Written Answers. - Paramilitary Displays.
Michael McDowell
Question:
15
Mr. M. McDowell
asked the
Minister for Justice
the plans, if any, she has to change the law in relation to the holding of paramilitary displays in the State such as was witnessed at the burial of the member of the provisional IRA who was buried in Finglas, Dublin 11, recently following the raid on the Widow Scallan's pub, Dublin 2; and if she will make a statement on the matter.
As I have already indicated in this House, I could not undertake to indicate, by way of reply to parliamentary questions, what specific legislative proposals I might have in a particular area. Any legislative proposals I may have in relation to any particular matter would be announced in the normal way in due course. However, I would like to take this opportunity to address certain concerns which have been expressed following the recent removal and burial of one of the victims of the recent shooting incident at the Widow Scallan's pub in Pearse Street.
There has been reference to the perceived inadequacy of the law in relation to the wearing of paramilitary uniforms. As things stand, there is no provision in the criminal law which prohibits per se the wearing of paramilitary-style clothing. Accordingly, the question as to whether an offence, warranting the taking of a prosecution, is committed on an occasion which, amongst other things, involves the wearing of a particular type of clothing, must have regard to all the circumstances involved and is a matter for the appropriate authorities i.e. the Garda Síochána and the Director of Public Prosecutions.
This was not the first occasion on which a funeral with some element of paramilitary trappings took place in this jurisdiction. The reality is that such funerals have taken place on many occasions down through the years.
The question of introducing legislation to prohibit the public wearing of certain types of uniform has been an issue virtually since the foundation of the State. However, any time it was considered it was recognised that there were difficulties associated with such legislation. Apart from the difficulties of enforcement which I will deal with later, it was recognised that a "broad" provision would unavoidably encompass the wearing of uniforms by a very wide range of legitimate organisations, political and non-political, while a "narrow" provision might not lead to successful prosecutions or could perhaps be circumvented altogether by the organisations concerned simply adopting a different style of clothing or uniform. By proceeding in this way the organisation concerned could make a mockery of the law — in other words they would tend to gain rather than lose in publicity terms.
Even if one were to introduce a provision banning dress or displays which were such as to arouse reasonable apprehension that the persons concerned were members or supporters of a proscribed organisation — and assuming that there were no constitutional or other difficulties associated with such a provision — there would be considerable difficulties in producing the standard of proof likely to be required by an Irish court.
It must also be recognised that there are particular difficulties associated with the policing of funerals of this nature. We need only look to the experience in Northern Ireland where the high profile of policing of such funerals during the 1980s caused great offence and resentment amongst the Nationalist community — resentment which was indeed voiced in this House. It was recognised that such policing only provided the men of violence with ready-made propaganda coups.
Funerals are traditionally dignified occasions where the feelings of grieving relatives are treated with the utmost regard and sympathy. If the law provided that the wearing of a particular style of uniform, or a style of marching by uniformed persons, was a criminal offence, the Garda would have to be in attendance in such numbers and so close to the centre of things that their presence could be regarded as, at best, insensitive and, at worst, as provocative and overbearing. It has to be borne in mind that others who would reasonably expect to be at the centre of things on an occasion such as this could include innocent children and other relations of the deceased — heavy handed law enforcement could be seriously distressing for such persons.
The alternative — and in the view of all of those who considered the matter in the past — the better alternative is for the Garda to respect the dignity that belongs to all funerals, to facilitate the easy passing of the funeral along the route it is to follow, to maintain a discreet presence, to monitor what is happening — with a view to assisting in any subsequent investigation that might be required — and to prevent, as far as possible, any unlawful activity from taking place.
At the end of the day, the policing measures to deal with any public order situation where large crowds are expected to take part are matters for determination by the Garda authorities in accordance with their professional judgement. It is entirely a Garda decision following an assessment by Garda officers of the operational requirements.
The overwhelming majority of people on this island, are totally opposed to the use of violence for achieving political ends. The Deputy will be aware of this Government's wholehearted opposition to the violent expression of political views and our determination to evolve arrangements most likely to bring about reconciliation between the two sections of the community in Northern Ireland. What successive Governments have done and what this Government will continue to do is to use every opportunity to make people aware of our absolute opposition to the use of violence for political ends and of our commitment to using all the resources available to us to bring such violence to an end. In my view, this is the best way to counter the propaganda of terrorists — I can see no percentage in giving propaganda victories to those involved by attempting to apply the criminal law to an area where it would be unlikely to produce any worthwhile results.
