Dáil Éireann Debate, Tuesday - 27 January 2026
161. Deputy Catherine Callaghan asked the Minister for Justice, Home Affairs and Migration his views on changing the laws on trespassing so that in criminal cases, the burden of proof lies with the defendant to prove that they had a right to be on the land in question, with regard to the challenges that the current law poses for farming communities in the State; and if he will make a statement on the matter. [6207/26]
Amharc ar fhreagraEveryone has the right to feel safe on their land, in their homes and in their communities. Any act that undermines someone's safety in these circumstances cannot and will not be tolerated.
Trespass is a civil wrong and, for the most part, falls to be addressed by means of a civil remedy. But it may also be dealt with under criminal law in certain circumstances and a range of offences are provided for in legislation.
There is already robust legislation in place in relation to trespass and therefore, my Department has no plans to amend the law in this regard, but the situation will be kept under review. Also, it is a long standing principle of our justice system that the burden of proof in criminal cases lies with the prosecution to prove a defendant's guilt beyond reasonable doubt.
Existing public order legislation provides for offences in relation to illegal trespass and occupation of land. It is also an offence for a person, without reasonable excuse, to trespass on a building or in the vicinity of a building in such a manner as causes or is likely to cause fear in another person. A person who is guilty of this offence for example is liable on summary conviction to a fine of up to €2,500 or imprisonment for a term of up to 12 months, or both.
I am very conscious of the impact that any criminality associated with trespassing on land or property can have on the sense of safety and quality of life for those impacted by it.
I would encourage anyone who is concerned about people trespassing on their land or is concerned about their own safety in this regard to please contact An Garda Síochána without delay. As I've said, there are laws in place to deal with such cases and I am assured by the Garda authorities that all incidents of trespass reported to the Gardaí are subject to thorough investigation and receive the utmost attention.
