92003E0357

WRITTEN QUESTION E-0357/03

by Christopher Huhne (ELDR) to the Commission

(12 February 2003)

Subject: Travellers

1. Is the Commission aware of the implications of recent legislative change, particularly in Ireland, that have caused an increase in traveller communities in neighbouring Member States?

2. Will the Commission describe these changes and also state whether they may potentially infringe any Treaty provisions including the Copenhagen criteria and those on the right of establishment and freedom of movement?

Answer given by Mr Vitorino on behalf of the Commission

(3 March 2003)

1. According to the Commission's information, the recent legislative change adopted in Ireland consists in the insertion into the Housing Bill of a clause that has the effect of amending the Criminal Justice (Public Order) Act, 1994, in such a way as to make trespass a matter for the criminal, as opposed to the civil, courts. This amendment will mean that a landowner, believing himself to have been trespassed upon, will be able to seek the assistance of the police, rather that fight his case alone through the civil courts.

The law will apply to people who seek to live temporarily on land that is not their own and therefore to travellers if they incur in such behaviour. With the force of criminal sanction, the police will be able to order persons trespassing to move on.

However, the Commission is not aware that this legislation has caused an increase in traveller communities in neighbouring Member States.

2. The Commission considers, on the basis of the information it has, that the above mentioned legislation does not infringe any Treaty provisions including those relating to freedom of establishment and freedom of movement.