Dáil Éireann debate -
Wednesday, 25 Mar 1998

Vol. 489 No. 1

Adjournment Debate. - Public Demonstrations.

Mr. Ring

I thank the Chair for allowing me raise this matter on the Adjournment. The reason I raise this matter is that some weeks ago I was taking a person to the train station who intended to board the Cork train. We were delayed for an hour and a quarter because of a protest with the result that the person was late for the train. Outside the offices of Dublin County Council people with horses and carts were protesting. At first I thought a film was being shot. Due to the protest we could neither get up or down the street.

Such protests are unfair on the public. Those who wish to make a protest have a right to do so. However, regulations should be introduced here or by Dublin County Council to prevent groups, wishing to make a protest in the capital city, from delaying traffic. Such protests mean that hospital appointments are broken, ambulances and fire services are held up and generally people's lives are put at risk.

Public protests should be organised. There are areas in the city where protests can be held, for example, the Phoenix Park, Croke Park, Landsdowne Road and so on. The organisations involved can pay for the use of such venues. It is time such protests were stopped. A group wishing to protest should apply to the relevant local authority. Given the traffic congestion in Dublin it is difficult to get through Dublin city as it is jammed from morning to night. When an organisation wishes to protest the city is clogged up for an hour or two. That will have to stop. I ask the Minister to bring a measure before the Dáil to deal with this matter. He will have the support of all political parties.

I have no objection to people making a peaceful protest. However, a situation such as the one which occurred a few weeks ago, when people blocked the city with horses and carts, is wrong. There was no respect for law and order. People on the quays were frantic in their attempts to get to train stations, hospitals and their homes. The city was choked up and nobody did anything about it. I put down a parliamentary question to the Minister with regard to the protest. I am aware it is not his responsibility but I wanted to know if any prosecutions would ensue. He said it was a matter for the Garda Síochána. I hope there will be prosecutions.

This type of behaviour must stop. The protests make us appear foolish to the outside world. There were probably visitors in the city who witnessed it being brought to a standstill by people with horses and carts. We must be the laughing stock of Europe. It was a reminder of the wagon trains of years ago. I hope the Minister can resolve this serious problem.

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I assure the Deputy that all public demonstrations are subject to the law governing activities in public places, such as the Road Traffic Acts, 1961 to 1995, for example, and the Criminal Justice (Public Order) Act, 1994. The public order legislation provides for a series of offences to deal with disorderly behaviour and for appropriate measures to enable the Garda Síochána to respond for the purpose of preserving order.

There are other significant statutory provisions which provide for various offences arising from disorderly behaviour and the like. In addition, in the event that there are offences against the public peace on the occasion of a public demonstration, it is open to the Garda Síochána by common law to take the necessary and appropriate action. On such occasions there would be a duty on the Garda authorities to take action to preserve the peace.

I assure the Deputy that the conduct of public demonstrations is given appropriate attention at all times by the Garda Síochána. I have not been informed by the Garda authorities that there are any particular problems from a law enforcement perspective arising from demonstrations or protests, although I appreciate that at the time such protests can be a cause of irritation to the general public going about its business. Those who take part in such demonstrations are subject to the laws governing activities in public places. Where breaches of the law occur, it is a matter for the Garda Síochána to take the necessary action and I have been assured by the Garda authorities that the law is enforced as the occasion demands.

Demonstrations or public protests which attract large numbers of people can, by their nature, cause disruption to the traffic and to the general public. There is, of course, a general obligation on persons engaged in such demonstrations or protests not to wilfully obstruct traffic or to engage in any disruptive behaviour in breach of the law.

I have heard suggestions that public demonstrations be confined to large public areas, such as Phoenix Park. Quite apart from the legal aspects of such suggestions, I do not believe there would be public support for any proposal which could be interpreted as seeking to interfere with any right to peaceful assembly or to free expression in the absence of breaches of the law. The gardaí are in a difficult position on such occasions but their primary duty at all times is to maintain law and order. I am satisfied that existing statutory provisions are adequate to deal with any difficulties arising from such events and the Garda authorities will continue to give appropriate attention as the occasion demands.

I am not convinced by Deputy Ring's argument that protests should be confined to venues such as Croke Park and Lansdowne Road. Sporting enthusiasts in both codes might take the view that there are sufficient protests at these venues already.