A former junior Minister and Fianna Fáil TD has criticised a Government measure to deal with illegal Traveller encampments. Mr Chris Flood (Dublin South-West), abstained in the vote which makes trespass a criminal offence, and makes it easier for gardaí and local authorities to move unauthorised Traveller encampments.

Mr Flood said the provision was a heavy-handed response, which would lead to conflict. It was accepted in the Dáil with the support of Fine Gael, by 107 votes to 17.

Fine Gael's environment spokeswoman, Ms Olivia Mitchell, who said she first saw the amending legislation yesterday morning, defended the Government provision and said it sought to "change public behaviour".

It was a practical measure to prevent "the relatively new phenomenon of Travellers who have accommodation elsewhere, carrying out business and, for the most part, engaging in appalling degradation of the environment by dumping the detritus of their businesses on public land and amenities".

Labour's Environment spokesman, Mr Eamon Gilmore, said the measure had enormous implications, because for the first time it criminalised trespass, which had previously been a civil matter. It could affect disputes about fishing rights and "will blow up in the Government's face".

The measure prohibits anybody entering and occupying lands without the consent of the owner, where they were likely to "damage the land substantially or prejudicially affect any amenity" or prevent anybody entitled to use the land or its amenities from doing so. Entry or occupation of the land is also prohibited where it makes it "unsanitary or unsafe".

The Garda can arrest without warrant a person committing an offence under the new measure, and can remove their possessions and store them.

It will also be an offence for a person to fail to give their correct name and address, and the provision allows for a fine of up to €3,000 and/or a month in prison on conviction.

Mr Flood said the measure would lead to conflict "and that is not good at community level where bitterness, hatred and racism will rear their ugly heads because of what will be seen as a heavy-handed response to Travellers occupying a piece of ground, for whatever reason, which others believe they should not do".

The Minister of State for the Environment, Mr Danny Wallace, who introduced the amendment for his Ministerial colleague, Mr Bobby Molloy, said in some cases encampments had numbered over 100 caravans and this had exacerbated the situation.