In the recent judgment of Delaney & Ors v. Galway City Council [2010] IEHC 302, judicial review proceedings were taken against Galway City Council, alleging breach of the Council's statutory duty of provisions under the Housing (Traveller Accommodation) Act 1998, when adopting the Traveller Accommodation Programme (TAP) 2009-2013. The action arose as a result of a meeting of the applicants and the respondents on 9 February 2009.
The purpose of the act is to "amend and extend the housing acts...to make provision for the accommodation needs of travellers." It expressly provides that "in preparing a TAP, the relevant housing authority must also have regard to the needs identified, the distinct needs and family circumstances of travellers and the provision of sites to address the accommodation needs of travellers other than as their normal residence, but taking into account their annual patterns of movement."
The Council prepared the TAP 2009 - 2013. Significantly, it identified the need for two halting sites within the city as a necessary accommodation need for travellers. The draft TAP was placed before the Councillors for adoption on 9 February, 2009. However, a joint motion passed at this meeting did not include implementation measures. The Applicants challenged it on this basis.
Mc Mahon J. found that the joint motion passed at the meeting did not have the effect of emasculating the TAP and that the TAP contained sufficient recognition of the identified needs. In addition to this he found that since February 2009, the Executive had taken appropriate steps to achieve the objectives in the programme for the provision of two halting sites. Submissions on reliefs will be made at a later date.