Traveller housing legal quandary

THE Department of the Environment looks set to examine the legality of a decision taken by Clare County Councillors not to proceed with the construction of any new permanent group housing schemes for Travellers and to continue excluding the provision of transient sites in the county.

The controversy surrounding the provision of Traveller accommodation in Clare was back in the spotlight again this week amid claims the decision not to build any more Traveller dwellings in group schemes, which were identified in the 2009 to 2013 programme, is in breach of the 1998 Traveller Accommodation Act.

 

Martin Collins of Pavee Point has pledged to refer the approval of a new draft amendment to Clare County Council’s existing 2009 to 2013 Traveller Accommodation Programme to the National Traveller Accommodation Consultative Committee.

The committee, which includes representatives from the Department of the Environment, oversees the implementation of the 1998 Traveller Accommodation Act by local authorities.

Mr Collins claimed the council is legally obliged to take into account all types of accommodation for Travellers, including group schemes and transient sites, when it is drawing up its accommodation programme.

If there is no demand for these types of accommodation, Mr Collins felt the council would be able to present a case that this is in the best interest of local Travellers.

However, having made a presentation at a recent Joint Policing Committee in Clare and after discussing the issue with local Travellers, Mr Collins claimed there is a demand for some group housing unit and transient sites.

This is disputed by Traveller Accommodation Committee chairman, Councillor Brian Meaney who stated Travellers did not want to live in group schemes and noted other accommodation types are the preferred choice.

He stressed this decision was taken after a proper assessment and if circumstances change, the council could decide to build more group housing schemes in 2014 when the current programme ends.

Acknowledging that Travellers, the council and the gardaí had to deal with serious issues involving anti-social behaviour and criminality at some group schemes, Mr Collins stressed this doesn’t justify abandoning consideration for this type of accommodation from the authority’s current programme.

Clare County Councillors approved a draft amendment to the Traveller Accommodation Programme 2009 to 2013 at a Housing Strategic Policy Committee meeting on Tuesday and it is expected their recommendation will be fully ratified at a full council meeting in October.

The decision was taken after an extensive public consultation with prescribed bodies and voluntary agencies, which attracted just two submissions from the HSE Environmental Health Services and the HSE Traveller Health Services Section.

Clare County Council has stated that all its 10 permanent group housing schemes for Travellers, built in the county to the highest standards at a capital cost of €20 million, are complete with paths, public lighting, fire hydrants and green areas.

Seven of the 10 permanent group housing schemes consist exclusively of houses, while the other three comprise a mix of houses and serviced bay accommodation.

“The review and resulting amendment to the programme recognises the negative impact on quality of life of Traveller tenants, owing to adverse behaviour and this is reflected in the number of vacancies, 25% of all units provided; the high level of transfer requests, 27% of all current tenancies in group schemes and the loss of 7.9% of units through arson.

“The council continues to take practical measures, such as estate management and anti-social behaviour policies, CCTV pilot system, deployment of caretaker services, community development pilot project and participation in the Clare Traveller Plan under the auspices of the Clare Development Board.

“Analysis of Traveller housing applicants also indicates that accommodation types other than group schemes are the preferred choice of Travellers included in the Traveller Accommodation Programme. This finding is supported by the experience of members of the Local Traveller Accommodation Consultative Committee,” the council stated.

Councillor James Breen expressed concern that the Department of Environment hasn’t amended national legislation to give the council more power to deal with anti-social behaviour and other serious problems at Traveller accommodation sites.

Councillor Patricia McCarthy noted council officials had prepared a briefing document for Oireachtas members outlining certain changes in legislation but these haven’t been enacted to date.

Local Traveller representative, Heather Rosen, who shared Pavee Point’s concerns, also questioned the legality of this decision.

Ms Rosen blamed the high transfer and vacancy rates for group schemes on the “segregation” of Travellers by building high concrete walls, at huge cost, surrounding some sites.

She pointed out the Beechpark halting site was built in a hollow, which resulted in a sense of isolation amongst Travellers, who felt cut off from the neighbouring locality and this also made it more difficult to secure, as people entering the site could not be seen from the road.

She claimed the views of Travellers were constantly ignored when group housing schemes were being built, like the option of continuing traditions such as looking after horses or having a mobile home on the site, permitted in other local authorities.

Stating some Traveller dwellings are too small to accommodate large families with up to nine children, she claimed when Travellers tried to raise concerns about accommodation through the Equality Tribunal, these investigations were halted by the council, which took a failed High Court injunction that is now being appealed in the Supreme Court.

Dermot Hayes of Ennis CDP called for meaningful consultation with Travellers to try and provide more sustainable long-term solutions to accommodation in the county.