Clare County Council has spent €20 million on Traveller accommodation in the county in the past decade, a new report prepared by the local authority has revealed. Jessica Quinn reports

 

 

TEN of Clare County Council’s accommodation units for Travellers are currently unavailable after being destroyed by arson or other forms of vandalism, a new report has revealed. According to the report, five units of accommodation have been destroyed by arson attack in the last 22 months. The council has also been unable to let refurbished houses in the Beechpark group scheme in Ennis due to “intimidation and threats within the Traveller community”.
The report on Traveller accommodation prepared by Bernadette Kinsella, director of housing, social and cultural services for Clare County Council, outlined that the local authority has spent €20 million on Traveller accommodation in the county in the past decade. The findings of the report were revealed at this week’s meeting of Clare County Council.
Ms Kinsella stated in her report that “the incidence of inter-Traveller disputes that result in tenanted council properties being damaged is high”.
Ms Kinsella outlined that the council’s investment in the provision of group schemes has resulted in there being 10 permanent group schemes and one temporary site in the county.
Within the 10 permanent developments, 48 houses and two apartments were constructed and allocated, along with 13 serviced bay units, with 10 units now destroyed.
According to Ms Kinsella, maintenance of Traveller accommodation is “high relative to other accommodation provided by the council”.
The report outlined there are “high security costs” on the Beechpark group scheme, which was the subject of criminal damage and “remains the subject of threat and intimidation since 2010”.
“Efforts to let three refurbished houses in this scheme are ongoing but unsuccessful due to intimidation and threats within the Traveller community,” stated Ms Kinsella. She added that while the council has reported all such incidences to the gardaí, “victim statements have not been lodged with the gardaí”.
In early July 2011, a house in Ballymaley, outside Ennis, was burned in an arson attack and a serviced bay unit was subsequently physically attacked. These incidences were reported by the council to gardaí and the units were secured by the council.
There was further over-expenditure on budget provisions for the current year as the council had to address “critical maintenance and estate management issues following damage and vandalism at Ballymurtagh (Shannon), Watery Road (Ennis) and Ballymaley schemes”.
The five units destroyed by arson in the past 22 months were in Beechpark, Ashline (Ennis) and Ballymaley. “Tenancy sustainment over time is an ongoing challenge and the turnover of accommodation units is a further driver of maintenance expenditure,” she said.
Outlining the actions taken by Clare County Council in relation to vandalism, damage and intimidation, Ms Kinsella stated the local authority reports all incidences to An Garda Siochana.
“Where properties have been destroyed by arson attack, five in the past 22 months, the council has secured the properties but has not refurbished them. Where properties have been physically attacked and vandalised but remain habitable, the council carries out essential works to prevent further financial loss arising from the initial damage and/or for the purpose of re-letting, where an approved applicant is available.”
In an effort to address some of the issues, Clare County Council has sourced funding for pilot initiatives in Traveller group housing schemes, including for the provision of CCTV installation at Beechpark, Ashline and Ballymurtagh.
Following a tender process, Respond will deliver a tenancy training and community development initiative within Traveller accommodation group schemes “with a view of promoting ownership, responsibility and neighbourliness”. Also, subject to identification of a suitable resource, the county council proposes the introduction of a tenancy management project.
“The housing department continues to participate fully in consultative and inter-agency partnership to address Traveller issues, including the Local Traveller Accommodation Consultative Committee and the County Development Board committees associated with the Clare Traveller Plan 2010-2013,” the report concluded.

 

1,300 complaints lodged with Equality Tribunal

LEGAL fees of hundreds of thousands of euro have been incurred by Clare County Council in defending complaints lodged with the Equality Tribunal on behalf of Travellers.
It has also emerged this week that the cost of the council’s successful defence of a High Court injunction taken by the Irish Traveller Movement to stop the local authority taking action against the occupiers of an unauthorised roadside encampment has been estimated at €65,000.
The cost of the proceedings emerged as part of the report into Traveller accommodation in the county. According to the report, the council’s dealings with Equal Status Act complaints lodged with the Equality Tribunal has had “a high financial and human resource cost”.
“Legal fees of several hundred thousand euro have been incurred to date in defending these complaints, in addition to an inestimable staffing cost,” stated Bernadette Kinsella.
Approximately 1,300 complaints were referred to the tribunal by Heather Rosen on behalf of Travellers, the report outlined.
“As each complaint carries a potential award of damages of €6,000, the council is exposed to significant potential cost,” Ms Kinsella stated.
To date, 73 decisions have been issued by the tribunal and all these cases were dismissed. There are 12 appeals pending in the circuit court. According to the report, “It is a feature of all the Equality Tribunal cases that every potential adjournment and appeal process is fully utilised by Ms Rosen, adding significantly to the council’s costs.”
In 2009, the council instituted judicial review proceedings to prohibit the Equality Tribunal from proceeding with hearings.
In July 2011, the High Court refused all the reliefs sought by the council in the judicial review proceedings. Included in the decision were findings that the Equal Status Act gave the minister power to specify procedures to be followed by the tribunal in carrying out investigations. However, no such regulations have been made regarding procedures. The decision also found that the current forms for making complaints are not required to be adhered to, as there is no prescribed form.
Ms Kinsella stated these matters were recently highlighted with Oireachtas members and are being referred to the Department of the Environment, Community and Local Government for the purpose of seeking the introduction of regulations to govern the complaint and investigation processes under the Equal Status Act.
The report also outlined that following service of a statutory notice in July 2011, the council had to defend an injunction application lodged in the High Court by the Irish Traveller Movement seeking to stop the council from proceeding with enforcement action against the occupiers of a temporary dwelling in an unauthorised roadside encampment.
The proceedings of the Irish Traveller Movement failed and counter-proceedings issued by the council were successful. A court order was obtained against the occupants of the unauthorised encampment to remove their temporary dwellings.
The report stated that in the past two years, Clare County Council has issued 201 statutory notices instructing the removal of temporary dwellings from unauthorised encampments. In most cases, the occupiers of the temporary dwellings were previously accommodated by Clare County Council or another housing authority and/or they have refused offers of accommodation.
There are currently five unauthorised roadside encampments being addressed by the local authority. The report states that the council has on three occasions in the past two years impounded temporary dwellings.
“In the course of implementing the legislative framework on unauthorised encampments, the council has identified some weaknesses in the provisions, which need to be addressed,” stated Ms Kinsella.
Clare County Council has contacted the Department of the Environment, Community and Local Government with a view to securing a review and revision of the roads and housing legislative provisions.
“The high incidence of tenancy turnover and roadside encampments are inter-related, given the very high proportion of the occupiers of roadside encampments who have been housed by this, or other housing authorities,” she stated.

