Carol Nolan introduces bill to expand trespass law to farmland

At the outset, allow me to express my sincere thanks to Karen O'Brien in the Office of the Parliamentary Legal Adviser and to Owen Garvey, Assistant Parliamentary Counsel, for their invaluable research and drafting assistance. Also my thanks to Luke Norton in the Bills Office for his assistance, as well as to Jill Gray in the Count Corlea's office. I also want to sincerely thank my own PA, David Mullins, for his research and very hard work on this bill. Minister, I am delighted to introduce this bill here today. It is aimed at addressing the offence of trespassing on farm and agricultural land. The Criminal Justice Trespass on Land Bill 2025 will seek to amend section 13 of the Criminal Justice Public Order Act 1994. The current wording of this section states, it shall be an offence for a person without reasonable excuse to trespass on any building or the cartilage thereof in such manner as causes or is likely to cause fear in another person. A cartilage is any land immediately surrounding a house or other building which forms an enclosure around the house. But it does not refer to land beyond that, such as farmland. However, my bill, if it clears all stages, will amend this section to include the following important substitution. It shall be an offence for a person without reasonable excuse to trespass on any building or other land thereof in such a manner as causes or is likely to cause fear in another person. In that sense, this bill simply seeks to broaden the scope of existing legislation to capture not just the land on which the farm buildings and the cartilage of the buildings are situated, but all farm and agricultural land. If accepted, I believe it would introduce a greater level of legal clarity for farmers and land owners, and it would also significantly expand the scope of the physical area that would be captured within the law of trespass. This is something that is urgently required of us all as legislators. I think it is also vitally important to remember that trespass affects not just farmers and landowners, but also entire rural communities where activities such as lurching are the unsanctioned use of quads, scramblers and motorcycles take place frequently on agricultural land. This is a huge problem, as we know from the IFA's 2024 survey that reported trespass as a top concern from approximately 50 per cent of 1,500 surveyed farmers, with 25 per cent experiencing civil trespass where there would have been walkers and unauthorised hunters. We know that issues like dog attacks on livestock often blur civil and criminal lines, but the 2024 survey found that 48 per cent of 800 respondents reported civil trespass cases outnumbering criminal. I think it is also worth pointing out that when the Criminal Justice Public Order Act 1994 was introduced, it was introduced during a time when there was perhaps a far greater level of respect for the rights of farmers. And we did not see such a contemptuous disregard by a substantial number of people for the right of farmers or landowners to simply say that you cannot trespass on this land. There is a sense now that many people believe they simply have a divine right to go where they like, when they like and do what they like on farm and agricultural land, and we have to counter that with all of the legislative tools at our disposal in addition to increased garden numbers for enforcement. I am also aware that this is a problem on state lands such as Quilche forests in the Sleeve Blooms, close to my own home, where there is a huge problem with reckless use of quads and motorbikes that is causing huge damage to public recreational amenities. These sports and activities are perfectly legitimate. Let me make that clear, but they must take place in properly sanctioned areas and not on farm or agricultural land without permission from the landowner. It is regrettable that we have to restate such simple, basic facts, but here we are. Minister, I believe this bill is a modest but important contribution towards the ongoing work of assisting farmers and landowners in dealing with the scourge of trespass, which is continuing to make a misery of so many people's lives, and I commend it to the House. Thank you Deputy and Minister. Is the bill being opposed? Not opposed. Not opposed. Deputy, the motion for leave to introduce is agreed. I would ask you to move that the second stage be taken in private members' time. I move. Thank you. Is that agreed? Agreed. Thank you.