asked the Minister for Justice what is now the law in relation to picketing or other forms of obstruction in the vicinity of or at the approaches to Leinster House.
Ceisteanna—Questions. Oral Answers. - Picketing of Leinster House.
72.
The matter in question is governed by section 28 of the Offences Against the State Act, 1939, which authorises the Gardaí, if they see fit, to prohibit any meetings or processions within half a mile of Leinster House while the Dáil or Seanad is sitting.
Could the Minister say why, in one instance, it is prohibited and in another it is not? Does he not agree that it is most undesirable that there should be one law for one group and another for another?
I do not think so. The Gardaí are very good judges of these matters. At all events, the House will shortly be able to decide what should or should not take place around Leinster House under the new Criminal Justice Bill.
Can the Minister say if there was Ministerial direction given in any of these instances?
There may be Ministerial approval or otherwise but it is really a matter for the Garda authorities.
Is it not true that a Ministerial direction was given on the day of the student demonstration because the Government did not want to have a bad image on account of the civil rights marches in Derry?
No, there is no truth in that suggestion. It is true, though, that the Gardaí had information about certain gentlemen who would try to take advantage of such a demonstration, who would try to create certain damage and who would try to bring charges of police brutality. I hope the Deputy is not encouraging those people in any way.
Not at all. I condemned it today during my speech.
Am I to assume that, pending the discussion on the Criminal Justice Bill, if other groups find it necessary to demonstrate, the situation will be handled in a similar fashion?
Certainly, so long as the Garda are assured that public order will be maintained, that there will be no breaking of windows, wrecking of property or disorder.
May I assume that the Minister and the Garda will have due regard to the practice of assembly of well-intentioned persons to make demonstrations and then the mustering behind them of certain people in order to create riots? The gardaí may be brought into conflict with the wellintentioned persons who have been pushed up to the front of the demonstration, in order to be brought into conflict with the gardaí, which they do not want, by persons behind them who fire the rocks, the studded golf balls and the rest of the filth with which they propose to precipitate a riot if they can?
Certainly the people to whom Deputy Dillon refers take advantage of these occasions for their own evil purposes. Let me say, as an end to this matter, that people who are genuinely organising what they consider to be a warranted protest have a duty not only to control their own ranks and their own people but also to take some steps to ensure that their demonstration will not be used by evilly-disposed persons in order to create public disorder.
We all agree with the Minister's sentiments. Surely this was treated in a different way from the way in which the farmers' protest was treated earlier? If the farmers' protest had been treated in the same way, we should have avoided a lot of recrimination.
I would advise Deputies not to go too far in this field. We are talking now about Leinster House and demonstrations, meetings or picketings around about Leinster House. It seems to be becoming a popular pastime.
We have a different Minister now.
We shall have all and sundry around about Leinster House. As far as I know, from inquiries I have made about practices in other countries, Parliament is kept free and picketing is not permitted in the immediate precincts of Parliament. I have already stated that the House itself will have an opportunity of determining what is appropriate in this connection very shortly. I would ask Deputies to give serious consideration as to what their views will be on this issue, when it comes before the House.
My concern is to ensure that trade unionists will get the same treatment as students.
Will the Minister have an open mind when we are discussing this particular Bill or has he made up his mind?
I have an open mind. As well as what everybody else says, I shall express my own view on this issue.
Having regard to what Deputy Andrews said——
It is as well to have other matters in mind, too. However, the views of Deputies on this issue, if they give their views objectively, will be interesting.
A free vote.