Councils may be brought to court if 'transient sites' are not provided, writes Kitty Holland.
A "refusal to accommodate" the lifestyle of at least 1,200 nomadic Travellers could result in legal actions against almost every local authority in the State, a leading Traveller activist has said.
Mr Damien Peelo, co-ordinator of the Tallaght Traveller Community Development Project, told The Irish Times that the continuing failure of all - bar two - of the State's local authorities to provide transient sites for nomadic Travellers was a breach of the 1998 Housing (Traveller Accommodation) Act.
As the number of Travellers on the move increases dramatically during the summer, the failure was perpetuating "battles" between the settled community and Travellers.
Every local authority was mandated under the 1998 legislation to adopt a Traveller Accommodation Programme, which must include provision for transient sites, and to fully implement them by next March.
"I'd say Traveller groups all over the country are lining themselves up to begin legal actions in March. The legal route seems to be an effective way of enforcing rights," said Mr Peelo.
An estimated 1,200 Travellers are described as "transient", although this figure rises to at least 2,000 during the summer. The two transient sites - sites where nomadic Travellers can come, stay a few nights and move on - are in Co Donegal. A third, in Athlone, Co Westmeath, is nearing completion.
"As long as there are no official transient sites, nomadic Travellers are, effectively, being forced to break the law," Mr Peelo said. "And the anti-trespass legislation, which was introduced last year, has made things a lot worse."
The high-profile scenes, such as those at the Dodder in south Co Dublin two years ago, are "waiting to happen again", he added.
Meanwhile, in other parts of the country, such as Knock in Co Mayo, locals are preparing for the inevitable annual "stand-off" between themselves and the large numbers of Traveller families that arrive, particularly in August.
"It's very difficult to say how many nomadic Travellers there are," said Mr David Joyce, accommodation officer with the Irish Traveller Movement. The traveller organisation is finalising research on the issue.
Despite their obligations to provide for transient Travellers under the 1998 Act, not one local authority has carried out this kind of research.
Most, including Mayo County Council, argue that their priority is to accommodate their "indigenous Travellers".
Local Fianna Fáil TD, councillor and Knock resident Mr John Carthy told The Irish Times: "We have enough Travellers of our own without importing more."
Mr Carthy also sits on the council's Local Traveller Consultative Committee. The council has recently agreed to take a "look at" the findings the Mayo Traveller Support Group may soon present. It is beginning to record details of Travellers passing through the county.
"That is a chink of hope," according to the group's spokeswoman, Ms Ann Griffin. "We're hoping that might open a door to discussions about providing transient sites, which are absolutely vital."
In Knock, friction between Travellers and locals ended up in the Circuit Court last week. Mayo County Council was awarded costs against a group of Travellers from Rathkeale, Co Limerick who have regularly, illegally parked in the car-park adjoining the shrine, since overnight parking was prohibited there in 1998.
Although the council see this as a victory against the illegal encampment, locals doubt it will stop Travellers arriving, particularly around the Feast of the Assumption, on August 15th. No-one The Irish Times spoke to last week were happy when Travellers arrived at the place of pilgrimage.
Their presence affected trade, they shop-lifted and they left the place "in a terrible state" were some of the allegations.
Several, however, such as Mr Bernie Finn, who has run a stall near the car-park for 25 years, said it would be "good" if the council provided a transient site "a mile or so out of town", so they could visit "without upsetting people here".
Mr Carthy, however, said most who arrived in Knock weren't "real Travellers". "They're traders. We have no responsibility of care to them."
It is a distinction that rankles with Travellers.
"It's an artificial distinction used by local authorities as a basis for saying they don't have to provide for them. There's no reason at all why authorities couldn't charge rates to accommodate nomadic Travellers engaging in viable economic activity. The authorities provide infrastructure for the economic activities of the settled community."
The experience in Co Donegal, according to Ms Siobhán McLoughlin of the Donegal Traveller Development Project, has been that the provision of transient sites has all but removed illegal camping in the county and provided "a better starting point to build up good relations with locals".
However, she believes there is an underlying reluctance to accommodate or maintain Travellers living in mobile homes.
"The council has been really good at delivering standard housing but they haven't delivered on halting sites."
Although there are 17 emergency sites in the county, no permanent halting site has been provided since the county's Traveller Accommodation Programme was adopted in 1998.
A spokesman for the council said it was still seeking suitable locations for permanent sites.
One group housing scheme has been provided in Letterkenny. Ms McLoughlin said there are families who have wanted a halting site bay but, having waited so long, will take a house in the end.
"I genuinely think there is a policy to hope they will all take houses, to get the 'Traveller' out of them. It's like a subtle form of ethnic cleansing."
Mr Fergus McAteer, Traveller accommodation officer with Donegal County Council denied this. "We've gone out and asked them what they want and the majority want houses."
One council spokesman, who did not wish to be named, said the provision of a network of transient halting sites was a national issue and should be taken on by central Government.
Meanwhile, many Travellers said the whole accommodation issue should be taken over by the Department of the Environment next March.
One, who did not even want the part of the country she was speaking from identified, said no council wanted to have to provide Traveller accommodation.
"As long as councillors are looking over their backs for settled people's votes they are not going to address this."