Proceedings against two Traveller couples adjourned to allow talks

Talks are to take place aimed at resolving a dispute between two couples facing the prospect of being jailed over their alleged failure to vacate an unofficial halting site in Co Tipperary and the local council, the High Court has heard.

Ms Justice Leonie Reynolds had in early July made orders in favour of Tipperary County Council against several people whose presence at Cabragh Bridge, Cabragh, Thurles, it is alleged constituted a public nuisance.

Some of the people at the site had moved on in compliance with the orders, but the council claimed that two couples and their families had remained at the site, in contempt of the court’s orders.

Arising out of their failure to move, the council, represented by Karina Kinsella, brought a motion seeking the attachment and committal to prison of William and Elizabeth McCarthy and John and Winnie McCarthy.

When the matter returned before the High Court on Friday, Ms Justice Reynolds was informed that the McCarthys had moved approximately 200 yards from Cabragh Bridge.

One of the defendants, Elizabeth McCarthy, who said the couples were not able to get legal representation, said they were now “on the side of the road,” with no running water and had “nowhere else to go”.

Unsuitable accommodation

She added she had to travel a few miles into Thurles to get hot water for bottles for her infant child. There had been running water at Cabragh Bridge, she said.

She said that accommodation offers from the local authority had been made to her family but were not suitable. She said she had been offered a house in an estate in an area where there was a lot of drug dealing and anti-social behaviour.

The halting site offered to her she said was just “a green field” in the “middle of a bog”. She said that she understood there are a lot of homeless people in Ireland, but all she and her family wanted was somewhere suitable to go.

She also told the court that she was willing to meet and talk with the council.

Winnie McCarthy told the court she and her family were in a similar situation to that of Ms McCarthy’s family and had also moved a short distance from Cabragh Bridge.

Both women also apologised to the judge for leaving the court before the motion for attachment and committal to prison was last before the judge.

In reply, Ms Kinsella said the council was willing to meet with the McCarthys, with a view to providing them with alternative accommodation away from Cabragh Bridge.

Counsel said while the council was seeking an adjournment to allow discussions take place with the families, there was a dispute whether the McCarthys’ recent move to a new location was in compliance with the orders granted by the court.

Urgent situation

Ms Justice Reynolds said she was prepared to grant one further adjournment to allow talks between the families and council take place.

The judge, who said the situation was urgent, said she hoped those discussions would resolve matters.

The matter will return before the court later this month.

The injunctions require the defendants to remove their mobile homes, vehicles and caravans from Cabragh Bridge, and not cause any obstruction to the roadway. The defendants are also required to vacate and cease residing on or anywhere in the vicinity of Cabragh Bridge, which it says is an inappropriate and unsuitable place to reside.

The dispute centres around Tipperary County Council’s plans to accommodate Travellers, who had resided on the bridge for many years, in a six-unit group housing scheme, which is ready for occupation.

The council said the defendants who had moved to the site on various dates between 2015 and September 2018 were not among the families due to be accommodated in the new scheme.

The council has offered the defendants help in securing alternative accommodation, but has told the High Court that it needs the site at Cabragh Bridge cleared.