A Traveller couple and their three small children who are living in a caravan in a field in Co Clare without water, electricity or toilet facilities are in accommodation which is "wholly unsatisfactory by any reasonable standards" and "wholly unacceptable", the Supreme Court said yesterday.
However, while finding the family had established an arguable case that they are entitled to orders directing Clare County Council to provide them with appropriate accommodation, whether on an emergency basis or otherwise, the Chief Justice, Mr Justice Keane, said the court could not, at this stage, grant a mandatory order directing the council to provide such accommodation. To grant such a mandatory order prior to the hearing of the full action taken by the family against the council would effectively decide the action, he said.
On that basis, and on a second basis of the council's agreement to communicate the result of its assessment of the family's housing needs to the family, the Chief Justice directed the case should be heard on an urgent basis by the High Court and dismissed an appeal by the family against the High Court's refusal to grant a mandatory injunction against the council.
He also noted the council had formulated an "elaborate" housing programme for Travellers which set out the housing demand for that group as the council saw it and which drew a distinction between indigenous travellers, those residing in Co Clare for at least three years, and non-indigenous persons. The council granted priority to indigenous Travellers while not excluding others.
The three-judge Supreme Court, consisting of the Chief Justice, Mr Justice Murray and Mr Justice Geoghegan, was giving judgment on an appeal by Thomas and Rita O'Donoghue and their three children aged one, five and seven years against the High Court's refusal to grant them injunctions, prior to the hearing of their full action against Clare County Council, requiring the council to provide them with appropriate or emergency accommodation.
The court was told by Mr Mark de Blacam SC, for the O'Donoghues, that the family is living in a caravan in a field near Ennis without light, running water or sanitation facilities. The family claims some health problems they are experiencing are related to their poor living conditions.
The O'Donoghues claim they have been living in Co Clare for the most part of four years and are entitled to be treated as indigenous persons when their accommodation needs are being assessed.They also claim they are homeless persons within the meaning of the Housing Acts and are therefore entitled to priority under the Housing Acts.
Clare County Council denies the family are indigenous persons for the purpose of accommodation assessment and pleads that it is for the council to determine what priority they are entitled to in regard to housing.
