Nolan seeks to initiate review of laws relating to trespass on farmland

Independent TD for Offaly Carol Nolan is engaging with the Office of the Parliamentary Advisor (OPLA) within the Oireachtas as part of her intention to initiate a wide-ranging review of the legislation currently being applied to persons trespassing on farming/agricultural land.

Prior to the general election Deputy Nolan attended a number of meetings with farmers and agricultural/forestry landowners where deep concerns relating to trespassing laws 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,” said Deputy Nolan.

“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.

“This is not to criticise gardaí, who, apart from being too few in number in rural areas, can only operate within the confines of the law as it is presently articulated and who also do great work in terms of collaborating and advising the National Rural Safety Forum.”

Nolan highlighted that farmers she has met with wish to see trespass on farmland seen as a criminal matter, rather than as a civil matter as is currently the case.

"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.

“I do accept we have laws containing provisions specifically relating to the unauthorised entry onto and occupation of land, including farmland but 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."

She is currently said to be 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 and the National Rural Safety Forum,” concluded Deputy Nolan.