As the Deputy will be aware, section 8 of the Criminal Justice (Public Order) Act, 1994, allows the gardaí, in prescribed circumstances, to direct a person to either desist from acting in a particular manner or leave immediately the vicinity of the place concerned in a peaceable or orderly manner or both. The Deputy will appreciate that the manner in which this provision is implemented varies depending on the particular nature of the circumstances with which the gardaí are confronted. The central consideration is that the person who is the subject of a direction does not remain a threat to public order of the kind envisaged by the section.
I understand that the provision – which was extensively debated in the Oireachtas when the legislation was being considered – was drafted on the basis of allowing sufficient flexibility to deal with the wide range of incidents which can arise while at the same time having regard to the rights of individuals.
In any event, the Garda authorities have not indicated that the operation of the provision in question has given rise to any particular difficulties. I understand that the provisions of the 1994 Act are used extensively by the gardaí and I believe that it is widely accepted that the legislation has proved invaluable to the gardaí in dealing with public order issues.