 

Rent collection 34% lower than settled community

SOME members of the Travelling community have given “two fingers” to Clare County Council it has been claimed. A meeting of the local authority heard the percentage of rent collection for Traveller accommodation by Clare County Council is 34% lower than in the settled community.
Calls have been made to have council rents deducted from social welfare payments, while the local authority was also urged to spend no further money on Traveller accommodation until legislation is changed.
The report presented to members of Clare County Council described incidences of vandalism, arson and threatening behaviour, as well as outlining the resources being spent.
Tom Coughlan, town manager, told this week’s meeting of Clare County Council, “There is a relatively small number of families that are causing a lot of concern and costing us a lot of money that we don’t have”.
He stated Traveller accommodation was a “very difficult and complex issue”. He outlined that the last piece of legislation dealing specifically with Travellers was introduced in 1998. He also suggested that legislation may have to be re-examined.
According to Mr Coughlan, council staff are doing “their best all the time”, while he said a significant number of Traveller families have been accommodated and are happy. However, he went on to say there is a “limit to the staff and funding that the council can devote”.
According to Bernadette Kinsella, the percentage rent collection for Traveller accommodation from January to August 2011 is “low”. In the report, Ms Kinsella pointed out, “This situation cannot be accepted and the council is implementing its arrears policy in accordance with due process”.
Thirteen formal warning letters under the local authority’s code of practice have been issued, along with five notices to quit. Legal proceedings are pending in three cases in order to secure a court judgement, the report states.
At the meeting, Councillor Joe Arkins stated that rent payments should be deducted directly from social welfare payments. “There are only so many times you can get two fingers in the face. It’s all about their rights and entitlements but there is nothing said about their duty and responsibility,” he said.
Councillors Tommy Brennan and Bill Slattery urged the local authority to stop funding Traveller accommodation until new legislation is introduced by the Government.
At the meeting, Councillor Brennan argued that money has been “squandered” in trying to accommodate Travellers.
“How can they select the houses they live in and who they want to live beside them? The settled community can’t do that; they are allocated a house and they can take or leave it. Until legislation is changed, Clare County Council should spend no further money until these people can be controlled.” This suggestion was supported by Councillor Bill Slattery.
Councillor James Breen suggested that a representative of the gardaí should attend a meeting with councillors to discuss incidences of vandalism and arson in Traveller accommodation. He said action needs to be taken against illegal parked caravans in Barefield.
Councillor Patricia McCarthy described the report as “concerning”, adding that while “great efforts” have been made to provide Traveller accommodation, the vandalism and damage is “disheartening”.
Councillor Pascal Fitzgerald added, “There is an awful lot of money going down the drain. We provide the accommodation and they destroy it.”
Councillor Oliver Garry recalled that the local authority pioneered the building of Traveller accommodation and “when you see what’s happening now, it’s very hard to understand”.
Councillor Gerry Flynn stated the money being spent on Traveller accommodation in today’s economic climate is “unsustainable”, while Councillor Cathal Crowe described the expense as “alarming”.
“To paint all Travellers with the one brush is unfair but there is a thuggish element that don’t respect property that is given to them for free,” he claimed.
Councillor Johnny Flynn raised concerns about caravans that have moved onto the Gort Road, Ennis, claiming Travellers are using a housing estate as a “public toilet”, while Councillor Pat Hayes said the situation cannot continue and legislation needs to change.
Councillors Gerry Flynn and Michael Begley raised their concerns about the intimidation of the council’s staff.
According to the report, there are five full-time and one part-time staff member deployed by the council to work on Traveller accommodation issues.
“The majority of the focus is on resolving and responding to matters in respect of Travellers who have been accommodated by the council. The council’s capacity to continue to commit this disproportionate level of resources, in the context of our overall housing stock of 1,500 units and ever diminishing staff resources is seriously limited,” the report outlined.