Independent TD Carol Nolan has called for a review of the legislation currently being applied to persons trespassing on farming/agricultural land.

The Offaly deputy said she is engaging with the Office of the Parliamentary Legal Advisor (OPLA) within the Oireachtas as part of her intention to initiate the review.

Prior to the general election, Nolan spoke 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,” she said.

“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.”

Fines

There are provisions relating to the unauthorised entry onto and occupation of land, including farmland with fines 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,” added Nolan.

“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.

“What farmers are saying to me however is that a review must take place, particularly as the laws currently in place means that trespass continues to be seen as a civil rather than a criminal matter.

“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.”