed to be," she added.

Deputy Nolan acknowledged that current legislation contains provisions specifically relating to the unauthorised entry onto and occupation of land, including farmland.

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However, she noted that the fines in this area "generally are at the limit of €4,000".

"There is a strong argument that this is nowhere near enough as the anecdotal rise in lurching and illegal hunting activity on farmland would suggest.

“At the moment I am engaging with the OPLA on the possibility of amending existing legislation or bringing forward a new bill that would increase the severity of penalties for trespass on farm/agricultural land.

"I hope that this Bill can be submitted in the very short term and that I can then facilitate a full debate on the matter in the Dáil having engaged with stakeholders including farming organisations, the National Parks and Wildlife Service (NPWS) and the National Rural Safety Forum," the TD said.

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