Call for legislation to deal with ‘illegal encampments’

Councillors in North Clare have called for a change in legislation to allow for immediate removal of “illegal encampments”.

 

Councillor Joe Arkins accused people who park illegally overnight as “giving the two fingers to Clare County Council and gardaí”.

Councillors close to the M18 tabled motions calling for the council “to fence off all areas where unauthorised parking has caused and continues to cause, huge problems for local residents”.

However the council’s senior engineer in Roads and Transportation has said that “to cater for some of these areas would result in an increase in vulnerability in respect of areas which may now be regarded as least vulnerable” and that “relocation of the problem doesn’t constitute resolution”.

“In an effort to reduce staff, legal and court costs to the council arising from the management of unauthorised overnight parking and encampment,” Councillor Joe Arkins from Ruan requested that the area engineer “carry out an audit of all council property in North Clare to ensure that adequate provision is made to prevent any unauthorised overnight encampments and to also request Galway County Council, who were the lead agency for the Gort-Crusheen bypass, to either fence off unused portions of land acquired for the construction of the carriageway and crossings or to offer such lands for sale back to the adjacent landowners.”

Tubber’s Councillor Michael Kelly echoed that request asking that the council “call on the NRA to make funding available, through the Roads Department of Galway County Council who were the administrators of the Crusheen Bypass, to fence off all areas where unauthorised parking has caused, and continues to cause, huge problems for local residents.”

In response, Tom Tiernan, senior engineer in Roads and Transportation stated, “There are many areas throughout North Clare which, theoretically, could accommodate unauthorised parking or encampment and therefore to ensure that adequate provision is made to prevent unauthorised overnight encampments would involve considerable expense and allocation of resources that haven’t been provided for.

“To cater for some of these areas would result in an increase in vulnerability in respect of areas that may now be regarded as least vulnerable. This has been the experience in endeavours to deal with problems of a similar nature in other parts of the county in the past – relocation of the problem doesn’t constitute resolution. Vigilance is important and awareness of where a situation is likely to arise can be effective at significantly less cost.

“Galway County Council has been requested to put resources towards dealing with the surplus lands issue associated with the Gort/Crusheen motorway. From early May of this year the maintenance and operation of the motorway is being taken over in its entirety by the NRA and this includes responsibility for dealing with unauthorised parking and encampments.

“Councillors concerns will be articulated to both Galway County Council and the NRA with an addendum expressing the view that fencing off of vulnerable areas should be seriously considered,” Mr Tiernan concluded.
Councillor Arkins said that individuals involved in illegal overnight camping “just want to flout the law”.  He suggested that “some of the people have rented property elsewhere and are just doing this for the summer”. The Fine Gael councillor claimed the law isn’t strong enough and called for an engineering solution to stop illegal camping “in places that are attractive for the purpose”.

“There are a lot of areas that are too open and lend themselves to this activity and I would ask that pressure be put on Galway County Council” to deal with the issue.

“Rather than going to court, we could save ourselves €30,000 to €40,000 if we look at these areas and come up with an engineering solution so that it doesn’t happen again,” he said.

Councillor Kelly told the meeting that “The legislation is far too weak and we should get it amended to make sure this type of thing doesn’t happen again.” He said that farmers are putting bales into their gateways to stop individuals illegally parking in them.

“It is not good enough that these people pull in and say ‘we are not going to abide by the law of the land’,” he added.

“We need the NRA to make sure these areas are fenced off and secondly that the legislation is strong enough that when they pull in, they can be moved,” he said.

“Within 24 hours,” Councillor Arkins added, before saying that “they are giving the two fingers to Clare County Council and to gardaí because we have to go to court and it will cost them nothing”

Councillor Arkins claimed that at a “recent encampment” in Crusheen there had been a “series of anti-social behaviour” which he said included “adults drinking in the playground.”

“Pleading they have no place else to go, that day is gone,” he said.

Councillor Richard Nagle pointed out that the issue of illegal parking is not confined to the M18.

“Every summer we have the problem, particularly in relation to coastal areas like Clohane in Liscannor. People just arrive when the weather improves and take over the area.”

“These people seem to be well aware that the courts close for the month of August,” he claimed, adding “we need a change in legislation so that it can be dealt with quickly and adequately.”

“The only solution is a change in the legislation that allows instant action to prevent these things done. Every time there is a check done these people have houses elsewhere but when the good weather comes they take off and you or I can’t do that,” Councillor Nagle stated.